Theft Lawyer In Orange, TX
Texas has one theft statute, and the dollar value of what was taken sets almost everything else. A shoplifting stop and a six figure embezzlement case are charged under the same section, so the value and the proof of intent decide the case.
What Is Theft In Texas?
Theft under Texas Penal Code § 31.03 means unlawfully appropriating property with intent to deprive the owner of it. The state must prove the taking, the lack of the owner's effective consent, and the intent. The value of the property sets the grade of the offense, from a Class C misdemeanor under $100 up to a first degree felony at $300,000 or more.
Understanding Texas Law
How Does Texas Law Define Theft?
Theft under Texas Penal Code § 31.03 means unlawfully appropriating property with intent to deprive the owner of it. "Appropriate" means acquiring or exercising control over the property. It is "unlawful" when it happens without the owner's effective consent, or when the property is known to be stolen.
The value of the property decides the charge. Value is its fair market value at the time and place of the theft, or the cost of replacing it within a reasonable time if market value cannot be determined. Under § 31.09, amounts taken under one scheme or continuing course of conduct can be added together, so several small takings can be charged as one larger theft.
Shoplifting is not its own offense in Texas. Walking out of a store with unpaid merchandise is charged as theft, using the same value ladder as any other theft case in Orange County.
What the state must prove beyond a reasonable doubt:
- The person appropriated property
- Without the owner's effective consent
- With intent to deprive the owner of it, formed at the time it was taken
- A value that fits the level of offense charged
Intent is where many theft cases are contested. Forgetting an item in a cart, a dispute over who owns something, or a borrowing arrangement that went wrong are different from an intent to deprive.
Several facts can push a charge higher: a high value, prior theft convictions, or a victim who is elderly or a nonprofit organization.
Penalties And Consequences
What Are The Penalties For Theft In Texas?
Section 31.03(e) sets the ladder. Priors 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 in a state jail facility.
Five to 99 years or life.
- Under $100
- Class C misdemeanor. A fine of up to $500, no jail. Class B if the person has a prior theft conviction.
- $100 to under $750
- Class B misdemeanor. Up to 180 days in county jail and a $2,000 fine.
- $750 to under $2,500
- Class A misdemeanor. Up to one year in county 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 when the person has two or more prior theft convictions.
- $30,000 to under $150,000
- Third degree felony. Two to ten years in prison.
- $150,000 to under $300,000
- Second degree felony. Two to twenty years in prison.
- $300,000 or more
- First degree felony. Five to 99 years or life. Every felony level carries a fine of up to $10,000.
- One level higher
- Under § 31.03(f), when the victim was an elderly individual or a nonprofit organization, or the person was a public servant who took the property through that position.
Court costs, restitution to the owner and supervision fees can be added to any sentence. A conviction for theft is also a permanent public record.
Real Questions
What Do People Ask About Theft In Texas?
Is returning the item or paying the store enough to end the case?
What if I forgot to scan an item or left it in the cart?
How is value decided when the item was used or on sale?
What is theft of service?
Can an employer's accusation become 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 for each one. No result can be promised.
Many cases rest on store video, loss prevention reports and employee statements. Each can be requested and reviewed under Code of Criminal Procedure article 39.14.
Evidence and constitutional issues.
Loss prevention staff are not police, but their detention and any statements can still raise questions about how a statement was taken. If an officer made the arrest, the stop, the search and any statement are reviewed for compliance with the Constitution and Texas law.
Where a plea is under discussion, the options the law allows include a reduction in 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 the property, or an honest mistake, a misunderstanding or a claim that it was the person's own?
Owner Consent
Did the owner or an authorized person give permission, or is this a dispute over a loan, a sale or a gift?
The Value
Is the alleged value supported by a receipt, an appraisal or a replacement quote, and does it fit the class charged?
Aggregation
Does the state have proof of one scheme to combine several amounts, or are they separate events?
Identity
Does the video clearly show the person, and is the report based on what the witness saw or what was assumed?
Prior Convictions
Are alleged priors final convictions that fit the statute, since they can raise the level of the charge?
Local Process
What Happens After A Theft Arrest In Orange County?
Theft cases range from a citation to a grand jury felony. Where the case is filed depends on the value. The steps below follow Texas law, and the table shows how they run locally.
