Most theft cases in Houston start at a store, with a loss prevention officer and a video, and most of them are misdemeanors. The value alleged sets the charge, and on value alone, $2,500 is where it turns into a felony. But a theft conviction is treated as a crime of dishonesty, and it shows up that way to every employer who runs a background check. On a first offense, there’s often a path to a dismissal that can be expunged. Call (713) 664-4000 for a free consultation.
If the store or the police want a statement, or a law firm for the retailer wants a payment, don’t give either one until you’ve talked to us. Whatever you said in that back office is probably already in the report. Jay Blass Cohen has been a Houston criminal defense lawyer since 2009, and theft is one of the charges we fight in Harris County and the counties around it.
How Texas grades theft by value
| Value of the property | Level | Range |
|---|---|---|
| Under $100 | Class C misdemeanor (§ 31.03(e)(1)) | Fine up to $500, no jail |
| $100 to under $750 | Class B misdemeanor (§ 31.03(e)(2)) | Up to 180 days in jail, up to a $2,000 fine |
| $750 to under $2,500 | Class A misdemeanor (§ 31.03(e)(3)) | Up to one year in jail, up to a $4,000 fine |
| $2,500 to under $30,000 | State jail felony (§ 31.03(e)(4)) | 180 days to 2 years in state jail, up to a $10,000 fine |
| $30,000 to under $150,000 | Third-degree felony (§ 31.03(e)(5)) | 2 to 10 years in prison, up to a $10,000 fine |
| $150,000 to under $300,000 | Second-degree felony (§ 31.03(e)(6)) | 2 to 20 years in prison, up to a $10,000 fine |
| $300,000 or more | First-degree felony (§ 31.03(e)(7)) | 5 to 99 years or life, up to a $10,000 fine |
Value means fair market value at the time and place of the theft, or replacement cost if the market value can’t be figured out (§ 31.08(a)). And if the State says several thefts were part of one scheme or continuing course of conduct, it can add them together to set the grade (§ 31.09). That’s how a handful of self-checkout trips that were each a Class B get charged as one Class A. The full statute is on our Texas Penal Code Section 31.03 page.
When theft is a felony at any value
Some thefts are state jail felonies no matter how little the property was worth. Taking something from another person’s body or hands, like a purse snatch or a pickpocket, is one (§ 31.03(e)(4)(B)). Stealing a firearm is another (§ 31.03(e)(4)(C)). A catalytic converter is a state jail felony when the replacement cost is under $30,000 (§ 31.03(e)(4)(G)), and aluminum, bronze, copper or brass worth under $20,000 is too (§ 31.03(e)(4)(F)).
Other facts bump the charge up one level from where the value puts it (§ 31.03(f)). That includes an owner who is 65 or older (§§ 31.01(10), 31.03(f)(3)(A); § 22.04(c)) and an owner that’s a 501(c)(3) nonprofit. A $500 theft from a 70-year-old is a Class A, not a Class B. Shoplifting has its own versions: using a booster bag or other shielding device, using a tag deactivation tool, disabling a theft detector, or setting off a fire exit alarm during the theft (§ 31.03(f)(5)). An $800 shoplifting case with a lined bag becomes a state jail felony. Every one of these has to be proven at trial, and every one of them is something we can negotiate.
Prior theft convictions
Under $100 with any prior theft conviction is a Class B, not a Class C (§ 31.03(e)(2)(B)). Under $2,500 with two or more prior theft convictions is a state jail felony (§ 31.03(e)(4)(D)). Those priors set the grade, so if the State can’t prove them or agrees to abandon them, the charge drops back to wherever the value puts it. Separately, a prior conviction of almost any kind can put a jail floor under a misdemeanor: 90 days on a Class A if the prior was a Class A or a felony, and 30 days on a Class B if the prior was a felony or any Class A or B misdemeanor (§ 12.43(a), (b)). That floor only applies if the enhancement is pled and proven, and abandoning it doesn’t change the class of the case.
