A crime occurs every two minutes on average in Dallas County, and many of these crimes involve theft.
Whether the incident involved a grocery store, retail store, an individual, a trade show, a corporation or charity, you’re taking something that belongs to someone else. You’ll also be left with a criminal record and – in many cases – embarrassment and social stigma.
Theft covers a wide range of offenses, from shoplifting or petty theft to embezzlement. The most common criminal charge in Texas in 2022 was larceny/theft. Though Dallas has seen a reduction in violent crime of nearly 30% in 2024, theft numbers are still high. Your car could even be stolen in broad daylight.
Dallas County’s theft rate averages around 28.95 per 1,000 residents per year.
The city is cracking down, even on low-level offenses. In 2019, Dallas County District Attorney John Creuzot implemented a policy against prosecuting misdemeanor thefts of essential items like diapers and food, the policy drew political scrutiny and was rescinded in late 2022.
And with shoplifting on the upswing, prosecution for shoplifters is surging after retailers faced $112 billion in losses in 2022. Even Buc-ee’s is struggling to crack down on shoplifters.
Any type of theft in Dallas is a serious allegation. If you’re facing charges, you need an experienced attorney fighting on your behalf. You are innocent unless proven guilty, and we will do everything possible to protect your rights.
Types of Theft Crimes in Dallas, Texas
Common examples of theft crimes under Texas law include:
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.
Identity theft: The use of another person’s personal ID or data without their consent.
Credit card theft: Using someone else’s credit card without their knowledge or authorization.
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.
Theft of services: Texas Penal Code Under §31.04 establishes this as use of services (for example, an Uber ride or utilities) without planning to pay for them.
Theft by check: Intentionally writing a check with insufficient funds to deceive the recipient. There were three theft by check cases in Dallas County in 2023.
Auto theft: This involves stealing a motor vehicle. In 2023, 476 people were charged with auto theft in Dallas County.
Embezzlement: Misappropriating money or property that has been entrusted to you.
Robbery: These are more serious charges 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. Burglary is entering a structure with the intent of committing a crime. However, any 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 Dallas
Auto thefts were relatively high in Dallas in 2023:
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 in Dallas
Defendants accused of taking high-value items or those with prior convictions are likely to face harsher penalties. Key criteria include:
- The property’s value: This is the primary factor in determining the charge you’ll face
- 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
- Prior convictions: If you have previous convictions, you’ll likely face harsher penalties – especially if those convictions are related to fraud or theft
- Intent and knowledge: If there is evidence that you intended to distribute, sell or profit in any way from the stolen property, it will likely affect the charges you face
Have You Been Accused of Shoplifting in Dallas?
Do not attempt to handle theft charges on your own: Prosecutors must be able to prove beyond a reasonable doubt that you intended to steal the items found in your possession. Store security and staff members aren’t the police. They often write one-sided reports that aren’t backed up by facts. And it’s possible that racial profiling could come into play.
- Request a witness: Ensure that a store employee or manager is present. Write down their names and positions.
- Cooperate with store security: If you’re confronted by store security or a Loss Prevention Officer, remain calm. Don’t try to flee. If police are called, you may face additional charges if you flee or otherwise resist arrest.
- Don’t sign any documents without reading them: Most stores are required to write an incident report. Read it carefully, and don’t sign it unless all of the information is 100% correct.
- Call us immediately: We can immediately start working on your defense. We are available 24/7 and are here to help clients in North Texas. This includes Dallas, Tarrant, Ellis, Rockwall, Denton, and Collin counties.
We will watch security camera footage, carefully read the incident reports, and interview all potential witnesses.
Remember that aside from police officers, nobody has the legal authority to search your bags. A store employee is not allowed to perform a search without your consent. It is your right to refuse, and you should. It can only hurt your case.
How to Get Theft Charges Dropped in Dallas, Texas
Our team will review the specific circumstances of your case and charges, but some common defenses include:
- Mistake of fact: If you genuinely believed that you had the right to take an item, or you were unaware that you hadn’t paid for an item, this could be a viable defense.
- Lack of intent: We can work to show that you did not intend to steal the item, but instead unintentionally carried it out of the store while you were distracted.
- Racial profiling: We will investigate whether you were unfairly tracked, detained, or improperly questioned.
- Coerced confession: We may be able to challenge a confession if it was obtained under coercion or duress. If the challenge is successful, your confession won’t be admissible in court.
- Insufficient evidence: If prosecutors can’t prove that you shoplifted the item beyond a reasonable doubt, we will challenge the evidence against you.
- Entrapment: If store personnel or law enforcement coerced you into committing a crime (and you would not have committed that act without coercion), we will use this as a defense.
- Age: Minors may be able to agree to complete a rehabilitation program in order to avoid more serious penalties.
We Can Help
We have attorneys across Texas, including Dallas County. We know the prosecutors and judges in all of the surrounding counties, and will fight to get you the best possible outcome. Though our ultimate goal is a dismissal, if that’s not possible, we will do everything within our power to get the charges against you reduced.
We have offices across Texas and are ready to help 24 hours a day. We also serve clients in Allen, Arlington, Cedar Hill, DeSoto, Duncanville, Fort Worth, Frisco, Grand Prairie, Grapevine, Lancaster, Mansfield, McKinney, North Richland Hills, Plano, and Richardson.
Address: 6301 Gaston Ave., Suite 1524, Dallas, Texas 75214
Phone: (214) 253-4143
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.