McAllen Theft Crime Attorney

Texas Theft Law: What You Need to Know

Under Texas Penal Code Section 31.03, a person commits theft by unlawfully appropriating property with intent to deprive the owner of it. Texas consolidated what were once distinct offenses under a single unified statute. What other states call larceny, along with shoplifting, embezzlement, theft by false pretext, and receiving stolen property, are all prosecuted as theft under Section 31.03. Larceny doesn’t exist as a separate charge under Texas law. Certain offenses, such as theft of service, theft of trade secrets, and organized retail theft, remain distinct, but the vast majority of property theft cases fall under the unified statute.

Theft Charge Classifications in Texas

The severity of a Texas theft charge is determined primarily by the value of the property alleged to have been taken. Charges range from a Class C misdemeanor for the lowest-value cases to a first-degree felony for the most serious. Prior theft convictions can elevate a charge to the next classification level, and certain aggravating circumstances under Section 31.03(f), such as the victim being elderly or the defendant holding a public servant position, can enhance charges further.

The classification tiers under current Texas law are:

• Class C misdemeanor: Property value under $100; fine up to $500, no jail time
• Class B misdemeanor: Property value $100 to $749; up to 180 days in jail and a $2,000 fine
• Class A misdemeanor: Property value $750 to $2,499; up to one year in jail and a $4,000 fine
• State jail felony: Property value $2,500 to $29,999; 180 days to two years in state jail and up to a $10,000 fine
• Third-degree felony: Property value $30,000 to $149,999; two to 10 years in prison and up to a $10,000 fine
• Second-degree felony: Property value $150,000 to $299,999
• First-degree felony: Property value $300,000 or more

Types of Theft Cases We Handle in McAllen

We handle theft charges ranging from misdemeanors to felonies. The following conduct all falls under Texas theft law, and each carries its own evidentiary and strategic considerations:

• Shoplifting: Taking merchandise without payment, altering price tags, removing security packaging, or defeating retail theft detectors, all prosecuted under Section 31.03
• Robbery: Taking property from a person using force or the threat of force; prosecuted as a felony
• Embezzlement: Misappropriation of funds or property entrusted to the defendant, such as by an employee or fiduciary
• Identity theft: Using another person’s identifying information without consent to obtain property or services
• Theft of services: Obtaining services without paying when payment is expected
• Receiving stolen property: Knowingly acquiring property the defendant knows was stolen

Consequences of a Theft Conviction in Texas

The penalties a court imposes are only part of what a theft conviction can cost you. Even a misdemeanor creates a permanent criminal record visible to employers, landlords, and professional licensing boards. Those consequences don’t disappear once any sentence is served.

Beyond the criminal penalties, a theft conviction can result in:

• Difficulty securing employment, particularly in roles involving financial responsibility or property access
• Denial or revocation of professional licenses in fields such as healthcare, finance, and law
• Immigration consequences for non-citizens, including potential deportation or denial of re-entry
• Fines, restitution to the victim, probation, community service, or incarceration depending on charge level
• Loss or restriction of certain civil rights, including the right to possess firearms, following a felony theft conviction

Theft Defense Strategies in Hidalgo County

An effective defense against a theft charge in McAllen starts with a thorough review of the evidence and the prosecution’s theory. Depending on the facts, one or more of the following strategies may apply:

• Lack of intent: The prosecution must prove the defendant intended to deprive the owner of property. Demonstrating the absence of that intent can defeat the charge
• Claim of right: A defendant who genuinely believed they had a legal right to the property lacked the criminal intent required for theft by appropriation
• Alibi: Challenging whether the defendant was present at the time and place of the alleged theft
• Unlawful search and seizure: Evidence obtained in violation of the Fourth Amendment may be suppressed, weakening the prosecution’s case
• Challenging witness and surveillance evidence: Questioning the accuracy or reliability of store footage, witness statements, or loss-prevention procedures
• Pre-trial diversion: Some first-time offenders in Texas may be eligible for diversion programs that allow them to avoid a conviction upon successful completion
• Deferred adjudication: A form of probation available in Texas under which, if successfully completed, a theft charge may not result in a final conviction on the defendant’s record