San Antonio Theft Lawyer

A theft accusation in Texas can range from a citation over a small dollar amount to a first degree felony, and the level depends almost entirely on the value of the property involved. This page explains how Texas defines theft, how the offense is graded, how these cases move through the Bexar County courts, and what a person charged with theft in San Antonio may want to understand. Forrest Good is a criminal defense attorney in San Antonio, and Forrest Good PLLC handles theft matters in Bexar County.

The information below is general and educational, not legal advice about any specific case.

What a theft charge means in Texas

Under Texas law, a person commits theft if he unlawfully appropriates property with intent to deprive the owner of that property.¹ The statute, Texas Penal Code Section 31.03, treats appropriation as unlawful when it is without the owner’s effective consent, when the property is stolen and the actor takes it knowing it was stolen by another, or when law enforcement has represented property as stolen and the actor takes it believing that to be true.¹

Two defined terms carry much of the weight in a theft case. To “appropriate” means to bring about a transfer of title or other interest in property, or to acquire or otherwise exercise control over property other than real property.² To “deprive” means to withhold property permanently or for so long that a major portion of its value or enjoyment is lost, to return it only on payment of reward, or to dispose of it so that recovery is unlikely.² “Effective consent” is not present when it is induced by deception or coercion, or given by someone the actor knows is not authorized to act for the owner.² Because these definitions require a culpable mental state, intent is often the central question rather than the simple fact that property changed hands.

Texas folds many everyday situations into this single statute. Shoplifting is prosecuted as theft under Section 31.03, graded by the value of the merchandise rather than as a separate crime, and theft by check and similar conduct proceed under the same framework, with the value of the property or funds setting the offense level.¹

How Texas classifies theft and the penalties

Texas grades theft on a value ladder set out in Section 31.03(e), running from a Class C misdemeanor for the lowest dollar amount up to a first degree felony for the highest.¹³ The punishment ranges tied to each class come from Chapter 12 of the Penal Code.⁴ The table below maps the value of property stolen to the offense class and the punishment range.

Value of property stolen	Offense class	Punishment range
Less than $100	Class C misdemeanor	Fine up to $500, no jail⁵
$100 or more but less than $750	Class B misdemeanor	Up to 180 days in county jail and a fine up to $2,000⁶
$750 or more but less than $2,500	Class A misdemeanor	Up to one year in county jail and a fine up to $4,000⁷
$2,500 or more but less than $30,000	State jail felony	180 days to two years in a state jail and a fine up to $10,000⁸
$30,000 or more but less than $150,000	Third degree felony	Two to ten years in prison and a fine up to $10,000⁹
$150,000 or more but less than $300,000	Second degree felony	Two to twenty years in prison and a fine up to $10,000¹⁰
$300,000 or more	First degree felony	Five to ninety-nine years or life in prison and a fine up to $10,000¹¹

The dollar amount is not the only factor. Section 31.03(e) raises the offense level regardless of value in certain situations, including theft of a firearm, theft from a person or from a human corpse or grave, and theft of an election ballot, each a state jail felony.¹ Prior history matters too: a theft under $100 becomes a Class B misdemeanor with any prior theft conviction, and one under $2,500 becomes a state jail felony with two or more prior theft convictions of any grade.¹

Section 31.03(f) increases a theft to the next higher category when certain facts are shown, such as that the person was a public servant and obtained the property through that role, that the owner was an elderly individual or a nonprofit organization, or that the person tampered with a fire exit alarm or a retail theft detector during the offense.¹ A separate provision raises the level when the property stolen is a catalytic converter and the person possessed a firearm during the offense.¹ These enhancements explain why two cases involving the same dollar value can be charged at very different levels.

Related charges: theft of service, burglary, and robbery

Several offenses sit close to theft and are sometimes charged alongside or instead of it. Understanding the lines between them helps make sense of a charging decision.

Theft of service

Theft of service under Section 31.04 applies when a person, intending to avoid payment for a service known to be provided only for compensation, secures that service by deception, threat, or false token, diverts another’s services, holds rented personal property beyond the rental period, or fails to pay after notice demanding payment.¹² Common examples include leaving a hotel, restaurant, or campground without paying and failing to return rented property. Theft of service is graded by the value of the service on the same ladder that applies to theft of property.¹²

Aggregation of amounts

When amounts are obtained through one scheme or continuing course of conduct, whether from one source or several, Section 31.09 allows the conduct to be treated as a single offense and the amounts added together to determine the grade.¹³ Aggregation can turn a series of smaller takings into a single felony when the combined total crosses a felony threshold.¹³

Burglary and robbery

Burglary under Section 30.02 is a distinct offense focused on unlawful entry. A person commits burglary by entering a habitation or a building not open to the public, without the owner’s effective consent, with intent to commit a felony, theft, or assault, or by committing or attempting one of those offenses after entry.¹⁴ Burglary of a building other than a habitation is a state jail felony, and burglary of a habitation is a second degree felony.¹⁴ Burglary does not require that anything actually be taken, which separates it from theft.