What the State has to prove
Theft is taking property without the owner’s effective consent, with the intent to deprive the owner of it (§ 31.03(a), (b)(1)). If someone else stole it and you bought it or ended up holding it, the State usually has to prove you knew it was stolen (§ 31.03(b)(2)). Intent is where a lot of store cases are won. Forgetting the case of water under the cart isn’t theft, and a video shot from the ceiling doesn’t always show what the loss prevention officer says it shows.
How we fight a theft charge
The video. We get all of it, not the 40 seconds the store picked, and we move fast before it’s recorded over.
The value. Double-counted items and merchandise that never left the store both change the number, and the number changes the charge.
The statement. A “confession” signed in a back room before police arrived reads differently once you know how it was taken.
The way out. On a first offense, we push for a result that keeps it off your record, not a plea you’ll explain for life.
The civil demand letter from the store
A few weeks after a shoplifting stop, many people get a letter from a law firm for the retailer demanding a few hundred dollars. It’s based on the Texas Theft Liability Act, which lets a merchant sue for its actual damages plus up to $1,000 more (Civil Practice and Remedies Code § 134.005(a)(1)). The letter is a demand, not a court judgment. Paying it doesn’t dismiss the criminal case. Send it to us before you pay anything or write back, because whatever you write can be used against you.
First offense: getting it dismissed and off your record
If the prosecutor agrees to pretrial intervention and you complete it, the case is dismissed and you can have the arrest expunged, meaning the records are destroyed (Code of Criminal Procedure Art. 55A.053(a)(2)(C)). It isn’t offered on every case, and getting it offered is part of our job.
Deferred adjudication is different. It’s court-ordered community supervision, so it blocks an expunction on anything above a Class C (Art. 55A.051(3)). A misdemeanor theft deferred can still be sealed with an order of nondisclosure as soon as you’re discharged, if you meet the requirements (Gov’t Code §§ 411.072, 411.0725(e)(1), 411.074). Sealed isn’t erased, which is why we fight for the dismissal first. Short of a pardon, a conviction can’t be expunged. If you aren’t a U.S. citizen, talk to us before you plead to anything, because a theft plea can carry immigration consequences.
Theft results from our case files
- Dismissed in Harris County: client was stopped by loss prevention after not scanning $160 of items at self-checkout.
- Dismissed in Harris County: client was detained after concealing $100 in merchandise in a purse and walking past all registers, and admitted taking the items.
- Dismissed in Montgomery County: client was accused of a string of self-checkout thefts at the same store, aggregated to $1,300.
- Dismissed in Harris County: felony theft, client was accused of writing and cashing 19 company checks to herself totaling $8,168 from her employer’s account.
See more of our case results. Prior results do not guarantee a similar outcome.
Theft questions we hear
Will I go to jail for shoplifting in Houston?
Under $100 is fine only. A Class B carries up to 180 days and a Class A up to a year, so jail is possible. On a first offense, the real fight is keeping the case off your record, and that’s where we put our energy.
Can a theft charge be expunged in Texas?
Yes, if it’s dismissed after pretrial intervention or you’re acquitted at trial (Code of Criminal Procedure Arts. 55A.002, 55A.053). Some other dismissals qualify too, though some of them come with a waiting period. Not if it ends in a conviction.
What if I didn’t know the property was stolen?
Then the State has a problem. In a case built on buying stolen property, it usually has to prove you knew it was stolen, and buying something cheap off Facebook Marketplace doesn’t prove that by itself.
Related charges
See our pages on burglary and criminal mischief.
Charged with theft in Houston? Call Blass Law
Jay Blass Cohen founded Blass Law in 2009 and has never worked for the prosecution. We’ll get the video and the receipts, and we’ll tell you what the State can actually prove before we go after the outcome that protects your record. Call (713) 664-4000 or fill out the form on this page. If you were stopped this week, call now, while the store still has the video.