Houston Felony Theft Lawyer

Felony theft charges in Texas can take a variety of forms and refer to many different crimes. In Texas, felony theft is a serious crime that will be prosecuted to the fullest extent of the law.

The consequences of being convicted of felony theft are far reaching. Not only are you facing serious jail time, fines, and a permanent criminal record, theft is considered a crime of moral turpitude. Employers may be hesitant to hire you and the social stigma can last indefinitely.

If you have been accused or charged with felony theft, it is essential that you enlist the help of an experienced Houston theft lawyer right away. Having a qualified and skilled defense attorney by your side will improve your chances of avoiding a conviction and is the most important decision you can make to protect your future.

Defining Felony Theft Charges in Texas

Theft is a term that refers to a wide variety of crimes such as shoplifting, fraud, embezzlement, identity theft, or burglary. In Texas, most theft crimes have been consolidated into one single theft offense, which can be found in section 31.03 of the Penal Code. Theft is defined as the unlawful appropriation of property with intent to deprive the rightful owner of that property.

Appropriation of property is unlawful if:

(1) it is without the owner’s effective consent;
(2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or
(3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another.

Penalties for a Felony Theft Conviction

Section 31.03(e) outlines the range of punishment for theft offenses. For the most part, the value of the stolen property dictates the punishment level. In some cases, the punishment will depend on the type of property stolen. The Texas Legislature adjusted the values correlating to the punishment level for theft offenses. Those amendments went into effect as of September 1, 2015.

• State Jail Felony Theft: The value of the stolen property is more than $2,500 but less than $30,000. It is also punishable as a state jail felony if the property stolen is a firearm, if the accused has previously been convicted two or more times of any theft offense, or the value of the property stolen is less than $20,000 and is aluminum, bronze, copper or brass. A state jail felony carries a punishment of 180 days to 2 years in a state jail and/or a fine of up to $10,000.
• Third-Degree Felony Theft: The value of the stolen property is more than $30,000 but less than $150,000. A third-degree felony carries a punishment of 2 to 10 years in prison and/or a fine of up to $10,000.
• Second-Degree Felony Theft: The value of the stolen property is more than $150,000 but less than $300,000. It is also punishable as a second-degree felony if the value of the property is less than $300,000 and the property stolen is an ATM machine or the contents of an ATM machine. A second-degree felony carries a punishment of 2 to 20 years in prison and/or a fine of up to $10,000.
• First-Degree Felony Theft: The value of the stolen property is $300,000 or more. A first-degree felony carries a punishment of 5 to 99 years or life in prison and/or a fine of up to $10,000.

Penalties may also be enhanced to the next grade level under certain conditions. For example, if the accused is a public servant and the stolen property came into his or her possession by virtue of his or her job or if property was stolen from an elderly individual or nonprofit organization.

In addition to the penalties previously mentioned, you will also have a permanent criminal record if convicted. Theft is considered a crime of moral turpitude, which means that you could lose your job or professional licenses. You may also face a lawsuit under the Texas Theft Liability Act for actual damages related to the theft. This most often occurs in shoplifting cases.

Common Felony Theft Cases We Defend

Felony theft is not one kind of case. These are the situations Ned Barnett sees most often in Harris County:

Employee Theft and Embezzlement

When money or property goes missing from a business, the employer usually investigates first, often for weeks, before anyone calls police. Bookkeepers, managers, cashiers, and anyone with access to accounts or inventory are the usual targets. These cases turn on financial records, and because the alleged amounts add up over time, they are often charged at a higher level than any single incident would be. Theft by a public servant or from certain victims can be enhanced further, as described above.

Vehicle Theft

Taking a car, truck, or motorcycle, or being found in one that was reported stolen, is charged as theft based on the vehicle’s value, which almost always puts it in felony territory. Many of these cases involve a borrowed vehicle that was not returned, a disputed sale, or a passenger who did not know the car was stolen, and intent is the whole fight.

