Theft Crimes Defense Lawyer

What Is Theft Under Texas Law?

First it is important to understand the law, what it means, and how its translated. Small nuances in the law can have a big impact on the outcome of your case.

Theft is defined in Texas Penal Code §31.03. Theft occurs when someone unlawfully appropriates property with an intent to deprive the owner of the property.

Theft is a very broad term, which covers a wide range of offenses from shoplifting to complex financial fraud. Depending on the facts surrounding your case, you are facing state level misdemeanor or felony charges, or a federal offense.

Types of Theft Charges

All of the penalties associated with these crimes are based on dollar value of the item(s) stolen, and if there are any aggravating circumstances. Below, we outline the most common types of theft crimes.

• Shoplifting: Stealing an item without paying.
• Felony Theft: Theft involving property over $2,500 or with prior convictions.
• Robbery: Theft involving force or threat. A violent felony with steep penalties.
• Burglary: Entering a building without consent to commit theft or another felony.
• Employee Theft: Stealing from an employer—often charged more aggressively.
• White Collar Theft: Includes embezzlement, credit card abuse, and fraud—can trigger state or federal charges.

Texas Theft Penalties by Property Value

You can find your classification, fines, and potential jail time below based on your case details.

It is important to hire a skilled and experienced theft crimes attorey when dealing with these types of chages. For example, an attorney can argue the fair value of an item is lower than what the state claims it to be. This can turn a felony into a misdemeanor if the situation presents itself.

• Under $100: Class C Misdemeanor – fine up to $500
• $100–$750: Class B Misdemeanor – up to 180 days in jail
• $750–$2,500: Class A Misdemeanor – up to 1 year in jail
• $2,500–$30,000: State Jail Felony – 180 days to 2 years in prison
• $30,000–$150,000: Third-Degree Felony – 2 to 10 years in prison
• $150,000–$300,000: Second-Degree Felony – 2 to 20 years in prison
• Over $300,000: First-Degree Felony – 5 to 99 years or life in prison

State vs. Federal Theft Charges

State charges are filed by Texas prosecutors and typically involve local incidents of theft, burglary, or fraud.

Federal charges apply when the theft crime was due to interstate commerce, had federal agencies invovled, or large-scale schemes involving organized crime. These types of cases are prosecuted by U.S. Attorneys and carry federal sentencing guidelines.

What Happens After Being Arrested For Theft

• Arrest and Booking: You’ll be taken into custody, photographed, and fingerprinted.
• Initial Appearance: A magistrate sets bail and informs you of the charges.
• Bond/Bail: You may be released on bond or remain in custody pending trial.
• Investigation and Discovery: Your attorney gathers evidence, reviews police reports, and prepares your defense.
• Plea Negotiations: Many cases can be resolved without trial through plea deals or diversion programs.
• Trial (if needed): If no resolution is reached, your case proceeds to trial where the prosecution must prove guilt beyond a reasonable doubt.
• Final Disposition: Can include dismissal, not guilty verdict, probation, or sentencing if convicted.
• Expunction/Nondisclosure (if eligible): Certain cases may be sealed or erased from your record after resolution.

Possible Defenses to Theft Charges

Depending on your choice of attorney, there are many types of defenses available to you. Here are a the most common staratagies we are able to use for most clients facing theft charges.

• No intent to steal (accidental taking or there was a misunderstanding)
• Owner consent or permission to use property
• Mistaken identity or false accusation
• Unlawful police search or arrest (Fourth Amendment violations)
• Lack of evidence or inconsistent witness testimony

How Christopher Castro Fights for You

Christopher Castro is an experienced San Antonio theft defense attorney who takes an aggressive approach to protecting your record and your freedom. He will:

• Investigate the case and expose weak evidence
• Negotiate with prosecutors for reduced charges or dismissal
• Fight for diversion programs when possible
• Take your case to trial when necessary
• Help you pursue record sealing or expunction if eligible

Areas We Serve

Castro defends clients charged with theft across San Antonio, TX, including surrounding counties and cities below. No matter where your case is filed, he brings strategic experience and personal dedication to your defense.

• New Braunfels – biggest on this list. 
• Schertz / part of multiple counties. Look into this on the map. 
• Seguin – 
• Boerne –
• Kerrville  –
• Cibolo –
• Converse  –
• Universal City  –
• Live Oak  –
• Helotes  –
• Alamo Heights  –
• Castroville
• Floresville

Contact Us Today

The sooner you speak to a defense lawyer, the better your chances of protecting your future. If you’ve been arrested or are under investigation for any type of theft in Texas, contact Christopher Castro for a confidential consultation. He will listen, advise, and fight to secure the best outcome possible.