Understanding Theft Charges in Texas
Theft is one of the most commonly charged crimes in Texas and can range from minor shoplifting offenses to complex white-collar crimes like embezzlement. Under Texas Penal Code 31.03, theft occurs when a person unlawfully appropriates property with the intent to deprive the owner of it. This can include taking physical items, services, or money without the owner’s consent.
A theft conviction can have serious consequences, including jail time, fines, and a permanent criminal record that affects employment opportunities. If you or a loved one is facing theft charges in Houston, Harris County, or the surrounding areas, you need a top-rated Houston theft defense lawyer who understands how to fight these charges effectively.
Why Choose Ceja Law Firm for Theft Defense?
Attorney Jose Ceja is a Board-Certified Criminal Law Specialist by the Texas Board of Legal Specialization, a distinction held by only a small percentage of Texas attorneys. As a former prosecutor, Mr. Ceja has firsthand knowledge of how theft cases are built and prosecuted, allowing for an aggressive and strategic defense approach. Recognized as a Texas Super Lawyer, Mr. Ceja has successfully defended numerous clients facing theft charges throughout Houston and the surrounding areas.
Types of Theft Offenses in Texas
Theft encompasses a wide range of offenses. Some of the most common include:
Shoplifting involves taking merchandise from a store without paying. Even a first-time shoplifting offense can result in criminal charges and civil penalties.
Embezzlement occurs when a person entrusted with property or funds misappropriates them for personal gain. This is commonly seen in workplace theft cases.
Theft of Service
Theft of service involves intentionally avoiding payment for services received, such as dining at a restaurant and leaving without paying or failing to return rental property.
Unauthorized Use of a Vehicle
Also known as “joyriding,” this charge applies when someone takes another person’s vehicle without consent but without intent to permanently deprive the owner.
Theft by Deception or Fraud
This includes schemes where individuals obtain property or money through fraudulent means, such as writing bad checks or misrepresenting facts to obtain services.
Penalties for Theft in Texas
The severity of a theft charge depends on the value of the stolen property or services:
- Class C Misdemeanor: Property worth less than $100 (fine up to $500, no jail time)
- Class B Misdemeanor: Property worth $100-$750 (up to 180 days in jail and a $2,000 fine)
- Class A Misdemeanor: Property worth $750-$2,500 (up to 1 year in jail and a $4,000 fine)
- State Jail Felony: Property worth $2,500-$30,000 (180 days to 2 years in state jail, $10,000 fine)
- Third-Degree Felony: Property worth $30,000-$150,000 (2-10 years in prison, $10,000 fine)
- Second-Degree Felony: Property worth $150,000-$300,000 (2-20 years in prison, $10,000 fine)
- First-Degree Felony: Property worth more than $300,000 (5-99 years in prison, $10,000 fine)
Additional factors, such as prior convictions or theft from an elderly person, can increase the penalties.
Immigration Consequences of a Theft Conviction
Theft is considered a “crime of moral turpitude” under U.S. immigration law, which means a conviction can have severe immigration consequences. Depending on the circumstances, a theft conviction could lead to:
- Deportation or Removal: Non-citizens convicted of certain theft offenses may face deportation.
- Inadmissibility: A theft conviction can make it difficult or impossible to obtain a visa, green card, or U.S. citizenship.
- Denial of Reentry: If convicted, non-citizens traveling abroad may be barred from re-entering the U.S.
If you are an immigrant facing theft charges, it is critical to hire an experienced theft defense attorney who understands the immigration consequences and can work to get charges reduced or dismissed. At Ceja Law Firm, we are focused on criminal law but work closely with immigration attorneys to make sure our clients’ immigration status is protected.
Defenses to Theft Charges
If you’re wondering how to beat a theft charge in Texas, a strong legal defense can mean the difference between a conviction and a case dismissal. Some possible defenses include:
- Lack of Intent: The prosecution must prove intent to permanently deprive the owner of the property.
- Lack of Evidence: Many theft cases lack sufficient evidence to prove guilt beyond a reasonable doubt.
- Mistaken Identity: Theft cases often rely on witness statements and surveillance footage, which can lead to misidentifications.
- Rightful Ownership: If the defendant had a valid claim to the property, it may not be considered theft.
- Consent: If the owner consented to the property being taken, the charge may not hold up in court.
- Pretrial Diversion Programs: In some cases, first-time offenders may qualify for pretrial diversion, allowing them to complete a program and have their case dismissed.
An experienced Houston theft attorney can evaluate your case and determine the best strategy for your case.
Frequently Asked Questions
What happens if you get caught stealing in Houston?
If you’re caught stealing in Houston, you could face misdemeanor or felony charges depending on the value of the stolen property. A conviction may result in jail time, fines, and a permanent criminal record. Having an experienced Houston theft attorney can significantly improve your chances of reducing or dismissing the charges.
How much theft is a felony in Texas?
Theft becomes a felony in Texas when the value of the stolen property or services is $2,500 or more. Felony theft charges carry serious consequences, including prison time and hefty fines.
Can theft charges be dropped in Texas?
Yes, theft charges can be dropped if there is insufficient evidence, if the defendant had rightful ownership of the property, or if a strong defense is presented. An experienced Houston theft lawyer can negotiate for case dismissal or reduced charges.
Do I need a lawyer for petty theft in Houston?
Even petty theft charges can have long-term consequences. A criminal record can impact employment and housing opportunities. Hiring a Houston criminal defense attorney can help protect your record and fight for the best possible outcome.
What should I do if I am under investigation for theft?
If you are under investigation for theft, it is crucial that you do not speak to law enforcement without an attorney present. Anything you say can be used against you. Contact a Houston theft defense lawyer immediately to assess your situation and develop a legal strategy to protect your rights.
Keeping a Theft Charge Off Your Record
Even if a theft charge cannot be dismissed, you may still be able to prevent it from affecting your permanent record. Options include:
- Expunction: If your case is dismissed, you may be eligible to have the charge completely erased from your record.
- Non-Disclosure (Sealing Your Record): If you complete a deferred adjudication program, you may qualify for a non-disclosure order, which seals your record from public view.
- Pretrial Diversion: Completing a pretrial diversion program can allow for case dismissal and eligibility for expunction.
Clearing your record is crucial for protecting future employment, housing, and educational opportunities. A skilled Houston theft lawyer can guide you through the process.
Contact a Houston Theft Defense Attorney Today
If you or a loved one is facing theft charges, don’t wait—call Ceja Law Firm today for a free consultation with a Board-Certified Houston theft defense lawyer. We serve clients across Harris County, Fort Bend County, and Montgomery County facing shoplifting, embezzlement, and other theft-related charges.
