Austin Theft Defense Attorney
Theft charges range from a minor misdemeanor to a serious felony depending on the value involved. The right defense can mean the difference between a dismissal and a permanent record.
Call/Text 512-827-7767Charged with Theft in Austin or Travis County?
A theft charge, even a minor one, can follow you into job applications, professional licensing, and background checks for years. Joseph Aragon has devoted his career to defending people charged with crimes in Texas, and theft cases get the same careful treatment as every other charge: an honest evaluation of the fastest path to a dismissal, and a trial-ready posture if the State won't move.
Because theft classification is driven almost entirely by the dollar value alleged, disputing that value — or the intent, or the identification — can move a case down an entire charge level or end it outright.
Texas Theft Value Ladder
Under Texas Penal Code § 31.03, theft is classified primarily by the value of the property or service involved:
| Value of Property | Classification | Possible Jail/Prison |
|---|---|---|
| Under $100 | Class C Misdemeanor | None (fine up to $500) |
| $100 – $750 | Class B Misdemeanor | Up to 180 days |
| $750 – $2,500 | Class A Misdemeanor | Up to 1 year |
| $2,500 – $30,000 | State Jail Felony | 180 days – 2 years |
| $30,000 – $150,000 | 3rd Degree Felony | 2 – 10 years |
| $150,000 – $300,000 | 2nd Degree Felony | 2 – 20 years |
| $300,000+ | 1st Degree Felony | 5 – 99 years or life |
Related Theft Offenses
Shoplifting
Charged as theft, driven by the same value ladder. Store loss-prevention procedures and video evidence are often the whole case.
Organized Retail Theft
Applies when two or more people act together, or when items are taken for resale, and can be charged more aggressively than simple theft.
Theft vs. Robbery
Robbery is theft plus force or the threat of force against a person — a far more serious felony regardless of the property's value.
Protecting Your Record
A theft conviction is a crime of "moral turpitude" in the eyes of many employers and licensing boards, which makes the outcome of the case matter well beyond any fine or probation. Depending on how the case resolves, options like pretrial diversion, deferred adjudication, expunction, or an order of nondisclosure may be available to limit or eliminate the long-term record.
Frequently Asked Questions
How is a theft charge classified as a misdemeanor or felony?
It's based almost entirely on the value of the property allegedly taken, climbing from a Class C misdemeanor under $100 up to a first-degree felony at $300,000 or more.
Does shoplifting show up on a background check?
Yes, unless the record is later sealed through an order of nondisclosure or expunged. This matters a great deal for retail, financial, and other jobs with honesty-based screening.
What's the difference between theft and robbery?
Theft is the unlawful taking of property. Robbery adds the use or threat of force or injury against a person, making it a much more serious felony regardless of value.
Can a theft charge be expunged or sealed?
It depends on how the case resolves. A dismissal or acquittal can open the door to expunction; a deferred adjudication may qualify for nondisclosure in some circumstances.
What if I was stopped by loss prevention but nothing was taken?
Intent and completed conduct both matter under Texas theft law. Whether the case can proceed, and on what theory, depends on what was observed and how the stop was conducted.