Theft Lawyer In Beaumont, TX
Texas has a single theft statute, and the value of the property sets the level. A shoplifting stop and a six figure embezzlement are charged under the same section, and this page explains the elements, the penalties and how a theft case can be defended.
What Is Theft Under Texas Law?
Theft under Penal Code § 31.03 means unlawfully taking property with intent to deprive the owner of it. Shoplifting is charged as theft. The value of the property sets the level, from a fine-only Class C misdemeanor under $100 to a first degree felony at $300,000 or more, and priors can raise it.
Understanding Texas Law
How Does Texas Law Define Theft?
Penal Code § 31.03 defines theft as unlawfully appropriating property with intent to deprive the owner of it. To appropriate means to acquire the property or exercise control over it. The act is unlawful when it is done without the owner's effective consent or when the property is known to be stolen.
Value is measured under § 31.08: the fair market value at the time and place of the offense, or the cost of replacing the property within a reasonable time when market value cannot be found. Section 31.09 lets the state add up items taken as part of one scheme, so several small takings from a store near Port Arthur can be charged as one larger theft.
The elements the state has to prove:
- The person appropriated property
- Without the owner's effective consent
- With intent to deprive the owner, formed at the time of the taking
- A value that fits the level charged
Intent is where many theft cases are contested. A forgotten item in a cart, a disagreement over who owns something, or a loan that went bad is different from an intent to deprive, and the state must prove that intent beyond a reasonable doubt.
Penalties And Consequences
What Are The Penalties For Theft In Texas?
Section 31.03(e) builds the ladder, and prior convictions and certain victims move a case up it. These are the most the law allows, not a prediction for any one case.
Fine only, up to $500.
180 days to two years.
Five to 99 years or life.
- Under $100
- Class C misdemeanor. A fine up to $500 and no jail. Class B with a prior theft conviction.
- $100 to under $750
- Class B misdemeanor. Up to 180 days in jail and a $2,000 fine.
- $750 to under $2,500
- Class A misdemeanor. Up to one year in jail and a $4,000 fine.
- $2,500 to under $30,000
- State jail felony. 180 days to two years in a state jail facility. Also a state jail felony below $2,500 with two or more priors.
- $30,000 to under $150,000
- Third degree felony. Two to ten years.
- $150,000 to under $300,000
- Second degree felony. Two to twenty years.
- $300,000 or more
- First degree felony. Five to ninety-nine years or life. Felony levels carry a fine up to $10,000.
- One level higher
- Under § 31.03(f), when the victim was an elderly individual or a nonprofit, or the accused was a public servant who took the property through the office.
Court costs, restitution and supervision fees can be added to any sentence, and a theft conviction is a permanent public record.
Real Questions
What Do People Ask About Theft In Texas?
Does returning the item or paying the store end the case?
What if an item was missed at self checkout?
How is value decided for a used or discounted item?
What is theft of service?
Can a workplace accusation turn into a felony?
Possible Defenses
How Can A Theft Charge Be Defended?
A theft case turns on a few questions: who owned the property, whether the person had permission, what the person intended and what the property was worth. An attorney reviews the file on each point. No result can be promised.
Store video, loss prevention reports and employee statements often make up the state's file. A defense attorney can request each of them under Code of Criminal Procedure article 39.14.
Evidence and constitutional issues.
Store loss prevention staff are not police, but their detention of a person and any statement taken can still raise questions. If an officer made the arrest, the stop, any search and any statement can be checked against the Constitution and Texas law.
Where a plea is discussed, the options the law allows include a lower value tier, a lesser offense, deferred adjudication or dismissal, depending on the facts and the prosecutor.
Intent To Deprive
Does the evidence show an intent to take, or an honest mistake, a misunderstanding or a claim of ownership?
Owner Consent
Did the owner or someone authorized agree, or is this a dispute over a loan, sale or gift?
The Value
Is the alleged value backed by a receipt, appraisal or replacement quote, and does it match the class charged?
Aggregation
Does the state have proof of a single scheme to combine amounts, or were they separate events?
Identity
Does the video clearly show the person, and does the report rest on what a witness saw or assumed?
Prior Convictions
Are the alleged priors final convictions that fit the statute, since they can raise the level?
Local Process
What Happens After A Theft Arrest In Jefferson County?
Theft cases range from a citation to a grand jury felony, and the value decides where the case is filed. The steps follow Texas law, and the table shows how they run locally.
Citation Or Booking
A Class C theft can be handled with a citation and a court date. A higher level can mean booking and a magistrate appearance where bail is set.
The Charging Document
Misdemeanors proceed on a complaint and information. A felony theft goes to a grand jury, which decides whether to indict.
Evidence And Negotiation
The defense asks for video and the value documents. Plea talks and pretrial motions follow, or the case is set for trial.
