A Mistake, An Accusation, A Felony: Theft Defense in Austin, Texas

A forgotten item in your cart. A price tag that didn’t scan. A misunderstanding at a return counter. A moment of poor judgment. In Texas, theft charges range from a Class C misdemeanor to a first-degree felony—depending entirely on the value of the item. What feels like a minor mistake can become a felony that carries years in prison. A shoplifting accusation can cost you your job, your housing, and your professional license. The stakes are measured in dollars, but the consequences are measured in years.

At Barton & Associates, Attorneys at Law, we defend clients across Central Texas against theft charges. Whether you are accused of shoplifting at a store in the Domain, taking property from a workplace in downtown Austin, or being involved in a more complex fraud investigation, we understand how quickly a misunderstanding can escalate. Our attorneys have spent decades in Travis County courtrooms and beyond, handling theft and property crimes with skill and determination.

We know that theft cases often hinge on a single question: did you intend to deprive the owner of the property? We know how to challenge the State’s evidence, present proof of intent to return or pay, and build a defense that keeps a felony off your record. We know that a mistake should not define your future.

If you are facing a theft charge, you are not alone. Let us help you fight back.

Understanding Theft in Texas

Under Texas law, a person commits theft if they unlawfully appropriate property with intent to deprive the owner of the property.

The Elements:

The State must prove:

• You appropriated property (took it, exercised control over it)

• Without the owner’s effective consent

• With intent to deprive the owner of the property

The Penalty Depends on the Value:

• Under $100: Class C misdemeanor (fine only)

• $100 to $750: Class B misdemeanor (up to 180 days in jail)

• $750 to $2,500: Class A misdemeanor (up to 1 year in jail)

• $2,500 to $30,000: State jail felony (180 days to 2 years)

• $30,000 to $150,000: Third-degree felony (2 to 10 years)

• $150,000 to $300,000: Second-degree felony (2 to 20 years)

• $300,000 or more: First-degree felony (5 to 99 years)

For residents across Central Texas, a theft charge can mean years in prison.

What Is the Penalty for Theft in Texas?

The penalty for theft depends on the value of the property taken.

Value Under $100:

• Class C misdemeanor

• Fine of up to $500

• No jail time

Value $100 to $750:

• Class B misdemeanor

• Up to 180 days in jail

• Fine of up to $2,000

Value $750 to $2,500:

• Class A misdemeanor

• Up to 1 year in jail

• Fine of up to $4,000

Value $2,500 to $30,000:

• State jail felony

• 180 days to 2 years in state jail

• Fine of up to $10,000

Value $30,000 to $150,000:

• Third-degree felony

• 2 to 10 years in prison

• Fine of up to $10,000

Value $150,000 to $300,000:

• Second-degree felony

• 2 to 20 years in prison

• Fine of up to $10,000

Value $300,000 or more:

• First-degree felony

• 5 to 99 years or life in prison

• Fine of up to $10,000

Collateral Consequences:

• Criminal Record: A permanent conviction on your record

• Employment: Many employers will not hire individuals with theft convictions

• Housing: Landlords may deny rental applications

• Professional Licensing: Licensing boards may deny or revoke licenses

• Immigration: Non-citizens may face deportation for certain theft offenses

For those in the Austin area, a theft conviction can affect every aspect of your life.

How to Defend a Theft Charge

Defending against a theft charge requires a strategic approach. The State must prove you intended to deprive the owner of the property.

Defense 1: You Had Consent

If you had permission to take the property, you are not guilty. Evidence may include:

• Testimony from the owner

• Text messages or emails granting permission

• Prior pattern of authorized use

Defense 2: You Intended to Pay

Theft requires intent to deprive. If you intended to pay for the item—you forgot to scan it, you planned to return and pay—you have a defense.

Defense 3: The Property Was Yours

If the property belonged to you, you cannot be charged with theft.

Defense 4: No Intent to Deprive

The State must prove you intended to keep the property permanently. If you intended to return it, you have a defense.

Defense 5: Mistaken Identity

In some cases, the wrong person may have been identified. Your attorney can challenge:

• Surveillance footage

• Witness identification

• Store employee observations

Defense 6: Unlawful Stop or Search

If the evidence was obtained through an illegal stop or search, your attorney can file a motion to suppress.

For those in Central Texas, a strong defense can mean the difference between a felony conviction and a dismissal.

The Value of the Property: The Key to the Charge

The value of the property determines whether you face a misdemeanor or a felony. Challenging the value can reduce the charge.

How Value Is Determined:

• Fair Market Value: What the property would sell for

• Retail Value: The price at which the property is offered for sale

• Replacement Cost: For unique items

Challenging the Value:

• Overvaluation: The store’s valuation may be inflated

• No Proof: The State may not be able to prove the value

• Depreciation: Used items have lower value

The Importance:

If the State cannot prove the value, the charge may be reduced. A reduction from a felony to a misdemeanor can keep you out of prison.

