Our Austin team has decades of experience helping clients just like you, including those facing charges of:
- Shoplifting
- Burglary
- Robbery
- Selling stolen goods
- Auto theft
Why choose us? We have...
- 400+ years of combined experience
- An experienced team of former prosecutors, judges, and an FBI agent
- A 100% success rate in Austin theft cases in 2025, as measured by our client satisfaction surveys
- We’re available 24/7 – We work nights and weekends
- More than 275 five-star Google reviews for our Austin office
- We provide a free and confidential consultation
Not in Austin? We defend clients across Travis County and the surrounding areas, including Williamson, Hays, Bastrop, Bell, Blanco, Burleson, Burnet, Caldwell, Coryell, Lampasas, Llano, McLennan, and Milam counties.
Penalties for Theft Charges in Travis County
Chapter 31 of the Texas Penal Code describes theft as illegally taking the belongings of another.
Whether you’re charged with shoplifting, robbery, or theft, the crime’s classification will depend on the value of the items stolen, whether you’re a first-time offender, and, occasionally, the stolen item.
The penalty is most commonly determined by the value of the item that was stolen:
|
Amount
|
Classification
|
Penalty
|
|
Less than $100
|
Class C misdemeanor
|
Up to a $500 fine
|
|
$100 to $750
|
Class B misdemeanor
|
Up to 180 days in county jail; fine of up to $2,000
|
|
$750 to $2,500
|
Class A misdemeanor
|
Up to a year in county jail; Fine of up to $4,000
|
|
$2,500 to $30,000
|
State jail felony
|
Between five and 99 years in prison; Fine of up to $10,000
|
|
$30,000 to $150,000
|
Third-degree felony
|
Between six months and two years in state jail; 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
|
Source: Texas Penal Code, Chapter 31
Penalties are upgraded if the stolen item is:
- Livestock
- A firearm
- Aluminum, copper, brass, or bronze
- An ATM or its contents
Penalties are also upgraded if the victim was a nonprofit organization, an elderly person, a government contractor, a public servant, or a Medicare provider, or if during the theft the accused tampers with safety systems, including:
- Sets off a fire alarm
- Deactivates a fire alarm
- Deactivates a theft-prevention device
- Uses a shielding device to avoid anti-theft devices
Most Common Property Crimes in Texas
While theft typically involves taking someone else’s belongings, you don’t have to physically take someone else’s items to be charged with theft. Sometimes, just the intent to take something will land you in jail. At Michael & Associates, we handle all types of theft allegations.
Shoplifting/Theft (Texas Penal Code Chapter 31)
The most common theft-related crime in Austin is larceny-theft, which includes offenses such as shoplifting, pickpocketing, and the theft of personal property without the use of force. Almost 27,000 people were arrested and charged with larceny-theft in Travis County alone, according to a report from the Texas Department of Public Safety Uniform Crime Division.
Much of this increase is attributed to higher shoplifting rates. A report from the Council on Criminal Justice found that the shoplifting rate in the U.S. during the first half of 2024 was 23% higher than during the same period in 2023.
Motor Vehicle Theft (§31.03)
Following larceny-theft, motor vehicle theft is also a significant concern in the Austin area. In 2024, more than 7,000 people faced these charges in Travis County. Because vehicles are expensive, the penalties for auto theft can be severe.
Robbery (§ 29.02)
Robbery may sound a lot like theft, but there are some key differences. Someone can be charged with robbery if, during the course of a theft, they intentionally, knowingly, or recklessly injure another person or threaten another person with imminent bodily harm. While robbery rates were down in Travis County in 2024, 955 people were arrested and charged.
Burglary (§ 30.02)
In 2024, 5,423 people in Travis County were charged with burglary, which is different from robbery. Burglary means unlawfully entering a building with the intent to commit theft, assault, or another felony. This includes hiding in a building after lawful entry or committing a felony once inside. All burglaries are felonies, but penalties are more severe if the burglary involves a habitation.
Burglary of a Vehicle (§ 30.04)
Entering a vehicle intending to commit theft—even partially, like reaching through a window—is burglary. This is typically a misdemeanor, but it is automatically upgraded to a felony if it’s a third offense.
Strategic Defense for Theft Charges in Austin, TX
When you hire Michael & Associates, you aren’t just getting one attorney; you’re getting the full force of our entire team. This means countless former prosecutors, one ex-judge, and even an ex-FBI agent. We meet daily to discuss cases and return all calls on the same business day.
We get to work by first thoroughly examining the circumstances surrounding your case, then we gather evidence and customize a defense that aggressively challenges the prosecution’s evidence:
Here are some common strategies:
- Lack of intent: We can work to establish that you didn’t intend to take the property in question.
- Mistake of fact: We can argue that you mistakenly believed that the property was yours. This requires establishing that your belief of ownership was reasonable.
- Coerced confession: If a store manager or security officer encourages you or offers an incentive to confess to taking an item you didn’t take, we will challenge their testimony.
- Consent: If the property owner gave you permission to use or take the item, we can build a defense around this.
- Duress: We can work to establish that you were pressured to commit the offense (for example, if you felt your safety was in jeopardy).
- Insufficient evidence: If the prosecution offers questionable evidence or unreliable witness testimony, we can use this to our advantage.
- Entrapment: If you can show that cops or security officers encouraged you to commit the crime, we can establish entrapment.
- Age: If a minor is involved, there may be different legal options that are less punitive and aimed at rehabilitation. We will explore those options.
We will zealously fight to get you the best possible outcome for your case. A one-time mistake shouldn’t derail the rest of your life, particularly if that mistake stems from a misunderstanding.
