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Theft

The number the State puts on the property decides whether you are facing a ticket, a misdemeanor or a felony. That number is an allegation, not a fact.

Criminal Defense

Value is an element, and elements have to be proved.

Texas grades theft by the value of what was taken, on a ladder that runs from a Class C misdemeanor at the lowest end up through felony ranges as the amount rises. Prosecutors often plead the value from a retailer's loss-prevention report or a complainant's estimate, using retail price rather than fair market value and aggregating items that should not be aggregated. Getting the value right frequently moves the case down a level or two — and sometimes out of felony territory entirely.

Cases we handle

  • Shoplifting and retail theft, including organised retail theft allegations built from repeated visits.
  • Theft of services: unpaid contractors, disputed work and rental equipment.
  • Theft by check and card abuse.
  • Embezzlement and theft by a fiduciary, where an employment dispute has been reframed as a crime.
  • Auto theft and unauthorised use of a vehicle, which is a different offence with a different mental state.
  • Burglary and robbery, which are not theft offences at all in Texas and carry substantially heavier ranges.

Intent is the other half

Theft requires an intent to deprive the owner permanently. Cases collapse where there was a genuine claim of right, a misunderstanding about permission, a payment dispute, a borrowed item, or simple absent-mindedness at a self-checkout. Surveillance video that supposedly shows concealment often shows nothing of the kind once it is watched in full rather than in the clip an investigator selected.

Keeping it off your record

A theft conviction is treated as a crime of dishonesty, which means it does damage out of proportion to the sentence: employers, professional licensing and immigration authorities all weigh it heavily. Restitution, diversion, and negotiated reductions to non-theft offences are all worth pursuing precisely because the label is the real penalty.

Fees, and what you get for them

Criminal matters are quoted as a flat fee for a defined stage of the case, so you know what representation costs before you commit to it. Payment plans are available. What the fee buys is a lawyer who appears at your settings, reads the file rather than skimming it, and tells you honestly which parts of the State's case are weak and which are not.

Common questions

How is the seriousness of a theft charge decided?

By the value of the property alleged. That value is an allegation the State has to prove, and it is often based on retail price rather than fair market value.

Can the value be challenged?

Yes, and doing so frequently moves a case down a level — sometimes out of felony territory entirely.

It was a misunderstanding at self-checkout.

That is a defence, because theft requires an intent to deprive the owner permanently. The full video, watched rather than clipped, usually helps.

The store sent me a civil demand letter. Should I pay it?

Talk to us first. It is separate from the criminal case, paying it does not end the charge, and what you write back can be used against you.

My employer accused me over money I was owed.

A genuine claim of right is a real defence, and it needs documenting early with pay records, messages and the agreement as it was actually understood.

Is shoplifting treated as a minor matter?

The sentence may be small; the record is not. Theft is treated as a crime of dishonesty and does lasting damage in employment and immigration.

What is the difference between theft, burglary and robbery?

They are separate offences in Texas with different elements and much heavier ranges for the latter two. Charging decisions here are worth challenging.

Will paying restitution end the case?

Not by itself, though it is frequently part of a negotiated resolution. Timed and presented properly it can change the outcome considerably.

Can a theft charge be kept off my record?

Dismissals and acquittals can be expunged, and deferred outcomes may later be sealed. It is a central goal in these cases rather than an afterthought.

What should I not do?

Do not speak to loss prevention, do not write a statement for the store, and do not contact anyone involved to explain yourself.

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Tell us what happened. We will tell you where you stand.

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