We’ve built a reputation as one of Texas’s most trusted criminal defense teams. Here’s why:
- Over 400 years of combined legal experience
- Our Houston team includes an ex-prosecutor and a former public defender
- Our staff also includes several former prosecutors, an ex-judge, a former FBI agent, and multiple attorneys who are fluent in Spanish
- A 100% success rate in Houston-area theft cases in 2025, as measured by our client satisfaction surveys
- Available 24/7 — we work nights, weekends, and holidays
- 75+ five-star reviews for our Houston office
- Free and confidential consultations
We will help you fight back. We defend clients across Houston and the surrounding areas, including Harris, Galveston, Fort Bend, Montgomery, Waller, and Brazoria counties.
Penalties for Theft Charges in Houston, TX
Chapter 31 of the Texas Penal Code defines theft as “the unlawful appropriation of property with the intent to deprive the owner.” Whether you’ll be charged with a misdemeanor or felony depends on:
- The value of the property
- Your prior criminal record
- Specific characteristics of the property or alleged victim
Penalties for Theft Charges in Houston
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 for a first-time offender is typically 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 six months to two years in state jail; Fine of up to $10,000 |
| $30,000 to $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 |
Source: Texas Penal Code, Chapter 31
Enhanced penalties may apply if the item in question is:
- A firearm
- Livestock
- Copper, aluminum, brass, or bronze
- An ATM or its contents
Or if the theft involved:
- A nonprofit organization
- A public servant or elderly victim
- Tampering with fire alarms or theft-prevention devices
- Using shielding devices to evade theft detection
Common Property Crimes in Harris County
Theft charges don’t always require physically stealing something. Just having the intent to steal can result in criminal charges. Our Houston theft attorneys handle all types of theft offenses, including:
Shoplifting / Theft (§31.03)
The most common theft-related offense in Houston is larceny-theft, including shoplifting, pickpocketing, and price tag switching. In Harris County, thousands are charged every year, and shoplifting cases continue to rise.
A 2024 national report from the Council on Criminal Justice found that shoplifting surged 23% year over year, a trend also reflected in Houston’s numbers. Data from the Texas Department of Public Safety shows that 113,563 people in Harris County were charged with larceny-theft in 2024.
Motor Vehicle Theft (§31.03)
Auto theft is one of the most serious and frequently charged property crimes in the Houston area. In 2024, over 27,000 incidents were reported in Harris County. Because vehicles are highly valuable, these charges often lead to felony convictions.
Robbery (§29.02)
Robbery involves theft with intentional bodily harm or the threat of harm. In 2024, more than 8,418 people were arrested for robbery in the Houston area. Unlike simple theft, robbery is a violent crime and carries significantly harsher penalties.
Burglary (§30.02)
Burglary means entering a building without permission to commit theft or another felony. All burglary charges are felonies, and burglary of a home or residence can result in years of prison time. In 2024, 22,888 people were charged with burglary in Harris County.
Burglary of a Vehicle (§30.04)
Even reaching into an open window with the intent to steal can be considered burglary of a vehicle. While it often starts as a misdemeanor, a third conviction becomes a felony.
Strategic Defense from an Experienced Houston Theft Lawyer
When you hire Michael & Associates, you’re not just getting one attorney — you’re getting a whole team of strategic thinkers, investigators, and trial lawyers. Many of our Houston attorneys have deep roots in the community and a wide range of experience in criminal defense. One was a former public defender, and another previously worked as a prosecutor. This gives us insight into how our opponents build cases.
We start by examining the facts of your case in detail, gathering evidence, and aggressively challenging the prosecution’s claims. Common defenses include:
- Lack of intent – You didn’t intend to steal the item.
- Mistake of fact – You believed the property belonged to you.
- Coerced confession – You were pressured into admitting guilt.
- Consent – You had permission to take or use the item.
- Duress – You were forced to commit the crime under threat.
- Insufficient evidence – The state’s case is weak or flawed.
- Entrapment – You were unfairly induced to commit a crime.
- Juvenile cases – We seek rehabilitation over punishment for minors.
A misunderstanding or one-time mistake shouldn’t destroy your future. We’re here to protect your rights and your record.
