Houston Misdemeanor Theft Lawyer

Misdemeanor theft charges in Texas are serious legal matters. Even a misdemeanor theft offense is considered a crime of moral turpitude and a conviction will have consequences on your professional and personal life.

In addition to fines and possible jail time, you will have a permanent criminal record so a misdemeanor theft conviction will show up on background checks. This can have negative consequences on your current and future employment, credit, ability to get federal loans and qualify for housing.

A misdemeanor theft charge cannot be taken lightly. If you are facing theft charges, you need an experienced Houston theft lawyer on your side. Working with the right attorney early on in the criminal process will give you the best chance of avoiding a conviction.

Defining Misdemeanor Theft Charges in Texas

In Texas, a person commits theft if he or she unlawfully appropriates property with intent to deprive the rightful owner of his or her property. Texas Penal Code Section 31.02 consolidates shoplifting, identity theft, embezzlement, extortion, forgery, fraud, robbery and burglary under one single category of theft.

Theft can take a variety of forms, but one core aspect of all theft offenses is that property is taken without the owner’s consent. Texas classifies theft offenses based on the value of the stolen property and there are three classes of misdemeanor theft. In certain circumstances, the type of stolen property will dictate the punishment level.

Penalties for a Misdemeanor Theft Conviction

The Texas Legislature recently adjusted the values correlating to the punishment level for theft offenses. The changes went into effect as of September 1, 2015. The penalties can be found in Texas Penal Code Section 31.03.

• Class C Misdemeanor: The value of the stolen property is less than $100. This carries a punishment of up to a $500 fine.
• Class B Misdemeanor: The value of the stolen property is more than $100 but less than $750. If the stolen property is a driver’s license, commercial driver’s license, or personal identification certificate issued by a state, it is a Class B misdemeanor. This carries a punishment of no more than 180 days in county jail and/or a fine of up to $2,000.
• Class A Misdemeanor: The value of the stolen property is more than $750 but less than $2,500. This carries a punishment of no more than one year in county jail and/or a fine of up to $4,000.

Prior theft convictions can result in enhanced penalties. If the value of the stolen property is less than $100, you can be charged with a Class B misdemeanor instead of a Class C misdemeanor, if you have been previously convicted of any theft offense. If the value of the stolen property is less than $2,500, you can be charged with a state jail felony instead of a Class A or Class B misdemeanor, if you have been previously convicted of any theft offense two or more times.

If convicted of a misdemeanor theft offense, you may lose your job or ability to obtain student loans as it is considered a crime of moral turpitude. Crimes of moral turpitude are defined as those that involve dishonesty, fraud, deceit, misrepresentation or deliberate violence. Having a theft offense on your record may also prevent you from obtaining professional licensing or make it difficult for you to obtain employment.

A victim of theft has the right to bring a civil lawsuit for damages under the Texas Theft Liability Act. If you are convicted of shoplifting, you could be ordered to pay for the value of the stolen property and up to $1,000 in damages in addition to the criminal penalties you will face. These lawsuits are most common in shoplifting cases.

Shoplifting Charges in Houston

Most misdemeanor theft cases in Harris County start inside a store. A loss prevention officer watches on camera or on the floor, stops you at or past the registers, takes you to a back office, and calls police. You may be asked to sign a statement or a trespass warning before an officer ever arrives. You are not required to sign anything or answer questions, and what you say in that back room often becomes the State’s best evidence.

Soon after, many people receive a civil demand letter from the retailer or a law firm working for it, asking for payment under the Texas Theft Liability Act. The letter is separate from the criminal case. Paying it does not make the charge go away, and ignoring it does not add to the charge. Talk to your lawyer before you respond to one, because how you handle the letter can affect the criminal case.

The value of what was allegedly taken sets the level of the charge, as described above. If the value is higher, or you have prior theft convictions, the State can file felony theft charges instead, so the exact dollar figure the store claims is worth fighting over.

