Mail Theft in Texas | Houston Mail Theft Attorney

Mail theft in Texas is a felony graded by the number of victims — not by dollar value. Taking the mail of fewer than 10 people is a state jail felony; 30 or more makes it a second-degree felony. It can also be prosecuted federally, sometimes in addition to state charges. Because the offense level depends on the victim count and often rests on surveillance footage, both the grading and the identification are open to challenge.

If you or a loved one has been charged in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors who handle state and federal cases — can help.

What the Law Covers

Under Texas Penal Code § 31.20, a person commits mail theft by intentionally appropriating mail from another person's mailbox or premises without consent and with intent to deprive the owner of the mail. "Mail" is defined broadly to include letters, postcards, packages, checks, and payment cards. The number of addressees whose mail is appropriated sets the offense level.

Penalty Range

Number of addressees	Offense Level	Punishment
Fewer than 10	State Jail Felony	180 days – 2 years state jail; up to $10,000 fine
10 to fewer than 30	Third-Degree Felony	2 – 10 years prison; up to $10,000 fine
30 or more	Second-Degree Felony	2 – 20 years prison; up to $10,000 fine
Victim is elderly or disabled	Increased one level	Next higher category applies

Mail theft can also be a federal case

Federal law separately criminalizes mail theft, and cases can be brought in state court, federal court, or both. If your case has federal exposure, you need counsel experienced in both systems.

How These Cases Are Defended

Mistake / lack of intent. Retrieving mail you reasonably believed was yours or intended for you negates the intent to deprive.
Mistaken identity. Mail-theft cases frequently rest on doorbell or surveillance video; we test the identification hard.
Challenging the addressee count. Because the number of victims sets the offense level, reducing that count can lower the felony grade.
Illegal search and seizure. Evidence from an unlawful stop or search can be suppressed.
Diversion and dismissal. First-time offenders may qualify for outcomes that avoid a conviction, followed by expunction.

Collateral Consequences

A mail-theft conviction is a felony crime of dishonesty with lasting consequences for employment, licensing, firearm rights, and immigration status, plus the risk of parallel federal prosecution. An experienced, cross-system defense is essential.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors who handle state and federal matters. If you or a loved one has been charged with mail theft in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.

Frequently Asked Questions

What is mail theft in Texas?

Under Texas Penal Code § 31.20, mail theft is intentionally appropriating the mail of another person from a mailbox, post office, or similar receptacle without consent and with intent to deprive the owner of it. 'Mail' includes letters, packages, checks, and payment cards. Texas created this offense in addition to the long-standing federal mail-theft laws.

How is mail theft graded in Texas?

By the number of people whose mail was taken: fewer than 10 addressees is a state jail felony; 10 to fewer than 30 addressees is a third-degree felony; and 30 or more addressees is a second-degree felony. If the mail belonged to an elderly or disabled person, the offense is increased to the next higher category.

Can mail theft be charged as a federal crime?

Yes. Mail theft is also a federal offense under Title 18 of the U.S. Code, prosecuted in federal court, and cases can be pursued by state authorities, federal authorities, or both. Because federal exposure is serious, it is important to have an attorney who handles both state and federal criminal defense.

What if I didn't know the mail wasn't mine?

Intent is essential. Mail theft requires intent to deprive the owner of the mail; a genuine mistake — for example, retrieving mail you reasonably believed was yours or was left for you — negates that intent. These cases also frequently rest on grainy surveillance video and questionable identifications.

Can a mail theft charge be dismissed or reduced?

Yes. We challenge identity, intent, the number of addressees (which sets the offense level), and any unlawful search. First-time offenders may qualify for diversion that ends in dismissal and expunction. Reducing the number of alleged victims can lower the offense level significantly.