For residents across the Austin metro area, challenging the value is often the key to reducing a theft charge.

Shoplifting: The Most Common Theft Charge

Shoplifting is the most common theft charge. A few dollars of merchandise can lead to a criminal record that follows you for years.

How Shoplifting Cases Arise:

• Store employee observes someone concealing merchandise

• Loss prevention detains the person

• Police are called

• Charges are filed

Defending Shoplifting:

• No Intent: You intended to pay

• Forgot to Pay: You accidentally left without paying

• Consent: You had permission to take the item

• Mistaken Identity: You were not the person seen on video

The Danger:

Many stores have extensive surveillance systems. The evidence against you may include clear video of the incident. Your attorney must challenge the intent element.

For those in the Austin area, shoplifting charges require a defense that focuses on intent.

Civil Demand Letters

After a shoplifting incident, you may receive a “civil demand” letter from the store’s attorney demanding payment of a civil penalty—often $200 to $500.

What Civil Demand Is:

• A civil penalty under Texas law

• Separate from the criminal case

• Does not affect the criminal charge

What to Do:

• Do not ignore the letter

• Do not pay without consulting an attorney

• Payment can be used as evidence in the criminal case

The Danger:

Paying the civil demand can be seen as an admission of guilt. Your attorney can advise you on whether to pay and how to protect your rights.

For residents across Central Texas, civil demand letters require careful handling.

Deferred Adjudication for Theft

For first-time offenders, deferred adjudication is often available for theft charges—even for felonies.

How Deferred Adjudication Works:

• You plead guilty or no contest

• The court defers a finding of guilt

• You complete probation (typically 1-5 years)

• Conditions may include restitution (paying back the value), community service, fines, and other requirements

• If you complete probation successfully, the case is dismissed

• No conviction on your record

Eligibility:

• First-time offender

• No prior theft or fraud convictions

• The value of the property is not excessive

For those in the Austin metro area, deferred adjudication is often the goal in a theft case.

Restitution: Paying Back the Value

Restitution—paying back the value of the stolen property—is often a condition of probation or deferred adjudication. It can also be a way to resolve the case without a conviction.

What Restitution Covers:

• The value of the property

• Sometimes additional costs (damage, loss of use)

The Benefit:

• Paying restitution shows good faith

• Can lead to dismissal or reduced charges

• Demonstrates accountability

The Danger:

Paying restitution is not an admission of guilt. Your attorney can advise you on whether to pay and how to protect your rights.

For residents across Central Texas, restitution is often the key to resolving a theft case.

Frequently Asked Questions About Theft in Austin, Texas

When clients come to our office—whether from the urban core of Austin, the suburbs to the north and south, or the Hill Country communities—they often have questions about theft charges. Here are the answers to the most common inquiries we receive.

What is the penalty for theft in Texas?

The penalty depends on the value of the property. Values under $100 are Class C misdemeanors; values over $300,000 are first-degree felonies (5 to 99 years).

What is the difference between theft and robbery?

Theft is taking property without consent. Robbery is theft with the threat or use of force.

Can I get deferred adjudication for theft?

Yes, in many cases. First-time offenders are often eligible for deferred adjudication, which results in dismissal of the case with no conviction on your record.

What if I intended to pay for the item?

If you intended to pay for the item, you have a defense. The State must prove you intended to deprive the owner of the property.

What is a civil demand letter?

A civil demand letter is a request for payment from the store’s attorney. It is separate from the criminal case. Payment can be used as evidence.

What is restitution?

Restitution is paying back the value of the stolen property. It is often a condition of probation and can help resolve the case.

Do I need an attorney for a theft charge?

Yes. A theft conviction can affect your employment, housing, and professional licensing. An experienced attorney can challenge the value, seek deferred adjudication, and keep a felony off your record.

Why Barton & Associates for Theft Defense in Austin

Theft cases often hinge on a single question: did you intend to deprive the owner of the property? Our attorneys have spent decades in courtrooms across Central Texas, handling theft and property crimes with skill and determination.

We know the local prosecutors. We know the judges. We know the store loss prevention practices. And we know how to challenge the value, present evidence of intent, and fight to keep a felony off your record.

Take the First Step Toward Protecting Your Future

If you are facing a theft charge, your freedom and your future are on the line. A felony conviction can affect your employment, your housing, and your rights for the rest of your life. Do not wait. The sooner you have an experienced attorney on your side, the better your chances of keeping a felony off your record.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced criminal defense attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you protect your rights and your future.

Main Category: Criminal Defense Austin
Practice Area Category: Misdemeanors
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)