Austin TX Theft Crimes Lawyer - Michael & Associates, Attorneys at Law

Being accused of theft is an embarrassing and stressful ordeal, particularly if caught in a public place. But a potentially humiliating arrest is just the tip of the iceberg. Depending on the value of the items in question, charges can range anywhere from a first-degree felony to a Class C misdemeanor. A conviction could involve jail or prison time.

However, a conviction isn’t a foregone conclusion. Contact Michael & Associates today if you’ve been arrested for or charged with theft, shoplifting, or a related crime in the Austin area or surrounding counties. Austin team has decades of experience helping clients just like you, including those facing charges of:

Shoplifting
Burglary
Robbery
Selling stolen goods
Auto theft

Michael & Associates: Your Austin Theft Defense Lawyer

Why choose us?

400+ years of combined experience
An experienced team of former prosecutors, judges, and an FBI Agent
A 100% success rate in Austin theft cases in 2025, as measured by our client satisfaction surveys
We’re available 24/7 – We work nights and weekends
More than 275 five-star Google reviews for our Austin office
We provide a free and confidential consultation

Not in Austin? We defend clients across Travis County and the surrounding areas, including Williamson, Hays, Bastrop, Bell, Blanco, Burleson, Burnet, Caldwell, Coryell, Lampasas, Llano, McLennan, and Milam counties.

Penalties for Theft Charges in Austin

Chapter 31 of the Texas Penal Code describes theft as illegally taking the belongings of another.

Whether you’re charged with shoplifting, robbery, or theft, the crime’s classification will depend on the value of the items stolen, whether you’re a first-time offender, and, occasionally, the stolen item.

The penalty is most commonly determined by the value of the item that was stolen:

Amount	Classification	Penalty
Less than $100	Class C misdemeanor	Up to a $500 fine
$100 to $750	Class B misdemeanor	Up to 180 days in county jail; fine of up to $2,000
$750 to $2,500	Class A misdemeanor	Up to a year in county jail; Fine of up to $4,000
$2,500 to $30,000	State jail felony	Between six months to two years in state jail; Fine of up to $10,000
$30,000 to $150,000	Third-degree felony	Between two to ten years in prison; Fine of up to $10,000
$150,000 to $300,000	Second-degree felony	Between two and 20 years in prison; Fine of up to $10,000
$300,000 or more	First-degree felony	Between five to 99 years in prison; Fine of up to $10,000

Source: Texas Penal Code, Chapter 31

Penalties are upgraded if the stolen item is:

Livestock
A firearm
Aluminum, copper, brass, or bronze
An ATM or its contents

Penalties are also upgraded if the victim was a nonprofit organization, an elderly person, a government contractor, a public servant, or a Medicare provider, or if during the theft the accused tampers with safety systems, including:

Sets off a fire alarm
Deactivates a fire alarm
Deactivates a theft-prevention device
Uses a shielding device to avoid anti-theft devices

Most Common Property Crimes in Texas

While theft typically involves taking someone else’s belongings, you don’t have to physically take someone else’s items to be charged with theft. Sometimes just the intent to take something will land you in jail. At Michael & Associates, we handle all types of theft allegations.

Shoplifting/Theft (Texas Penal Code Chapter 31)

The most common theft-related crime in Austin is larceny-theft, which includes offenses such as shoplifting, pickpocketing, and the theft of personal property without the use of force. Almost 27,000 people were arrested and charged with larceny-theft in Travis County alone, according to a report from the Texas Department of Public Safety Uniform Crime Division,

Much of this increase is attributed to higher shoplifting rates. A report from the Council on Criminal Justice found that the shoplifting rate in the U.S. during the first half of 2024 was 23% higher than during the same period in 2023.

Motor Vehicle Theft (§31.03)

Following larceny-theft, motor vehicle theft is also a significant concern in the Austin area. In 2024, more than 7,000 people faced these charges in Travis County. Because vehicles are expensive, the penalties for auto theft can be severe.

Robbery (§ 29.02)

Robbery may sound a lot like theft, but there are some key differences. Someone can be charged with robbery if – during the course of a theft – they intentionally, knowingly, or recklessly injure another person, or threaten another person with imminent bodily harm. While robbery rates were down in Travis County in 2024, 955 people were arrested and charged.

Burglary (§ 30.02)

In 2024, 5,423 people in Travis County were charged with burglary, which is different from robbery. Burglary means unlawfully entering a building with the intent to commit theft, assault, or another felony. This includes hiding in a building after lawful entry or committing a felony once inside. All burglaries are felonies, but penalties are more severe if the burglary involves a habitation.

Burglary of a Vehicle (§ 30.04)

Entering a vehicle intending to commit theft—even partially, like reaching through a window—is burglary. This is typically a misdemeanor, but it is automatically upgraded to a felony if it’s a third offense.

Strategic Defense for Theft and Shoplifting Charges in Austin, TX

When you hire Michael & Associates, you aren’t just getting one attorney; you’re getting the full force of our entire team. This means countless former prosecutors, one ex-judge, and even an ex-FBI agent. We meet each day to discuss cases, and we return all calls on the same business day.

