Charged With Theft or a Property Crime in Texas?
Protecting Your Record, Your Reputation, and Your Future.
Theft and property crime charges in Texas range from Class C misdemeanors to first-degree felonies depending on the value of property involved and the manner of the offense. Even a misdemeanor theft conviction creates a permanent criminal record that can cost you your job, your professional license, or your housing. Tyler Texas Criminal Defense Lawyer Carlo D'Angelo defends theft, robbery, burglary, fraud, and property crime cases across East Texas.
Theft and Property Crime Charges in Texas
Texas Penal Code Chapter 31 consolidates theft offenses into a single statute covering shoplifting, employee theft, fraud, swindling, and theft by check. The severity of the charge is determined primarily by the value of the property or services taken. Separate statutes address robbery (theft with force or threat), aggravated robbery (robbery with deadly weapon or causing serious injury), burglary (entry into habitation or building to commit felony or theft), and criminal mischief (destruction of property).
White-collar property crimes — including fraud, forgery, money laundering, and computer-based theft — are charged under a combination of state and federal statutes and can involve complex financial investigations by the FBI, IRS, or Texas Rangers.
Penalties by Offense Level
Theft by Value — Texas Penal Code § 31.03
• Under $100: Class C misdemeanor — fine only
• $100–$750: Class B misdemeanor — up to 180 days jail, $2,000 fine
• $750–$2,500: Class A misdemeanor — up to 1 year jail, $4,000 fine
• $2,500–$30,000: State jail felony — 180 days to 2 years
• $30,000–$150,000: Third-degree felony — 2 to 10 years
• $150,000–$300,000: Second-degree felony — 2 to 20 years
• $300,000+: First-degree felony — 5 to 99 years
Robbery (Tex. Penal Code § 29.02) — Second-Degree Felony
• 2 to 20 years in state prison
Aggravated Robbery (Tex. Penal Code § 29.03) — First-Degree Felony
• 5 to 99 years or life in state prison
Burglary of a Habitation (Tex. Penal Code § 30.02) — First or Second-Degree Felony
• Burglary with intent to commit felony: first-degree, 5–99 years
• Burglary with intent to commit theft: second-degree, 2–20 years.
How Carlo Defends Theft and Property Crime Cases
Challenging Intent
Theft requires proof of intent to deprive the owner of property. Misunderstandings, disputed ownership, intoxication, mental health issues, and lack of knowledge can all negate the intent element. Carlo builds intent defenses in every applicable case.
Challenging Identification and Surveillance Evidence
Many theft cases rely on surveillance footage, eyewitness identification, and circumstantial evidence. Carlo challenges the reliability of identifications, the quality and interpretation of surveillance footage, and the chain of custody for physical evidence.
Challenging Value Calculations in Fraud Cases
The value of property taken determines the severity of theft charges. In fraud and white-collar cases, the government's loss calculation is often contested territory. Carlo retains forensic accountants to challenge the government's methodology and reduce the offense level.
Negotiating Restitution-Based Resolutions
In many theft cases — particularly first offenses and white-collar matters — a resolution involving full restitution can lead to reduced charges, deferred adjudication, or dismissal. Carlo evaluates every theft case for the viability of a restitution-based resolution that protects his client's record.
Frequently Asked Questions
Q: Can a theft charge be expunged in Texas?
A theft conviction cannot be expunged. However, a dismissal — including through successful completion of deferred adjudication — may be eligible for an order of non-disclosure (sealing), depending on the offense level and circumstances. Carlo evaluates every theft case for post-disposition record relief.
Q: I was charged with shoplifting. Is that serious?
Even a Class B shoplifting conviction is a criminal record that appears on background checks. Employers, landlords, and professional licensing boards all see it. Two prior theft convictions, regardless of value, can enhance a subsequent theft charge by one level. Carlo handles shoplifting cases at every level because the consequences are real even when the dollar amount is small.
Q: What is the difference between robbery and theft in Texas?
Theft is the unlawful appropriation of property with intent to deprive. Robbery is theft combined with intentional or knowing force, threat of force, or placing someone in fear of imminent bodily injury. Robbery is a second-degree felony minimum — a dramatically more serious charge with much harsher penalties.
A Theft Conviction Follows You for Life. Fight It Now.
Carlo D'Angelo defends theft and property crime charges across East Texas — from misdemeanor shoplifting to complex white-collar fraud. Call for a free, confidential consultation.