A theft accusation follows a person into job applications, background checks, and conversations with family long after the original incident fades from memory. That paperwork trail does not have to end in a conviction.
A Texas theft offenses lawyer defends people charged under Penal Code Chapter 31, where the classification depends mainly on the value of the property involved. Theft charges range from a Class C misdemeanor for property under $100 to a first-degree felony for property worth $300,000 or more.
The Law Offices of Richard C. McConathy defends Texans against theft offense charges, from a first shoplifting citation through a felony theft case in state court.
Call 972-233-5700 for a free confidential consultation with Richard C. McConathy. We take your call 24/7.
Why Direct Access to an Attorney Changes a Texas Theft Case
Direct access to the attorney assigned to a case changes how quickly real defense work begins on a theft charge. The Law Offices of Richard C. McConathy has represented Texans in criminal cases since 2002, with Richard C. McConathy having over 35 years of courtroom experience.
A person who calls the firm speaks with Richard C. McConathy from the first conversation, not a paralegal collecting basic intake information. That attorney reviews the store report, the receipt or lack of one, and the alleged value personally before any strategy gets set.
Free consultations are available 24/7, since a shoplifting stop or a store detention rarely happens on a convenient schedule.
We do not promise specific results before reviewing the full file, since a theft case often turns on how the value got calculated.
How Texas Law Turns a Dollar Amount Into a Criminal Charge
Texas law bases most theft charges on the dollar value of the property taken under Penal Code Section 31.03. That single number decides whether a case stays in municipal court or moves to a felony district court.
| Property Value | Charge Classification | Potential Penalty |
| Under $100 | Class C misdemeanor | Fine only, up to $500 |
| $100 to $749.99 | Class B misdemeanor | Up to 180 days in jail, fine up to $2,000 |
| $750 to $2,499.99 | Class A misdemeanor | Up to 1 year in jail, fine up to $4,000 |
| $2,500 to $29,999.99 | State jail felony | 180 days to 2 years in a state jail facility |
| $30,000 to $149,999.99 | Third-degree felony | 2 to 10 years in prison |
| $150,000 to $299,999.99 | Second-degree felony | 2 to 20 years in prison |
| $300,000 or more | First-degree felony | 5 to 99 years or life in prison |
Why the Listed Retail Price Isn't Always the Legal Value
A store's sticker price does not automatically set the legal value of a theft charge in Texas. The law looks at fair market value at the time and place of the offense, which sometimes differs from what a receipt or price tag shows.
Shoplifting Stops, Store Security, and What Texas Law Actually Allows
Store employees in Texas hold limited authority to detain someone suspected of shoplifting, not full arrest power. Civil Practice and Remedies Code Section 124.001 protects a store from a false imprisonment claim only under specific conditions.
That protection covers a detention meant to investigate ownership of merchandise, not an open-ended interrogation. A few conditions generally have to line up for that detention to stay within the law.
- A reasonable belief that theft actually occurred, not a vague suspicion.
- A reasonable amount of time, limited to investigating the claim or waiting for police.
- A reasonable manner, without excessive force or public humiliation.
- A location on or near the store's premises, not somewhere else entirely.
A stop that goes beyond these limits does not automatically erase a theft charge, but it may become a real issue for the defense to raise. How a detention happened often matters just as much as what got taken.
Beyond Simple Theft: Related Charges Under Texas Law
Texas law charges several offenses alongside simple theft that often catch people by surprise. These charges live in the same part of the Penal Code but carry their own separate rules.
- Theft of service, covering situations like leaving a restaurant or hotel without paying, is defined under Penal Code Section 31.04.
- Unauthorized use of a vehicle, which applies to driving someone's car without consent even without an intent to keep it, under Penal Code Section 31.07.
- Organized retail theft, which targets coordinated theft schemes meant for resale, under Penal Code Section 31.16.
Each of these charges carries its own classification rules separate from the standard theft value ladder. A person facing one of these charges benefits from a lawyer who reads the actual statute cited on the paperwork, not just the general word theft.
When a Theft Charge Grows Larger Than the Original Incident
A theft charge in Texas sometimes grows well beyond the value of a single incident once prosecutors apply certain legal rules. These rules exist to address repeat conduct and vulnerable victims.
- Aggregation of multiple thefts under one scheme or course of conduct into a single combined value, under Penal Code Section 31.09.
- Prior theft convictions, which can raise a later charge's classification by one full level.
- An elderly victim, generally defined as someone 65 or older, which enhances the charge.
- Property taken from a nonprofit or government entity, which also raises the classification.