Theft by Check

Writing a check on a closed account, stopping payment after receiving goods, or passing a check you knew would not clear can be charged as theft when the State can show you never intended to pay. Businesses often pursue these cases after a civil demand goes unanswered. Theft by check is a close cousin of credit card fraud and forgery, and the same financial records prosecutors rely on are frequently the defense’s best evidence too.

Organized Retail Theft

Texas has a separate offense for organized retail theft, which covers taking merchandise with the intent to resell it or working with others to steal from retailers. Loss prevention teams and police task forces build these cases from surveillance video, resale listings, and store data gathered across multiple incidents, and the combined value can push a series of small takings into a serious felony. Being swept into one of these investigations because of who you were with is common, and the evidence against each person has to be looked at separately.

What to Do If You Are Accused of Felony Theft

• Do not talk to your employer’s investigator or the police without a lawyer. Workplace interviews feel informal, and people often try to explain or cooperate their way out of trouble. Those statements are handed to prosecutors. You can decline to be interviewed, and you should.
• Do not repay money or sign anything first. Employers and retailers often present a repayment agreement, a written confession, or a resignation letter and suggest that signing will keep police out of it. A signed admission is the State’s case made for them, and repayment can be read as an admission too. Let your lawyer handle any discussion of restitution.
• Keep your financial records. Bank statements, pay stubs, receipts, and emails about how money was handled can show that transactions were authorized, that the accounting was sloppy rather than criminal, or that the amounts are wrong. Preserve everything, including messages on your phone.
• Call a felony theft lawyer early. Felony cases go to a grand jury before indictment, and a lawyer who is involved early can sometimes present information to the prosecutor before charges are locked in. The same early work is what makes a reduction to misdemeanor theft realistic later. Call (713) 222-6767.

Felony Theft FAQs

Can a felony theft charge be reduced to a misdemeanor?

Sometimes. The level of a theft charge depends mostly on the value of the property, as described above, so when the State’s valuation is inflated, when some of the property was returned or never taken, or when the evidence of intent is weak, a prosecutor may agree to reduce the charge to misdemeanor theft or to a lesser offense. Restitution is sometimes part of that negotiation. No lawyer can promise a reduction, but it is a common outcome when the defense starts early.

Will I go to prison for felony theft?

Not necessarily: the penalty ranges listed above apply, and like all felony charges in Texas the range is wide. For a first offense at the lower felony levels, probation, deferred adjudication, or a reduction to a misdemeanor are realistic outcomes, and restitution can matter even in higher-level cases. Prior convictions and the amount involved matter a great deal. Call (713) 222-6767 to discuss what is realistic in your situation.

Does paying the money back make the charge go away?

No. Restitution can help your case and is often part of a negotiated outcome, but the charge belongs to the State, not to the person or business that lost the money, and paying it back does not require a prosecutor to dismiss. Paying before you have a lawyer can also be treated as an admission. Talk to your lawyer before you repay anything or respond to a demand letter.

How will a felony theft conviction affect my job?

Theft is a crime of moral turpitude, so a conviction follows you into every background check and is especially damaging for jobs that involve money, inventory, or a professional license. A felony conviction also affects your right to vote while you are under sentence, your right to own a firearm, and your immigration status if you are not a citizen. Ned Barnett explains the full picture in his guide to how a felony conviction affects your life in Texas.

Speak with an Experienced Houston Felony Theft Lawyer

If you are facing felony theft charges, contact the Law Offices of Ned Barnett immediately to learn your options for a defense. Ned Barnett has over 20 years of experience defending clients against felony theft charges and knows how to challenge the prosecutor’s case against you. He is a board certified criminal lawyer with extensive trial experience that includes trying criminal cases as a state and federal prosecutor in the Houston area. He draws on his training and thorough knowledge of criminal defense law to help his clients achieve the best possible result.

Barnett opened his law practice in 1994 and the personal and professional contacts he has developed throughout the Houston area are invaluable to his clients. He is well respected in the legal community and has an excellent reputation for always providing a compelling defense. Barnett is dedicated to providing sophisticated legal advocacy and will go above and beyond to protect your rights.

To schedule a consultation, contact the Law Offices of Ned Barnett today at (713) 222-6767.