A crime occurs once every minute on average in Harris County. Many of these crimes involve theft.

Whether the incident involves a retailer, grocery store, an individual (even someone’s SNAP benefits), a corporation, or a charity, you’re taking someone else’s belongings away from them. You’ll also be left with a criminal record and – in many cases – have to deal with embarrassment and social stigma.

It’s no surprise that the most common criminal charge in Texas in 2022 was larceny-theft. It covers a wide range of offenses, from auto theft or embezzlement to shoplifting or even mail theft. More than 12,000 people were arrested and charged with theft in 2023 in Harris County.

And prosecution for shoplifters is surging. The National Retail Federation reports that the Houston area ranks in the top five cities in the U.S. for shoplifting. Even Buc-ee’s is dealing with big losses from shoplifting.

Any type of theft in Houston is a serious allegation. If you’re facing charges, you need someone with experience fighting on your behalf – an attorney who will do everything possible to protect your rights.

Types of Theft Crimes in Houston, Texas

Common examples of theft crimes under Texas law include the following:

• Mail theft: Mail theft is surprisingly common in Houston. This involves taking someone else’s mail without the addressee’s consent and with the intent to deprive that addressee of the contents of that mail.
• Theft of services: Texas Penal Code Under §31.04 specifies that it’s a crime to use services (for example, utilities or rideshare) without intending to pay for them.
• Credit card theft: Using another person’s credit card without their knowledge.
• Identity theft: Using another person’s personal ID or data without consent.
• Theft by check: Intentionally writing a check with insufficient funds. There were 273 theft-by-check cases in Harris County in 2023.
• Shoplifting: Taking items from a retail store without paying, as established under Texas Penal Code § 31.03.
• Petty theft: Theft of low-value items typically valued at $100 or less.
• Auto theft: Taking someone’s motor vehicle without permission. In 2023, 2,292 people were charged with auto theft in Harris County.
• Embezzlement: Misappropriating or misusing funds that have been entrusted to you.
• Robbery: These charges are more serious than an average theft charge because they also involve an element of violence.
• Burglary: This is actually a separate charge from theft. Burglary involves entering a structure with the intent of committing a crime. Any items taken during a burglary are also considered theft.

READ MORE: Burglary vs. robbery

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 Houston

Here’s a look at theft charges in Houston in 2023:

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

Statistics: Theft Crimes in Texas

Source: Texas DPS 2022 Texas Crime Report

Factors Influencing a Theft Charge in Houston

Defendants with criminal records or those accused of taking high-value items are likely to face harsher penalties. Key criteria include:

• The value of the property: This is the primary factor in determining the charge you’ll face
• Circumstances of possession: How did the property end up in your possession? This can be an important factor in determining charges. For example, if property was obtained during the course of a violent crime, the charges will be escalated
• Your criminal record: If you have a prior conviction, you may face harsher penalties – particularly if those convictions are related to theft or fraud
• Intent and knowledge: If there is evidence that you planned to sell, distribute or otherwise profit from any stolen property, it will likely influence the charges you face

READ MORE: How to get theft charges dropped

Have You Been Accused of Shoplifting in Houston?

Shoplifting is a real problem in the Houston area. Statistics show it’s the third-worst city in the U.S. for retail theft.

If you’ve been accused of shoplifting, don’t attempt to handle these charges on your own: Prosecutors are required to prove beyond a reasonable doubt that you intentionally stole the item in your possession. Store employees and security staff aren’t police officers. Because they work directly for the retailer, they often write one-sided reports that aren’t backed up by facts. There are some steps you should take to protect yourself.

• Ask that a witness is present: Request that a manager or another store employee be present. Keep a record of their names and positions.
• Cooperate with store security: Remain calm if confronted by a Loss Prevention Officer or store (or mall) security. Don’t try to escape. If the cops are called, you may end up facing additional charges for resisting arrest.
• Read all documents: Don’t sign them.
• Call us immediately: We can immediately start building your defense. We are available 24/7 and are here to help clients in the greater Houston area, including Fort Bend and Brazoria counties. We can review any security videos, look over the incident reports, and talk to possible witnesses.

It’s important to remember that only police officers have the authority to search your bags. Store employees, mall security personnel, and Loss Prevention Specialists cannot search your belongings without your consent. You have the right to refuse, and you should. Allowing a search will almost never help, but it could definitely hurt your case.

How to Get Theft Charges Dropped in Houston

Every case is different, and we use a custom approach for each client based on the specific circumstances of the allegations and charges. However, common defenses include:

• Mistake of fact: Did you truly believe that you had the right to take an item, or were you unaware that you hadn’t paid for it? 
• Lack of intent: Did you unintentionally carry the item out of the store while you were distracted by a phone call or text message?
• Racial profiling: Were you unfairly tracked, detained, or improperly questioned?
• Coerced confession: Was your confession made due to coercion or duress? If so, we can challenge it, and if the challenge is successful, your confession won’t be admissible in court.
• Insufficient evidence: Can prosecutors prove that you shoplifted the item beyond a reasonable doubt?
• Entrapment: Did store personnel or law enforcement coerce you into committing a crime that you otherwise would not have committed?
• Age: If you’re a minor, we will explore whether you can complete a rehabilitation program in order to avoid more serious penalties.

We Can Help

We have attorneys across Texas, including Harris County. We know the prosecutors and judges in some of the surrounding counties as well. We will use our connections to fight to get you the best possible outcome. Though our number one goal is a dismissal, that’s not always possible. If that happens, we will do whatever we can to get the charges against you reduced. 

Our attorneys are ready to help 24 hours a day. We serve clients across the greater Houston area, including Alvin, Angleton, Arcola, Beasley, Bonney, Clute, Danbury, Fairchilds, Freeport, Fulshear, Hillcrest Village, Holiday Lakes, Katy, Lake Jackson, Manvel, Missouri City, Needville, Pearland, Richmond, Rosenberg, Simonton, Stafford, Sugar Land, Surfside Village, and Weston Lakes.