Managing Attorney
Employee theft is one of the most common forms of theft prosecuted in Texas—and yes, you absolutely can go to jail for it. Under Texas law, stealing from your employer is typically charged as theft under Penal Code §31.03, and the potential penalties range from a simple fine to years in state prison, depending on the value of the property taken.
If you’ve been accused of employee theft, it’s important to understand the law, the penalties, and the defense strategies available. As a Board-Certified criminal defense lawyer based in Houston, Jose Ceja has successfully defended numerous theft cases—including many involving employee accusations.
What Is Employee Theft?
In Texas, there is no separate statute titled “employee theft.” Instead, employee theft cases are prosecuted under the general theft statute—Texas Penal Code §31.03. The statute defines theft as “unlawfully appropriating property with intent to deprive the owner of it.” In an employment context, that “owner” is typically your boss, company, or store.
Common Examples of Employee Theft:
- Taking cash from a register or safe
- Shoplifting, including stealing merchandise, tools, or inventory
- Creating fake returns or gift cards
- Clocking in for hours not worked (“time theft”)
- Misusing business credit cards or expense accounts
- Diverting company funds (embezzlement)
Ways an Employee Can Commit Theft Under §31.03
Employee theft can happen in many forms under Texas law, including:
- Without the owner’s effective consent – The employee takes property that belongs to the company, without permission.
- By deception – The employee lies (e.g., fabricating returns or customers) to obtain company property or funds.
- By breach of fiduciary duty – Higher-level employees like managers or accountants may be accused of theft if they misuse their authority to benefit themselves.
- By “switching” items – Replacing more valuable items with less valuable ones.
- Possession of stolen property – Merely being caught with company property off-site without authorization can lead to a theft charge.
Penalties for Employee Theft in Texas
Penalties are based on the value of the property stolen, according to Texas Penal Code §31.03(e). Here’s how it breaks down:
| Value of Property | Offense Level | Possible Jail Time | Fine |
| < $100 | Class C Misdemeanor | None (ticket only) | Up to $500 |
| $100–$749 | Class B Misdemeanor | Up to 180 days | Up to $2,000 |
| $750–$2,499 | Class A Misdemeanor | Up to 1 year | Up to $4,000 |
| $2,500–$29,999 | State Jail Felony | 180 days – 2 years | Up to $10,000 |
| $30,000–$149,999 | Third-Degree Felony | 2–10 years | Up to $10,000 |
| $150,000–$299,999 | Second-Degree Felony | 2–20 years | Up to $10,000 |
| $300,000+ | First-Degree Felony | 5–99 years | Up to $10,000 |
Enhancements:
- If the victim is a nonprofit or elderly person, the charge may be enhanced.
- If you had access to the property as a public servant or in a fiduciary capacity, penalties can also be enhanced under §31.03(f).
Will I Go to Jail?
It depends. In many misdemeanor cases—especially for first-time offenders—jail is avoidable. However, for felony-level theft (especially over $2,500), jail time is a real possibility.
Factors that can influence jail time include:
- Criminal history
- Whether restitution is paid
- Strength of the evidence
- Whether the case is dismissed, pleaded out, or goes to trial
How Can an Employee Theft Case Be Dismissed?
Just because you’re charged doesn’t mean you’ll be convicted. There are several ways to beat or resolve an employee theft case without a conviction.
1. Dismissal Based on Lack of Evidence
- Surveillance footage may be unclear or incomplete
- Witnesses may be unreliable
- Records may be inconsistent
- Possession does not always prove intent to steal
A skilled attorney can challenge these elements early, sometimes leading to a pre-trial dismissal.
2. Diversion or Pretrial Intervention Programs
In Harris County and other Texas jurisdictions, first-time offenders may qualify for Pretrial Intervention (PTI). This is a program where charges are dismissed after completing conditions like restitution, community service, and theft classes.
Eligibility depends on:
- No prior convictions
- Restitution agreement
- Prosecutor approval
Once dismissed through PTI, you may become eligible for an expunction.
3. Plea Bargains
If dismissal is not possible, your attorney may be able to negotiate a plea deal with reduced charges or punishment. This could include:
- Plea to a lower offense (e.g., Class B instead of felony)
- Time served
- Fine only
- Deferred adjudication
4. Trial
If you’re innocent or believe the case is weak, you have the right to a trial by judge or jury. Many employee theft cases fall apart under scrutiny—especially if there is no direct evidence (like video or confession).
What Types of Probation Are Available?
Texas law offers several forms of community supervision for those convicted or who plead guilty.
1. Deferred Adjudication
- No formal conviction
- You must plead guilty or no contest
- If you successfully complete probation, the case is dismissed
- Eligible for non-disclosure, but not always for expunction
2. Straight Probation
- You’re convicted, but your jail sentence is “probated”
- You avoid incarceration as long as you comply with terms
3. State Jail Probation
- For theft cases charged as state jail felonies
- Judge may impose conditions like treatment, classes, or restitution
Terms of probation may include:
- Monthly reporting
- Restitution payments
- No contact with employer or coworkers
- Theft classes or counseling
- Community service
- Drug testing, if relevant
Immigration Consequences
For non-citizens, theft—especially employee theft—can be a crime involving moral turpitude, which can trigger removal proceedings, affect admissibility, and block naturalization.
Even a deferred adjudication plea can have immigration consequences. Ceja Law Firm does not handle immigration cases, but always consult an immigration attorney before entering a plea.
Final Thoughts
If you’re facing employee theft charges in Texas, the consequences can be serious—but so are your options. With the right legal strategy, it may be possible to get your case dismissed, reduced, or resolved without a conviction.
Jose Ceja has handled hundreds of theft cases in Houston and throughout Texas. As a former prosecutor and Board-Certified criminal defense attorney, he knows how to challenge evidence and protect your future.
