A theft charge in Texas carries a unique kind of stigma. While some crimes are viewed as mistakes in judgment or momentary lapses in control, theft is classified as a crime of “moral turpitude.” This means the state views the offense as inherently dishonest.
Because of this classification, the collateral consequences of a theft conviction are devastating. Even a low-level misdemeanor theft conviction can permanently disqualify you from certain jobs, professional licenses, and housing opportunities.
If you have been accused of theft in Dallas or Collin County, you need to understand exactly what you are up against. Here is a breakdown of how Texas prosecutes theft and how the defense attorneys at Lewis & Ashworth fight to protect your record.
How Texas Defines Theft
Under the Texas Penal Code (Section 31.03), a person commits theft if they “unlawfully appropriate property with intent to deprive the owner of property.”
This definition is broad. It covers everything from shoplifting at a retail store to employee embezzlement, writing hot checks, or buying property you know is stolen. The core element the prosecution must prove is intent: that you took the property and had no intention of returning it to the rightful owner.
The Penalties: It is All About the Value
In Texas, the severity of a theft charge is directly tied to the monetary value of the property stolen. The penalties scale aggressively.
Class C Misdemeanor (Value under $100): Fine up to $500. Common in minor shoplifting cases.
Class B Misdemeanor ($100 to $750): Up to 180 days in county jail and a fine up to $2,000.
Class A Misdemeanor ($750 to $2,500): Up to 1 year in county jail and a fine up to $4,000.
State Jail Felony ($2,500 to $30,000): 180 days to 2 years in a state jail facility and a fine up to $10,000.
Third-Degree Felony ($30,000 to $150,000): 2 to 10 years in prison and a fine up to $10,000.
Enhancements: The state can upgrade your charges under certain circumstances. If you have two prior theft convictions of any level, a new theft charge under $2,500 automatically becomes a State Jail Felony. Theft from an elderly person or a non-profit organization also triggers harsher penalties.
The True Cost: Crimes of Moral Turpitude
The jail time and fines are only the beginning. The most damaging aspect of a theft charge is its classification as a crime of moral turpitude.
If you are convicted of theft in Texas, that record will follow you relentlessly. Employers routinely deny applicants with theft records, especially for roles involving money handling, retail, or sensitive data. The Texas Medical Board, the State Board of Educator Certification, and the State Bar of Texas frequently deny licenses to individuals with theft convictions.
There is also a courtroom consequence that most people never consider: if you are ever a witness in a future legal proceeding like a civil lawsuit or a divorce, a theft conviction can be used by opposing counsel to attack your credibility in front of a judge or jury.
How We Defend Theft Charges in DFW
At Lewis & Ashworth, we do not accept that a momentary mistake or a false accusation should ruin your career. Our goal is to prevent a conviction from ever appearing on your record.
Lack of Intent. We often demonstrate that the taking of property was a mistake, an oversight, or a misunderstanding regarding ownership, not a calculated crime. If you simply forgot to scan an item at self-checkout, the intent to steal is absent, and the state cannot prove its case.
Disputing the Value. Because penalties are tied to value, we aggressively challenge the prosecution’s valuation of the property. If we can prove a stolen item was worth $700 rather than $800, a Class A misdemeanor becomes a Class B, significantly reducing your exposure.
Pre-Trial Diversion. For first-time offenders, we frequently negotiate entry into pre-trial diversion programs. If you complete the program, which may involve restitution and community service, the charge is dismissed and you become eligible for an expunction.
Challenging the Evidence. We scrutinize security footage, loss prevention reports, and witness statements. Retail loss prevention officers frequently violate protocols or misidentify suspects. If the evidence is flawed, we file motions to suppress it before the case ever reaches trial.
Do Not Let a Theft Charge Define You
A theft accusation requires immediate, aggressive intervention. Do not attempt to explain the situation to the police or store security as anything you say will be used to establish your intent. Exercise your right to remain silent and call an attorney immediately.
If you are facing theft charges in Plano, Dallas, or the surrounding areas, contact Lewis & Ashworth immediately. As former prosecutors, we know how the state builds these cases, and we know how to dismantle them. Call us at 214-239-8007 for a free, confidential consultation.