How a Theft Conviction Affects Jobs and Background Checks

Theft is a crime of moral turpitude, which is why employers treat it differently from a traffic ticket or even some more serious charges. A theft arrest shows up on background checks, and employers in Texas can generally see several years back. Jobs that involve handling money, working in people’s homes, or holding a professional license are the hardest to get or keep with a theft record.

Even an arrest that never becomes a conviction can appear until it is cleared. Ned Barnett covers what you have to disclose, what employers are allowed to ask, and when a record can be expunged in his guide to theft arrests and job applications in Texas.

What to Do After a Misdemeanor Theft Arrest

• Do not contact the store. Do not go back, do not call to apologize, and do not try to pay for the item in person. Contact can be treated as a violation of a trespass warning and will be reported to the prosecutor.
• Keep receipts, bank records, and screenshots. Proof that you paid for other items, that a card was declined, or that you had money in your account can support a defense of mistake rather than intent.
• Go to every court date. Most shoplifting cases are misdemeanor charges, which move quickly, and missing a setting leads to a warrant and a second problem on top of the first.
• Call a lawyer before the first setting. The first court date in a misdemeanor case is often where the prosecutor makes an initial offer. Having a lawyer there, with the store’s evidence already requested, puts you in a far better position than showing up alone. Call (713) 222-6767 before that date.

Misdemeanor Theft FAQs

Will I go to jail for shoplifting?

For a first offense involving low-value property, jail is unlikely but not impossible. The penalty ranges above apply, and the Class B and Class A levels do allow jail time. In practice, most first-time shoplifting cases in Harris County are resolved with a fine, probation, a diversion program, or a dismissal, and prior theft convictions are what change that quickly. Your lawyer’s goal is to keep you out of jail and, where possible, off the record entirely.

Can a theft charge be dismissed?

Yes. Theft cases are dismissed when the store’s evidence does not show intent, when the value is disputed, when the stop or search was improper, or when the prosecutor agrees to a program that ends in dismissal. Ned Barnett explains how this happens in his guide to getting charges dismissed in Houston. Nothing is guaranteed, but theft cases have more off-ramps than most people expect.

Will a theft charge stay on my record?

A conviction generally stays on your record, and a theft conviction is especially damaging because it is a crime of moral turpitude. An arrest or a dismissed case can sometimes be removed through an expunction or an order of nondisclosure, but eligibility depends on how the case ended and on your history, so no one can promise that in advance. The way to protect your record is to handle the case correctly from the start.

Do I need a lawyer for a first theft charge?

Yes. A first theft charge is the one most worth fighting, because a clean outcome keeps your record clean and because first-time offenders have the most options. The store’s video, the loss prevention report, and the value claimed all need to be examined, and the prosecutor’s first offer is rarely the best one. Call (713) 222-6767 for a free consultation before your first court date.

Contact a Houston Misdemeanor Theft Lawyer

If you have been accused of theft and are facing criminal charges, you should contact Houston misdemeanor theft lawyer Ned Barnett immediately to discuss your legal options. Barnett is a proven criminal defense lawyer with over 25 years of experience defending clients against theft charges. As a former state and federal prosecutor, he has extensive court experience and unique insight into the prosecutor’s perspective. This gives him an edge in negotiating with prosecutors and building effective defense strategies.

Barnett is board certified in criminal law by the Texas Board of Legal Specialization and is well respected within the legal profession. He is recognized as a leader in his field and has been invited to speak to other attorneys about criminal defense law.

Barnett understands how devastating misdemeanor theft charges in Texas can be for the person accused and he will do everything possible to protect your reputation and future. He fights to obtain the best possible result for his clients so that they can move on with their lives and leave the stress of a criminal charge behind them.

The Law Offices of Ned Barnett are dedicated to providing personal, one-on-one communication. If you or a loved one are facing theft charges, contact The Law Offices of Ned Barnett at (713) 222-6767 today to schedule a consultation about your case with an experienced Houston criminal defense lawyer.