Citation Or Booking
A Class C theft can be handled by a citation with a court date. A higher level can mean booking and a magistrate appearance, where bail is set.
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 the state's evidence, including video and the value documents. Plea discussions and pretrial motions follow, or the case is set for trial.
- Where it is filed
- Class A and B cases are filed in one of the Orange County Courts at Law. Felony theft goes to a grand jury and one of three district courts: 128th District Court, 163rd District Court, and 260th District Court. Class C cases are heard in a justice of the peace or municipal court.
- Who prosecutes
- The Orange County District and County Attorney's Office.
- Who makes the arrest
- Orange Police Department, Orange County Sheriff's Office, Texas DPS Highway Patrol, Vidor Police Department, Bridge City Police Department, Pinehurst Police Department, or West Orange Police Department.
- Where you are booked
- The Orange County Correctional Facility at 205 S Border Street, run by the Orange County Sheriff's Office.
- 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 Document
Save the citation, bond papers, receipts, any demand letter and messages about the property.
Do Not Discuss It
Avoid talking about the facts with store staff, the owner or on social media.
Note The Court Date
Missing a setting can add a warrant and a new charge to the case.
Gather Proof Of Value Or Ownership
Receipts, texts and photos can show who owned the item and what it was worth.
Handle A Demand Letter With Care
The letter is a civil claim. Read the deadline in it, and ask before paying or responding.
Think About Your Record
Ask how each possible outcome would show up 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 Orange County.
Official Texas Sources
Read The Law Behind This Page
- Texas Penal Code Chapter 31: Theft, theft of service, value and aggregation
- Texas Penal Code Chapter 12: Punishment classes and ranges
- Texas Civil Practice and Remedies Code Chapter 134: Texas Theft Liability Act
- Texas Penal Code Chapter 8: General defenses, including mistake of fact
- Texas Code of Criminal Procedure Chapter 39: Discovery of the state's evidence
- Texas Code of Criminal Procedure Chapter 55A: Expunction of criminal records
- Texas Government Code Chapter 411, Subchapter E-1: Orders of nondisclosure
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Orange 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 Orange, TX
Property cases overlap. Damage to property, fake documents and prior records all change how a theft case is charged. See the full criminal defense overview for Orange.
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 Orange Ask
Is shoplifting a felony in Orange, TX?
Texas has no separate shoplifting offense. Taking merchandise is charged as theft under Penal Code § 31.03, and the value sets the level. Under $100 is a Class C misdemeanor, $100 to $750 is Class B, and $750 to $2,500 is Class A. From $2,500 it becomes a state jail felony. Two prior theft convictions can make even a low value theft a state jail felony.
Do I have to pay a civil demand letter after a shoplifting arrest in Orange, TX?
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 sue for actual damages plus additional damages of up to $1,000. It is a civil claim, separate from the criminal case. Paying it does not dismiss the criminal charge, and not paying it is not a crime.
What is the difference between theft and theft of service in Orange County?
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 a rental, with the intent to avoid paying for it. Both use the same value ladder, from a Class C misdemeanor under $100 up to a first degree felony at $300,000 or more.
Can a theft charge in Orange, TX be kept off my record?
A theft charge that is dismissed or ends in acquittal can qualify for expunction, which destroys the arrest records. A theft charge resolved with deferred adjudication may qualify for an order of nondisclosure, which seals the record from most private background checks. A final theft conviction cannot be expunged, and eligibility for either remedy depends on the offense and the person's history.
Why is a theft conviction treated so seriously in Orange County?
Theft is a crime of moral turpitude, meaning it bears on honesty. A theft conviction can be used to impeach a witness in later court proceedings, and it appears on background checks run by employers, landlords and licensing agencies. Prior theft convictions also raise the level of any future theft charge under § 31.03(e).
Can several small thefts in Orange County be charged as one larger theft?
Under Penal Code § 31.09, amounts taken under one scheme or continuing course of conduct can be added together. Ten $90 takings from the same employer or store over several weeks could be charged as a single $900 theft, a Class A misdemeanor. Whether the state can show one scheme is a fact question the defense can contest.
Mitchell Law Firm, PLLC
Your Record Is Worth Protecting
A theft charge follows a person into every job application. The time to look at the evidence is before the case is resolved.
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