- Where it is filed
- Class A and B cases in one of the Jefferson County Courts at Law, prosecuted by prosecutors in Jefferson County. Felony theft goes to a grand jury and the district courts at the Jefferson County Courthouse on 1085 Pearl Street, prosecuted by the Jefferson County Criminal District Attorney's Office. Class C cases are heard in a justice or municipal court.
- Who makes the arrest
- Beaumont Police Department, Jefferson County Sheriff's Office, Texas DPS Highway Patrol, Port Arthur Police Department, Nederland Police Department, Port Neches Police Department, or Groves Police Department.
- Booking
- Arrestees from every law enforcement agency in the county are booked into the county's jail system.
- If the case is appealed
- the Ninth Court of Appeals in Beaumont.
A dismissal or acquittal can open the door to an expunction. A case resolved by deferred adjudication may later qualify for a nondisclosure order.
Next Steps
What Should You Do After A Theft Charge?
These steps are general information, not advice for any one person.
Keep Every Paper
Save the citation, bond papers, receipts, any demand letter and messages about the property.
Avoid Talking About It
Do not discuss the facts with store staff, the owner or on social media.
Mark The Court Date
A missed setting can add a warrant and a new charge.
Gather Proof Of Value
Receipts, texts and photos can show who owned the item and what it was worth.
Handle A Demand Letter Carefully
It is a civil claim. Note the deadline in it, and ask before paying or replying.
Think About Your Record
Ask how each outcome would look on a background check before accepting one.
Talk to a lawyer before deciding how to resolve a theft case. Paying a ticket or taking a quick plea can create a conviction that cannot be expunged. Mitchell Law Firm offers a confidential conversation about theft charges in Jefferson County, and serves the county from its Orange office.
Official Texas Sources
Read The Law Behind This Page
- Texas Penal Code Chapter 31: Theft in § 31.03 and theft of service in § 31.04
- Texas Penal Code Chapter 12: Punishment classes and ranges
- Texas Civil Practice and Remedies Code Chapter 134: Texas Theft Liability Act
- Texas Code of Criminal Procedure Chapter 39: Discovery of the state's evidence
- Texas Code of Criminal Procedure Chapter 55A: Expunction of criminal records
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Beaumont trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Related Topics
Other Criminal Charges Handled In Beaumont, TX
Property cases overlap with damage charges, fake documents and earlier records. See the full criminal defense overview for Beaumont.
Other Criminal Charges
Property, weapons, and public order offenses that sit outside the main categories.
Probation And Sentencing
What a sentence can look like, and what happens when the terms of one are challenged.
Records And Defense
How a case can come off, or be shielded on, a record, and the defense tools the law provides.
Common Questions
Theft Questions People In Beaumont Ask
Is shoplifting a felony in Beaumont, TX?
Texas has no separate shoplifting offense. Taking merchandise is theft under Penal Code § 31.03, and value sets the level: under $100 is a Class C misdemeanor, $100 to under $750 is Class B, and $750 to under $2,500 is Class A. From $2,500 it is a state jail felony. Two prior theft convictions can make a lower value theft a state jail felony.
Must a civil demand letter after a shoplifting arrest in Jefferson County be paid?
A civil demand letter is a claim under the Texas Theft Liability Act, Chapter 134 of the Civil Practice and Remedies Code, which lets a property owner seek actual damages plus additional damages of up to $1,000. It is separate from the criminal case. Paying it does not dismiss the criminal charge, and an unpaid letter is not itself a crime.
What separates theft from theft of service in Beaumont, TX?
Theft under § 31.03 is taking property. Theft of service under § 31.04 is obtaining a service, such as a meal, a hotel room, labor or an equipment rental, with intent to avoid payment. Both use the same value ladder, running from a Class C misdemeanor under $100 to a first degree felony at $300,000 or more.
Can a theft charge in Jefferson County be kept off a record?
A theft charge that is dismissed or ends in acquittal can qualify for expunction, which destroys the arrest records. A case resolved through deferred adjudication may qualify for an order of nondisclosure. A theft conviction cannot be expunged. Eligibility under either remedy turns on the offense and the person's history.
How does a prior theft conviction affect a new theft charge in Beaumont, TX?
Section 31.03(e) raises the classification when the person has earlier theft convictions. A prior moves a Class C offense to Class B and a Class B offense to Class A, and two or more priors make a theft under $2,500 a state jail felony. A conviction also appears on background checks run by employers and landlords.
Can small takings be added together into a felony theft in Beaumont, TX?
Section 31.09 lets the state aggregate amounts taken under one scheme or continuing course of conduct. Several low-value takings from the same store or employer can be charged as one larger theft, which can reach felony value. The state must prove the takings were part of a single plan, and that point can be contested.
Mitchell Law Firm, PLLC
A Record Worth Protecting
A theft charge follows a person onto every job application. The time to look at the evidence is before the case is resolved.
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