Theft From a Person in Texas | Houston Theft Attorney

Theft from a person is a state jail felony in Texas regardless of the value taken — even a low-value item — because the property is taken directly from the victim's body or immediate grasp. That makes it far more serious than ordinary shoplifting, and it sits dangerously close to robbery, so exactly how the taking happened is critical.

If you or a loved one has been charged with theft in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors — can help.

What the Law Covers

Under Texas Penal Code § 31.03, theft is the unlawful appropriation of property with intent to deprive the owner of it. The offense level is usually set by value — but theft is a state jail felony, regardless of value, when the property is stolen directly from the person of another. If force, violence, or a threat is used, the case escalates to robbery.

Penalty Range

Circumstance	Offense Level	Punishment
Theft from a person (any value)	State Jail Felony	180 days – 2 years state jail; up to $10,000 fine
If force or threats were used	Robbery (Second-Degree Felony)	2 – 20 years prison; up to $10,000 fine

How These Cases Are Defended

It wasn't taken "from the person." If the item was not taken from the victim's body or immediate grasp, the case may be ordinary theft graded by value — often a misdemeanor.
No force (defeating a robbery upgrade). Where the State overreaches toward robbery, we show there was no force or threat.
Mistaken identity. Crowded settings and quick incidents produce unreliable identifications; we test them.
Lack of intent to deprive. Mistaken taking or a claim of right can negate intent.
Diversion, reduction, and dismissal. First-time offenders may qualify for outcomes that avoid a felony conviction and allow expunction.

Collateral Consequences

A theft conviction is a "crime of moral turpitude" that can damage employment, professional licensing, immigration status, and courtroom credibility for life — and a felony multiplies those effects. Keeping the case off your record is the central goal.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors. If you or a loved one has been charged with theft from a person 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 theft from a person in Texas?

Theft from a person is a theft in which property is unlawfully taken directly from another person's body or their immediate grasp or control — for example, pickpocketing or snatching a phone from someone's hand. Under Texas Penal Code § 31.03, it is a state jail felony regardless of the value of the item taken, because of the way it is taken.

Why is theft from a person a felony even for a cheap item?

The Texas theft statute normally sets the offense level by the value of the property, but theft from a person is an exception: it is a state jail felony no matter the value. The legislature treats taking property directly from someone's body or grasp as inherently more serious than ordinary shoplifting.

What is the punishment for theft from a person?

It is a state jail felony, punishable by 180 days to 2 years in a state jail facility and a fine up to $10,000. If force or threats were used, the charge may instead be robbery, which is far more serious, so how the taking occurred matters enormously.

What is the difference between theft from a person and robbery?

Theft from a person involves taking property without using force or fear — like a stealthy pickpocket. Robbery requires the use of force, violence, or the threat of it. A snatch-and-grab that involves a struggle or intimidation can be charged as robbery, a second-degree felony, so distinguishing the two is a key part of the defense.

Can theft from a person be reduced or dismissed?

Yes. Because it is a state jail felony, first-time offenders may qualify for diversion or a reduction to a misdemeanor, and a dismissed case can be expunged. We also challenge identity, intent, whether the item was actually taken from the person's grasp, and any unlawful search.