A crime occurs once every five minutes on average in Bexar County. A lot 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 larceny/theft was the most common criminal charge in Texas in 2022. Theft covers a wide variety of offenses, from auto theft to shoplifting or even identity theft. In Bexar County alone in 2023, more than 5,000 people were arrested and charged with theft.

And prosecution for shoplifters is surging. Shoplifting rates increased by an average of 24% in the first half of 2024 compared to the same timeframe last year, according to a report from the Council on Criminal Justice. Even H-E-B is struggling to deal with shoplifters.

Any type of theft in San Antonio is a serious allegation. If you’ve been arrested, it’s critical that you have an experienced attorney in your corner – we will do everything within our power to protect your rights.

Types of Theft Crimes in San Antonio, Texas

Common examples of theft crimes under Texas law include:

Embezzlement: If you misappropriate or misuse 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.

Auto theft: If you take someone’s vehicle without permission – in 2023, 1,451 people were charged with auto theft in Bexar County

Theft of services: According to Texas Penal Code Under §31.04, it’s a crime to use services (for example, a tab at a bar or restaurant or a rental fee) if you don’t pay for them

Credit card theft: When you use someone’s credit card without their permission

Identity theft: If you use someone’s personal ID or data without their consent

Mail theft: If someone takes someone else’s mail without the addressee’s consent, with the intent to deprive that person of the mail’s contents

Theft by check: When you intentionally write a check knowing it will bounce. There were 354 theft by check cases in Bexar County in 2023

Shoplifting: Whenever someone takes items from a retailer without paying, as established under Texas Penal Code § 31.03

Petty theft: This is limited to low-value items, typically $100 or lessTheft 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

Types of Theft Crimes in San Antonio

Here’s a look at theft charges in San Antonio 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 San Antonio

If you’re accused of taking high-value items, violence is involved, or you have a prior conviction, you’re likely to face harsher penalties. Criteria include:

• The property’s value: How much the property is worth will be the primary factor in determining the charge you’ll face
• Circumstances of possession: How did you obtain the item? This can be a crucial detail. For example, if the incident involved a carjacking at gunpoint, the charges will be elevated
• Your criminal record: You may face harsher penalties if you have a prior conviction, particularly if there are theft or fraud convictions on your record
• Intent and knowledge: If you planned to sell, distribute or otherwise profit from any stolen property, it will affect the charges you face

Have You Been Accused of Shoplifting in San Antonio?

According to the National Retail Federation, retailers lose about $1.3 billion yearly to shoplifting. These losses mean companies take prosecuting shoplifters very seriously. If you’re accused of shoplifting, don’t try to handle the situation on your own: Prosecutors must be able to prove beyond a reasonable doubt that you intentionally took the items found in your possession. Employees and store security staff aren’t cops. They work directly for the retailer, meaning they often write one-sided reports that aren’t always backed up by facts. 

It’s also important to remember that only police officers can search your bags. Loss Prevention Specialists, store employees, and mall security personnel are not allowed to search your belongings unless you consent to a search. You are within your rights to refuse, and you should. Agreeing to a search could hurt your case.

Here are some steps to take to protect yourself.

• Ask that a witness is present: Don’t answer any questions unless another store employee or manager is present. Keep a record of their names and positions.
• Cooperate with store security: If mall security or a loss protection officer confronts you, remain calm. Don’t try to get away. If the police are brought in, you may end up dealing with additional charges for resisting arrest.
• Read all documents: But do not sign them.
• Call us immediately: We will start working on the best defense for your situation right away. We are available 24/7 and are here to help clients in the greater San Antonio area. We are available 24/7 to help clients throughout the greater San Antonio area. This includes all of Bexar County, plus Kendall, Comal Guadalupe, Wilson, Atascosa, Medina, and Bandera counties.

How to Get Theft Charges Dropped in San Antonio

Each case is different, and we customize our approach for each client based on the details of their case. However, common defenses include:

• Mistake of fact: Were you unaware that you hadn’t paid for an item, or did you truly believe that you had the right to take it?
• Lack of intent: Were you distracted by a phone call or text message that led you to unintentionally carry the item out of the store?
• Racial profiling: Do you believe you were unfairly tracked and improperly detained and questioned?
• Coerced confession: Do you feel like you were forced into making a confession? If so, we can challenge that confession, and if we’re successful, it won’t be admissible in court.
• Insufficient evidence: Do prosecutors have proof that you shoplifted the item beyond a reasonable doubt?
• Age: If you’re a minor, we can explore alternative sentencing options, like participation in a rehabilitation program, which can help you avoid more serious penalties.

We Can Help

We have attorneys across Texas, including Bexar County. We know the prosecutors and judges in the surrounding counties as well, and we will use those connections to get you the best possible outcome. Though our number one goal is a dismissal, that may not always be possible. In that case, 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 San Antonio area, including Boerne, Cibolo, Converse, New Braunfels, Helotes, Live Oak, Pleasanton, Schertz, Seguin, and Universal City.