Theft

Theft Charges in Houston

Being accused of theft does not mean the case against you is strong. Theft cases often depend on store employees, security officers, or witnesses who believe they saw something happen. In many situations, those assumptions are wrong, the evidence is incomplete, or the investigation was not handled correctly.

At Flanagan & Hale, PLLC, we defend people accused of theft throughout Houston and Harris County. Our job is not simply to react to an accusation — it is to carefully review the evidence, challenge the prosecution’s case, and hold the State to its burden of proof.

Holding the Prosecutor Accountable for the Evidence

In every criminal case, the prosecutor has a legal obligation to provide the defense with the evidence they intend to rely on. This process is especially important in theft cases because key details often come from surveillance footage or store reports that must be carefully reviewed.

We make sure the prosecution provides all available materials, including surveillance video, reports, photographs, and witness statements. When evidence is incomplete, unclear, or inconsistent, we use that to challenge the case and advocate for our client.

What Happens After Being Arrested for Theft?

Many theft cases begin with a store employee or loss prevention officers who believe they witnessed shoplifting. While these individuals may be confident in their conclusions, they are not law enforcement officers and their investigations are not always handled correctly.

Loss prevention officers sometimes lose sight of a suspect, misunderstand what occurred on surveillance footage, or rely on assumptions rather than clear evidence. When these mistakes happen, they can lead to accusations that do not accurately reflect what actually occurred.

Part of our role as defense attorneys is to carefully examine how the store handled the situation and whether the accusation is supported by reliable facts.

Types of Theft Cases We Handle

Theft charges in Texas can arise in many different situations. We defend clients accused of a wide range of theft-related offenses, including:

• Shoplifting / retail theft
• Theft of property
• Theft by check
• Theft of services
• Organized retail theft
• Employee theft or embezzlement allegations

Even when the value of the property is relatively low, a theft charge can still lead to criminal penalties and a permanent record. Our goal is to carefully examine the case and pursue the best possible outcome for our clients.

Can a Theft Charge be Dismissed?

Not every accusation of theft is supported by the evidence. Many cases involve misunderstandings, mistaken identity, or situations where the prosecution cannot prove the required elements of the offense.

Common defenses in theft cases may include:

Mistaken Identity

Surveillance footage may be unclear or store employees may mistakenly identify the wrong person.

Lack of Intent
Texas law requires proof that someone intended to deprive the owner of property. In many situations, that intent cannot be proven.

Ownership or Payment Disputes
Some theft cases arise from disagreements over ownership or whether payment was made or attempted.

Insufficient Evidence
If the prosecution cannot present clear and reliable evidence, the charge may not hold up in court.

Every case is different, and the right defense strategy depends on the specific facts and evidence involved.

Penalties for Theft in Texas

In Texas, the severity of a theft charge usually depends on the value of the property that was allegedly taken. As the value increases, the charge can quickly escalate from a minor offense to a serious felony.

Possible theft charges in Texas include:

Class C Misdemeanor
Property valued at less than $100 may be charged as a Class C misdemeanor, which can result in a fine but still creates a criminal record.

Class B Misdemeanor
Property valued between $100 and $750 can be charged as a Class B misdemeanor, which carries potential jail time and fines.

Class A Misdemeanor
Property valued between $750 and $2,500 is typically charged as a Class A misdemeanor. This is the most serious misdemeanor level and can result in up to one year in jail and significant fines.

Felony Theft Charges
When the alleged value of the property exceeds $2,500, the charge can become a felony offense, with penalties that may include prison time and long-term consequences.

Because theft charges can escalate quickly based on how the property is valued, it is important to have a defense attorney review the case and examine the evidence carefully.