A theft arrest on the island — at a Seawall shop, a big-box store off Broadway, or a hotel — can happen to anyone, and it carries a consequence most people do not expect: theft is a crime of moral turpitude that employers, licensing boards, and immigration officials treat as a mark on your honesty. Brian Foley and Luis Baez, both former prosecutors, explain Galveston theft cases in this video.
How theft is graded in Texas
Texas Penal Code § 31.03 grades theft by the value of the property:
- Under $100 — Class C misdemeanor (fine only)
- $100 – $750 — Class B misdemeanor (up to 180 days in jail)
- $750 – $2,500 — Class A misdemeanor (up to a year in jail)
- $2,500 – $30,000 — state jail felony
- $30,000 and up — third-degree felony or higher
A prior theft conviction can enhance even a small case, and theft from a person or of certain property (firearms, livestock, metals) is bumped up regardless of value.
The "civil demand" letter
Within days of a shoplifting arrest, most people receive a letter from a law firm representing the store demanding several hundred dollars under the Texas Theft Liability Act. Paying it does not make the criminal case go away, and ignoring it rarely results in a lawsuit. Talk to your defense attorney before you respond.
How Galveston theft cases are won
Every theft case requires proof that you intended to deprive the owner of the property. Forgetting an item at the bottom of a cart, a self-checkout error, a dispute over what was authorized, or a mistaken identification from grainy store video all create reasonable doubt. Galveston County also offers pretrial diversion for eligible first-time offenders — a path to a dismissal and an expunction that keeps the arrest off your record entirely.
As former prosecutors, Brian and Luis know how the Galveston County District Attorney's Office evaluates theft cases and what it takes to get one dismissed. Learn more on our Galveston theft attorney page, or call or text (713) 703-1718 for a free consultation.