We get to work by first thoroughly examining the circumstances surrounding your case, then we gather evidence and customize a defense that aggressively challenges the prosecution’s evidence:

Here are some common strategies:

Lack of intent: We can work to establish that you didn’t intend to take the property in question.
Mistake of fact: We can argue that you mistakenly believed that the property was yours. This requires establishing that your belief of ownership was reasonable.
Coerced confession: If a store manager or security officer encourages you or offers an incentive to confess to taking an item you didn’t take, we will challenge their testimony.
Consent: If the property owner gave you permission to use or take the item, we can build a defense around this.
Duress: We can work to establish that you were pressured to commit the offense (for example, if you felt your safety was in jeopardy).
Insufficient evidence: If the prosecution offers questionable evidence or unreliable witness testimony, we can use this to our advantage.
Entrapment: If you can show that cops or security officers were encouraging you to commit the crime, we can establish entrapment.
Age: If a minor is involved, there may be different legal options that are less punitive and aimed at rehabilitation.We will explore those options.

We will zealously fight to get you the best possible outcome for your case. A one-time mistake shouldn’t derail the rest of your life, particularly if that mistake stems from a misunderstanding.

Fighting Theft Charges in Travis County? We Can Help

If you’re facing any theft charges in the Austin area, we’re here to help. We have a near 100% success rate when resolving theft cases.

We recognize that the police reports don’t always contain the whole story, and we ensure that your voice is heard. We will meticulously review all police and witness reports, looking for inconsistencies and opportunities. After all, your future and your rights are at stake.

More Commonly Asked Question about Theft Charges in Austin

How Will a Theft Conviction Affect My Future?

Even a minor theft conviction will carry lifelong consequences. If you’re facing charges, you must work with an experienced theft attorney who will work to get the case against you dismissed, reduced, or sealed.

Lifelong criminal record: The theft conviction will appear on background checks for jobs, housing, college applications, and even loan applications.

Employment: Theft is considered a “crime of moral turpitude,” which implies fraud or dishonesty. It may prevent you from getting jobs that require security clearance or handling cash. You may also be ineligible for some professional licenses (law, real estate, medical, nursing, etc).

Education: Your financial aid and scholarships are in jeopardy. Also, a university could discipline you, and some schools may deny admission.

Immigration consequences: A theft conviction could result in deportation, loss of green card eligibility, or denial of citizenship or re-entry.

Repeat offender penalties: Any future charge will likely be enhanced, even for low-dollar items.

Is It Possible to Get a Theft Charge Expunged?

Expunctions are possible, but options to get a theft charge expunged are extremely limited.

You may be eligible for expunction if:

You were acquitted (found not guilty) at trial.
Charges were dismissed, and you were not convicted or placed on community supervision (probation) for the offense.
You completed a pretrial diversion program, such as a Retail Theft Intervention Program, resulting in dismissal of charges.
You successfully finished deferred adjudication for a Class C misdemeanor theft charge.

If you’re ineligible for expunction, you might qualify for an Order of Nondisclosure, which seals your criminal record from public view. Though sealed records aren’t visible to the public, certain government agencies can still access them. Eligibility requires:

Completion of deferred adjudication
No additional criminal convictions

What are the Most Common Types of Theft in Texas?

Theft covers a wide range of offenses that involve taking something from someone else. It can apply to theft of property, financial theft or even the theft of someone’s identity or trade secrets. Each is categorized by the theft method and value of the property in question. Here are the most common types:

1. Larceny/Theft (§31.03, Texas Penal Code): This includes shoplifting, stealing personal property, or switching price tags.
2. Theft by Check (§31.06): Writing a bad check (or writing a check using a closed or nonexistent account) knowing there are insufficient funds.
3. Credit Card or Debit Card Abuse (§32.31): Using an expired, stolen or fake card to purchase goods or obtain money
4. Theft of a Motor Vehicle (§31.07): This is commonly charged under the general theft statute. However, prosecutors may also pursue charges of unauthorized use of a vehicle, which is a state jail felony.
5. Theft of Services (§31.04): Using deception to obtain services (e.g., landscaping, construction, utilities, etc.) or refusing to pay for services rendered.
6. Organized Retail Theft (§31.16): An organized or group effort to resell stolen goods.
7. Identity Theft (§ 32.51): Using another person’s identifying information without their permission. This also includes intentionally obtaining or possessing the information with the intent to harm them.
8. Theft by Deception or False Pretenses (§ 31.03): Tricking someone into voluntarily handing over their property.
9. Cargo Theft (§31.18): Stealing cargo from freight containers, trailers, or trucks,
10. Theft of Trade Secrets (§31.05): Obtaining confidential business information (e.g., formulas, client lists) through illegal channels.

What Should I Do If I’m Accused of Theft?

If you believe you’ve been falsely accused of theft, you need to take immediate steps to protect yourself.

Call an attorney. Look for someone you trust and can speak freely with
Exercise your right to remain silent: Do not talk to the police until your lawyer is present.
Preserve any evidence, including receipts, texts, emails, video, and compile contact information from witnesses.
Avoid the accuser
Make sure you understand the charges you’re facing.
Stay off social media.
Prepare yourself for the legal process (the arrest and booking process can be long and unpleasant)
Ask questions about your case. Take advantage of law firms that offer free consultations. Compile as much information as possible.

More Austin-Area Resources

How to get someone out of jail in Travis County

How to visit an inmate in Travis County

Data: How much is bail in Travis County?

Travis County warrant search

Call for free case review

Ben Michael

Ben has vast experience in defending criminal cases ranging from DWIs to assault, drug possession, and many more. He has countless criminal charges dismissed and pled down. Among many other awards, one of the Top 10 Criminal Defense Attorneys in Texas and winner of Top 40 under 40.

Michael&Associates

Austin, TX Theft Crimes and Shoplifting Defense Lawyer