Robbery under Section 29.02 occurs when, in the course of committing theft and with intent to obtain or maintain control of property, a person causes bodily injury or threatens or places another in fear of imminent bodily injury or death.¹⁵ Robbery is a second degree felony, and the added element of force or threatened force distinguishes it from simple theft.¹⁵

How theft cases move through Bexar County courts

Whether a theft case lands in a misdemeanor court or a felony court depends on the offense level, which follows the value ladder described above.¹ In Bexar County, thirteen statutory County Criminal Courts have general jurisdiction over misdemeanor cases, including theft charged as a Class A, B, or C misdemeanor, where punishment on conviction may be a fine not to exceed $4,000 or a jail sentence not to exceed one year.¹⁶ Felony theft cases proceed in the Criminal District Courts. The Texas Legislature has authorized ten such courts for Bexar County, with original jurisdiction over all felony criminal matters.¹⁷

A theft case usually begins with an arrest or, for some lower level offenses, a citation. After an arrest, Texas law requires that the person be taken before a magistrate without unnecessary delay and not later than 48 hours after arrest.¹⁸ At this magistration, the magistrate informs the person in clear language of the accusation, of the right to retain counsel, of the right to remain silent, of the right to have an attorney present during any interview with law enforcement, of the right to request appointed counsel if the person cannot afford a lawyer, and addresses bail.¹⁸ Bexar County conducts this process through Central Magistration.¹⁷

From there, a misdemeanor proceeds by information and a felony by indictment or information, followed by pretrial settings where the defense reviews the State’s evidence, files and argues motions, and discusses possible resolutions.¹ If the case does not resolve, it is set for trial in the assigned county criminal court or criminal district court.¹⁶¹⁷ A person charged with theft is presumed innocent throughout, and the State carries the burden of proof at every stage.

Defense considerations in a theft case

Because theft requires both an unlawful appropriation and an intent to deprive the owner, the State must prove the mental state and not merely that property moved.¹ The points below describe considerations that may apply in a theft case, not predictions about any result.

One consideration is intent. Where the evidence is consistent with a misunderstanding, a forgotten item, a billing dispute, or a borrowed object, the question becomes whether the State can prove the person intended to deprive the owner.² A related consideration is a claim of right or mistaken ownership, because appropriation is unlawful only when it is without the owner’s effective consent, and a genuine belief in a right to the property bears on that element.¹

Value is another consideration. Because the offense level and the court that hears the case both turn on value, the method used to establish it can be significant, and a value near a threshold can be the difference between a misdemeanor and a felony.¹³ Effective consent also matters, particularly where the person who allowed the transfer may not have been authorized to act for the owner or where consent was disputed.²

Finally, how the evidence was gathered can be a consideration. If a stop, a search, or a statement was obtained in a way that violated the person’s rights, the defense may file a motion to suppress that evidence.¹⁸ Each case turns on its own facts and is evaluated against the specific record.

Collateral consequences of a theft conviction

A theft conviction can reach well beyond the fine or jail term set by statute. Texas courts treat theft as a crime involving moral turpitude, which carries consequences for credibility and for life outside the courtroom.¹⁹ Under the Texas Rules of Evidence, a conviction for a crime involving moral turpitude may be used to attack a witness’s character for truthfulness, generally within ten years of the conviction or release from confinement, subject to the court’s balancing of probative value against prejudice.¹⁹ In practice, that means a theft conviction can affect a person’s credibility as a witness for years.¹⁹

For a person who is not a United States citizen, the stakes can be especially serious. A crime involving moral turpitude can carry immigration consequences, including removal, inadmissibility, and limits on relief, so a theft accusation may need to be evaluated with those consequences in mind.²⁰ A theft record can also affect employment and professional licensing, since many licensed fields review convictions for crimes involving moral turpitude.¹⁹ These collateral effects are part of why the level at which a case is charged and resolved can matter as much as the immediate penalty.

What to do if you are charged with theft in San Antonio

A person charged with theft in San Antonio has the right to remain silent and the right to counsel, and the magistrate is required to explain both at the outset of the case.¹⁸ Declining to discuss the accusation with law enforcement until after speaking with a lawyer is consistent with those rights.

It also helps to preserve information. Receipts, messages, photographs, return records, and the names of any witnesses can all bear on intent, consent, ownership, and value, the same elements the State must prove.¹ Keeping track of every court date and bond condition set at magistration matters, because missing a setting can create new problems independent of the theft charge.¹⁸

Forrest Good is a criminal defense attorney in San Antonio, and Forrest Good PLLC represents people charged with theft and related property offenses in Bexar County.¹⁷ A person charged with theft, or who believes a theft investigation is underway, can contact Forrest Good PLLC to discuss the accusation.

Frequently asked questions

Is shoplifting a separate crime from theft in Texas?

No. Shoplifting is prosecuted as theft under Texas Penal Code Section 31.03, and the offense level is set by the value of the merchandise on the same ladder that applies to any theft.

At what dollar amount does theft become a felony in Texas?

Theft becomes a state jail felony when the value of the property is $2,500 or more, and it rises through the third, second, and first degree felony levels as the value increases to $30,000, $150,000, and $300,000. Certain property, such as a firearm, and certain prior theft histories can make a case a felony regardless of value.

What is the difference between theft and robbery?

Robbery under Section 29.02 is a theft committed with the added element of bodily injury or a threat that places another in fear of imminent bodily injury or death, and it is a second degree felony. Theft alone does not involve force or a threat of force.

Can several small thefts be combined into one felony charge?

Yes. Under Section 31.09, when amounts are obtained through one scheme or continuing course of conduct, the conduct may be treated as one offense and the amounts added together to determine the grade, which can move a series of smaller takings into the felony range.

Where are theft cases heard in Bexar County?

Misdemeanor theft cases are heard in the thirteen County Criminal Courts, and felony theft cases are heard in the ten Criminal District Courts authorized for Bexar County.

Can a theft conviction be used against me later as a witness?

Possibly. Texas treats theft as a crime involving moral turpitude, and under the Texas Rules of Evidence such a conviction may be used to attack a witness’s truthfulness, generally within ten years of the conviction or release, subject to the court’s balancing.