Theft Offenses

A theft charge can feel minor, especially if it started with a shoplifting stop. It is not minor. Theft is treated in Texas as a crime of moral turpitude, which means a conviction can follow you into job interviews, professional licensing, and any future case where your honesty is at issue. The good news is that many theft cases can be resolved without a conviction if they are handled correctly from the start.

Brian T. Powers is a former police officer, former felony prosecutor, and former magistrate judge. He defends people charged with shoplifting, theft, and related offenses in San Antonio and Bexar County.

What Counts as Theft in Texas

Under Texas Penal Code §31.03, a person commits theft if he or she unlawfully appropriates property with intent to deprive the owner of it. "Appropriation" is unlawful if it happens without the owner's effective consent, or if the property was stolen and the person knows it.

Texas folds many offenses that used to have separate names into this single theft statute. Shoplifting, embezzlement, theft of services, receiving stolen property, and many kinds of check and fraud cases are all charged as theft. What changes from case to case is the value of the property and your criminal history.

Theft Penalties by Value

The level of a theft charge is set mainly by the value of what was taken.

Prior theft convictions raise the level

Your history can push a small case up the ladder. A theft under $100 becomes a Class B misdemeanor if you have a prior theft conviction. A theft under $2,500 becomes a state jail felony if you have two or more prior theft convictions. That is why even a low-value first offense is worth fighting: it can become the prior that enhances the next one.

Several thefts can be added together

When the State says several thefts were part of one scheme or continuing course of conduct, it can add the values together into one charge. A series of small amounts, such as repeated register shortages at work, can become a felony this way.

Shoplifting

Texas has no separate shoplifting statute. Shoplifting is charged as theft, and the value of the merchandise sets the level. A few things are worth knowing:

• Loss prevention is not the police. Store employees may detain you and call officers, but what you say to them can still be used against you. You do not have to explain yourself.
• Video cuts both ways. Store footage is often the State's main evidence. It can also show that you did not conceal anything, that you were distracted, or that someone else was involved.
• Force changes everything. If a shoplifting stop turns into a push or a struggle that causes pain, the State can charge robbery, a second-degree felony. See our robbery and aggravated robbery page.

What a Theft Conviction Can Cost You

The punishment ranges above are only the start. A theft case can also bring:

• Fines and court costs, which climb with the level of the offense.
• Jail or prison time for anything above a Class C misdemeanor.
• Probation with reporting, fees, classes, and conditions. Violating them can lead to revocation and jail.
• Restitution to the owner and sometimes community service.
• A permanent criminal record that shows up on background checks for jobs and housing.
• Credibility problems, because theft is a crime of moral turpitude. Employers, licensing boards, and courts treat it as a question about honesty.
• Enhancement of future charges, as explained above.
• Immigration consequences for people who are not U.S. citizens.
• Damage to relationships with family, friends, and coworkers, especially in cases involving an employer.

Options That May Avoid a Conviction

Many theft cases, especially first offenses, can end without a conviction:

• Pretrial diversion. Some first-time defendants qualify for a program that ends in dismissal. A dismissed case may later be eligible for expunction.
• Deferred adjudication. The judge does not find you guilty, and the case is dismissed if you complete the terms. You may later qualify for nondisclosure.
• Reduction. A disputed value or a weak element can move a case to a lower level or a lesser offense.
• Dismissal. If the State cannot prove intent, value, or identity, the case can be dismissed or won at trial.

For more on clearing a record after a case, see our expunctions and non-disclosures page.

Common Defenses in Theft Cases

• No intent to deprive. Theft requires intent. Forgetting an item in a cart, a checkout mistake, or a misunderstanding about payment is not theft.
• Consent or a claim of ownership. If the owner agreed, or you honestly believed the property was yours or you had a right to it, the case may fall apart.
• Value. The State has to prove value, which is generally the fair market value at the time and place of the offense. Inflated or unsupported values can be challenged, and a lower value can mean a lower charge.
• Identity. Grainy video and rushed identifications can point at the wrong person.
• Insufficient evidence. In embezzlement and employee theft cases, poor bookkeeping and access by other people often explain missing money.
• Unlawful police conduct. An illegal search or a statement taken in violation of your rights can be suppressed.

How We Handle Your Theft Case

We start by listening to what happened. Then we get the evidence: police reports, store video, loss prevention reports, receipts, witness statements, and any business records the State relies on. We look at whether the value is right, whether intent can be proven, and whether you qualify for diversion or deferred adjudication. Then we work toward the outcome that protects your record, through negotiation or, when needed, trial.

As a former prosecutor, Brian Powers knows how theft cases are evaluated and what makes the State willing to offer diversion or a reduction. As a former police officer and magistrate judge, he knows how these cases are investigated and charged.

Frequently Asked Questions

Is shoplifting a felony in Texas?

It depends on the value and your history. Shoplifting under $2,500 is usually a misdemeanor, but it becomes a state jail felony at $2,500 or more, or with two or more prior theft convictions.

I paid the store back. Does that end the case?

Not by itself. Paying restitution can help in negotiations, but the decision to dismiss belongs to the prosecutor. Talk to a lawyer before you make any payment or statement.

Can a theft charge be expunged?

A dismissed case or an acquittal may be eligible for expunction. A completed deferred adjudication may be eligible for nondisclosure. Final convictions generally cannot be expunged.

Do I need a lawyer for a Class C or Class B theft?

Because a theft conviction is a crime of moral turpitude and can enhance future charges, even a low-level theft is worth taking seriously. A free consultation will tell you where you stand.

Talk to Brian Powers Law

If you have been charged with theft or shoplifting in San Antonio, call Brian Powers Law at (210) 222-9446 for a free consultation. We will review the charge, the value, the evidence, and your options for protecting your record.

Related reading

• Common Criminal Charges in San Antonio: Defense Strategies That Work
• WHAT’S THE FIRST THING TO DO AFTER YOUR FIRST ARREST?