Defense for shoplifting, burglary, robbery, and theft charges in Texas.
Theft charges in Texas range from minor shoplifting citations to aggravated robbery prosecutions carrying decades in prison. What ties them together is that the state has to prove the defendant intended to deprive someone of property and that the value or circumstances of the property meet the statutory thresholds. Defense work attacks both intent and proof.
Texas Penal Code Chapter 31 covers theft offenses. The base offense is theft, defined as the unlawful appropriation of property with intent to deprive the owner. The classification of the offense depends primarily on the value of the property taken.
Value thresholds set the classification. Under $100 is a Class C misdemeanor. $100 to $750 is Class B. $750 to $2,500 is Class A. $2,500 to $30,000 is a state jail felony. $30,000 to $150,000 is third-degree felony. $150,000 to $300,000 is second-degree. Over $300,000 is first-degree.
The value thresholds were updated by the Texas Legislature in 2015 and remain at those levels.
Most shoplifting cases in Texas are charged as theft based on the value of the merchandise. First-time shoplifting under $100 is a Class C misdemeanor, often handled in municipal court with a fine. Higher values move into Class B and Class A territory with potential jail time.
Loss prevention practices vary by retailer. Many cases turn on whether the defendant actually concealed merchandise, attempted to leave the store with it, or formed the intent to take it without paying. Video evidence is common but not always as clear as the state claims.
Burglary under Penal Code Section 30.02 is entering a habitation or building without consent with intent to commit a felony, theft, or assault. Burglary of a habitation is a second-degree felony, increased to first-degree if the intent involved a felony other than theft. Burglary of a building that is not a habitation is a state jail felony.
The intent element is critical. Entering a building unlawfully without the requisite intent is criminal trespass, a lesser offense. The state often has thin proof of intent and relies on circumstantial evidence.
Robbery under Section 29.02 is theft accompanied by intentionally causing bodily injury or threatening imminent bodily injury or death. Robbery is a second-degree felony with two to twenty years in prison.
Aggravated robbery under Section 29.03 adds elements such as causing serious bodily injury, using or exhibiting a deadly weapon, or robbing a person who is 65 or older or disabled. Aggravated robbery is a first-degree felony with five years to life. Defense work focuses on identification, the actual elements of the offense, and whether the alleged threat or weapon use can be proven.
Texas also criminalizes theft of service, which covers things like dine-and-dash, unpaid hotel stays, and contractor disputes. Identity theft, credit card abuse, and theft by check are separate offenses with their own elements and penalty schemes. Each requires its own analysis.
Talk to an attorney who handles these cases regularly. Consultation requests are reviewed personally and treated with full confidentiality.
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