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Theft charges are some of the most challenging types of cases to defend. People are worried about going to jail and having a permanent criminal record. Your career and ability to get a job can be severely impacted by a theft conviction. Brian Foley and Luis Baez have worked on thousands of theft and shoplifting charges and will fight the government to protect your record. Here's what you need to know about theft charges immediately:

  1. Theft charges enhance to higher punishment ranges. This means that if you get one conviction for theft, then future convictions can result in up to 2 years in a State Jail Facility.
  2. If your case is dismissed and expunged, then you can report to new employers that you have never been convicted or arrested for that offense.

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Theft

Most arrests related to theft charges involve amounts ranging from $100 to $750, categorizing them as Class B offenses, which can result in a maximum sentence of 180 days in jail and a fine of up to $2,000. These offenses commonly involve shoplifting, achieved through methods such as concealing items on oneself or bypassing the scanning process, often by paying a partial amount via a self-checkout line. Theft is defined as the unlawful appropriation of property with the intent to deprive the owner of their property. "Appropriate" in this context refers to acquiring or exercising control over the property, while "deprive" signifies withholding property from the owner either permanently or for an extended period, causing a significant loss of value or enjoyment. The term "owner" pertains to a person with a superior right to possession of the property compared to the individual facing theft charges. We provide complimentary consultations, so don't hesitate — call us now!

Shoplifting

Texas lacks a specific law dedicated to shoplifting; instead, all shoplifting charges in the state are addressed under the Theft Statute within Chapter 31 of the Texas Penal Code. Video evidence, often obtained from security cameras within stores, frequently plays a crucial role in shoplifting cases. Even if your case has been captured on video, there may still be avenues for securing a dismissal. Texas law grants significant discretion to the prosecution, allowing them to decide whether to pursue or dismiss charges, irrespective of the strength of the evidence. At Houston Criminal Defense Attorneys PLLC, we possess the expertise to achieve favorable outcomes for our clients in navigating these legal complexities.

Theft Punishment Ranges

Texas theft punishment ranges chart

Galveston County Resources

Did You Know This About Theft?

Prosecutor Discretion: As former prosecutors themselves, Luis Baez and Brian Foley understand how to make the District Attorney's Office see the circumstances which led to a theft charge against an otherwise law-abiding citizen.

Frequently Asked Questions


Where is a Galveston theft case prosecuted?
A theft arrest in Galveston County is handled in the Galveston County courts under the same Texas theft statute (Penal Code Chapter 31) that applies statewide. The value ladder and penalties are identical to Houston's, but the local courts, prosecutors, and diversion options differ — which is why local experience helps.
How is a theft charge graded in Galveston?
By value, exactly as elsewhere in Texas: under $100 is a Class C misdemeanor, $100–$750 a Class B, $750–$2,500 a Class A, $2,500–$30,000 a state jail felony, and up from there to a first-degree felony at $300,000 or more. Some thefts — like theft from a person or of a firearm — are felonies regardless of value.
Can a Galveston shoplifting or theft charge be dismissed?
Yes. Prosecutors have wide discretion to dismiss or reduce theft cases even when there is store video, and first-time offenders often qualify for diversion that ends in dismissal and expunction. As former prosecutors, we know how to pursue these outcomes in the Galveston courts.
Why is fighting a theft charge important for my record?
Theft is a crime of moral turpitude — a crime of dishonesty — that can seriously damage employment, professional licenses, and immigration status, and a conviction can enhance a future theft to a felony. Keeping the charge off your record through dismissal and expunction is usually the central goal.
Do I need a Galveston-based lawyer for a theft charge there?
You need a lawyer who knows the Galveston County courts and prosecutors. We regularly defend theft cases across the Houston–Galveston area and handle Galveston matters directly, combining Board Certified criminal-defense experience with knowledge of the local system.

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