A crime occurs about once every six minutes in Austin, Texas. Auto thefts are particularly common as hundreds of cars and trucks are stolen each month.

Dealing with theft charges can be embarrassing. It’s a zero-sum offense with a direct impact: You’re taking something that belongs to someone else. Whether it’s an individual, a retailer, a grocer, or even a charity or corporation, a theft conviction comes with the added baggage of a lifelong criminal record and a lasting social stigma.

Theft covers a wide range of charges, from petty theft and shoplifting to auto theft and embezzlement. Larceny/theft was the most common criminal charge in Texas in 2022, and the Austin area has a property crime rate of 37.8, slightly higher than the national average of 35.4. Your car could even be stolen by Optimus Prime.

And prosecution for shoplifting is surging because of record-high losses for retailers, soaring to $112 billion in losses in 2022. Even Buc-ee’s is struggling to combat shoplifting.

If you’ve been accused of theft in Austin, it’s a serious allegation and you need an experienced attorney on your side. It’s important to remember that you are innocent unless proven guilty, and we will do everything within our power to protect your rights.

Types of Theft Crimes in Austin, Texas

Common examples of theft crimes under Texas law include:

• Petty theft: This involves theft of low-value items, typically valued at less than $100.
• Shoplifting: Taking items from a retail establishment as established under Texas Penal Code § 31.03
• Auto theft: This involves stealing a motor vehicle. From Jan. 1, 2022, to Oct. 5, 2023, the Austin Police Department investigated 10,234 cases.
• Theft by check: Intentionally writing a check with insufficient funds to deceive the recipient. There were 15 theft cases in Travis County in 2023. 
• Theft of services: Texas Penal Code Under §31.04 establishes this as use of services (for example, an Uber ride or utilities) with no intention of paying for them
• Credit card theft: Fraudulently using someone else’s credit card
• Embezzlement: Misappropriating money or property that has been entrusted to you 
• Identity theft: The use of another person’s personal ID or data without their consent
• Mail theft: Taking someone else’s mail without the addressee’s consent and with the intent to deprive that addressee of the contents of that mail
• Robbery: These charges are more serious than average theft charges because – in addition to taking something that belongs to someone else – they involve an element of violence
• Burglary: This is technically a separate charge from theft. However, most burglaries involve an element of theft. Burglary is entering a structure with the intent of committing a crime. Items taken during a burglary are considered theft

Theft Crime Penalties in Texas

Theft crimes are punished based on the value of the property taken.

Amount	Classification	Penalty
Less than $100	Class C misdemeanor	Up to a $500 fine
More than $100 but less than $750	Class B misdemeanor	Up to 180 days in county jail; fine of up to $2,000
$750 or more, but less than $2,500	Class A misdemeanor	Up to a year in county jail;Fine of up to $4,000
$2,500 or more, but less than $30,000	State jail felony	Between six months to two years in state jail; Fine of up to $10,000
$30,000 or more, but less than $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

How Prior Convictions Affect Theft Charges

It’s important to note that you’ve been convicted of theft before, a prior conviction will be used to enhance another theft in the future. In other words, a Theft of Metals charge that is ordinarily a state jail felony can be enhanced to a third-degree felony by putting the prior conviction on the indictment.

Types of Theft Crimes in Austin

“Theft” was the most common charge in Travis County in 2023. There were 640 auto thefts in the county that year.

Source: https://courtsdata.traviscountytx.gov/CriminalAnalytics/

Statistics: Theft Crimes in Texas

Larceny/theft was by far the most common theft charge in Texas in 2022.

Source: Texas DPS 2022 Texas Crime Report

Factors Influencing a Theft Charge

Value of the property is a key factor, and defendants with prior convictions may face harsher penalties. Key criteria include:

• Value of the property: This is the primary factor in determining the charge
• Prior convictions: Those with previous convictions may face harsher penalties – especially if those convictions are related to fraud or theft
• Circumstances of possession: How the property ended up in your possession can escalate the charges against you. For example, if property was obtained during the course of a violent crime
• Intent and knowledge: If there is evidence that you intended to sell, distribute or profit in any way from stolen property, it could affect the charges you face

What to Do If You Are Accused of Shoplifting in A Retail Store

• Cooperate with store security: Remain calm if you’re confronted by store security or a Loss Prevention Officer. Don’t attempt to flee. If police are called, you could face additional charges if you flee or otherwise resist arrest.
• Request a witness: Ensure that a store manager or another employee is present. Note their names and positions.
• Don’t sign any documents: Read them, but refuse to sign them..
• Call us immediately: If you have been arrested or given a citation, contact us immediately so that we can help you. 

Do not attempt to handle a theft charge on your own: Remember that the State of Texas must be able to prove beyond a reasonable doubt that you intended to steal items.

We will interview witnesses, locate and review security camera footage, and carefully read the incident reports. Retail security staff aren’t cops. They write one-sided incident reports without backing up allegations with factual evidence.

Aside from police officers, nobody has the legal authority to perform a search of your bags. If a store employee asks to search your bag, you must consent to the search. Don’t do this. It can only hurt your case.

How to Get Theft Charges Dropped in Austin, Texas

Our defense strategy will depend on the specific circumstances of your case and charges, but some common defenses include:

• Lack of intent: We can attempt to show that you did not intend to steal the item, but instead walked out of the store with it while you were distracted.
• Mistake of fact: If you genuinely believed that you had the right to take an item, or you were unaware that an item had not been paid for, we can explore this as a defense. 
• Racial profiling: If you believe you were unfairly detained or improperly questioned, we will investigate this.
• Coerced confession: If a confession was obtained under coercion or duress, we may be able to challenge it as involuntary. If we succeed, the confession will not be admissible in court.
• Insufficient evidence: If prosecutors are unable to prove beyond a reasonable doubt that you shoplifted, we can challenge the evidence against you.
• Entrapment: If we can show that you were coerced by store personnel or law enforcement to commit a crime (and would otherwise have not committed the act), we can use this as a defense. 
• Age: Minors can use their age as a defense. They may be held to different legal standards or ordered to complete a rehabilitation program rather than more severe penalties.

We Can Help

We have attorneys across the state, but our largest group is based in the Austin area. We know the prosecutors and judges, and will negotiate to get you the best possible resolution. Our ultimate goal is a dismissal, but if that’s not possible, we will seek to get the charges against you reduced. 

We offer a free consultation and are available 24/7 to take your call.