These enhancements explain why two theft cases involving similar dollar amounts sometimes carry very different charge levels. A defense that only looks at the item taken misses half of what actually drives the classification.
The Days Right After a Theft Charge Matter More Than People Think
The days right after a theft charge shape how much room a defense has to work with later. Choices made during this window often follow a case all the way to resolution.
- Avoid discussing the incident with loss prevention staff or police beyond basic identification.
- Keep any receipts or proof of purchase related to the disputed item.
- Stay away from the store or location involved in the accusation.
- Attend every scheduled court date, even one that seems purely procedural.
- Avoid posting about the incident on social media in any form.
None of these steps decide a case by themselves, but each one keeps options open for the attorney handling it. A person who talks too freely in these early days sometimes hands the state evidence it would not have gathered otherwise.
Does Every Texas Theft Charge End in a Conviction?
Not every Texas theft charge ends in a conviction, since several paths exist to resolve a case short of that outcome. Which path applies depends heavily on the value involved and the person's record.
- Dismissal, where the prosecutor drops the case due to insufficient proof of value or intent.
- Deferred adjudication, where the case gets dismissed after a period of court supervision without a guilty finding.
- Pretrial diversion, a program available to certain first-time offenders that avoids a conviction entirely.
- Reduced charge, where a disputed valuation supports a lower classification through negotiation.
Which of these outcomes fits a specific case depends on facts that rarely show up clearly on the original police report. A theft case built entirely on an employee's estimate looks very different once that estimate gets challenged with real evidence.
What a Texas Theft Defense Lawyer Actually Costs
The cost of a theft defense lawyer in Texas depends heavily on the charge level and how much the valuation gets disputed. A Class C citation and a first-degree felony require very different amounts of attorney time.
Cases involving aggravated charges or organized retail theft accusations generally take longer to prepare, since these charges often depend on records spanning multiple incidents. A case that stays contested through trial naturally costs more than one resolved early through negotiation.
The Law Offices of Richard C. McConathy reviews these factors during a free consultation before naming a fee. Calling 972-233-5700 early gives a person a clear number before committing to anything.
Ask the Law Offices of Richard C. McConathy
Q: Is shoplifting a felony in Texas?
A: Not usually. Most shoplifting charges in Texas are misdemeanors, since the value of typical retail merchandise falls under the felony threshold, though repeat offenses or high-value items change that.
Q: Can a theft charge go away if I give the item back?
A: Not automatically. Returning an item influences how a prosecutor handles the case, but Texas law does not require dismissal just because the property gets returned.
Q: Do I have to talk to store security if they stop me?
A: No, generally not. A person stopped by store security has no legal obligation to answer questions beyond identifying themselves, though refusing entirely extends the encounter until police arrive.
Q: What happens if the store didn't actually lose any money?
A: A charge can still apply. Texas theft law covers an attempt to take property permanently, so a case proceeds even if the store recovered the item before any loss occurred.
Q: Will a theft charge affect my job in Texas?
A: It might. A theft charge or conviction shows up on a background check and affect certain jobs, particularly those involving cash handling, licensing, or security clearances.
FAQ for Texas Theft Offenses Lawyer
Does a theft conviction in Texas ever get expunged?
Generally no, once a conviction is final. Expunction in Texas generally applies to cases that end in dismissal, acquittal, or a similar outcome short of conviction, not to a completed theft conviction itself.
What is the statute of limitations for theft in Texas?
It depends on the charge level. Under Code of Criminal Procedure Article 12.01, most felony theft charges must be filed within three years, while misdemeanor theft charges generally must be filed within two years under Article 12.02.
Does the Law Offices of Richard C. McConathy handle first-time shoplifting cases?
Yes. The firm represents clients facing first-time misdemeanor shoplifting charges as well as repeat and felony-level theft cases across Texas.
Can someone be charged with theft in Texas without being caught in the act?
Yes. Store video footage, inventory records, or an employee's statement supports a theft charge even when no one observed the incident firsthand.
Is restitution required in a Texas theft case?
Yes. A Texas court can order restitution to the property owner as part of a sentence, separate from any fine or jail time tied to the conviction itself.
Get a Texas Theft Offenses Lawyer Looking at the Charge Today
A theft charge built on a rough estimate or a rushed store report does not automatically hold up once someone starts asking real questions about it.
The value on the paperwork is often the most contested number in the entire case.
The Law Offices of Richard C. McConathy reviews the valuation, the store's account, and the charging decision directly with the attorney assigned to the case.
Contact us at 972-233-5700 or online now for a free consultation before the next court date.