Skilled Theft Defense Attorneys in San Antonio, Texas
A theft charge in Texas can have serious legal and personal consequences, even for first-time offenders. A conviction can result in jail time, heavy fines, a permanent criminal record, and difficulty securing employment, housing, or professional licenses. In Texas, theft-related offenses range from petty theft to felony-level grand theft and burglary, and each carries harsh penalties depending on the value of the stolen property and the circumstances of the alleged crime.
At Peek Law Group, our Board Certified criminal defense lawyers in San Antonio have successfully defended individuals throughout Texas against theft charges since 1996. We understand that misunderstandings, false accusations, and mistakes happen, and we are committed to protecting your rights, reputation, and freedom.
Whether you have been accused of shoplifting, burglary, or financial fraud, we will build a strategic, aggressive defense to fight the charges against you. Call Peek Law Group at (512) 399-2311 or complete our online contact form today to schedule a confidential consultation with an experienced Bexar County theft defense attorney.
What is Considered Theft Under Texas Law?
In Texas, theft is defined under Texas Penal Code § 31.03 as unlawfully taking someone else’s property with the intent to deprive the owner of it. Theft can occur in various ways, including shoplifting, writing bad checks, or failing to return borrowed property.
The prosecution must prove:
- You knowingly took property belonging to another person.
- You intended to deprive the owner of the property permanently.
- You did not have the owner’s consent to take or keep the property.
Theft crimes range in severity based on the value of the stolen property and whether force or fraud was involved. However, even a minor theft conviction can stay on your criminal record permanently, affecting your ability to find a job, rent an apartment, or obtain a professional license. Contact our San Antonio theft defense lawyers at Peek Law Group immediately for a strong legal defense if you face theft charges.
What are the Most Common Types of Theft Charges in Texas?
At Peek Law Group, we represent clients facing a broad range of theft-related offenses in Texas, including:
Shoplifting is one of the most common theft crimes, but it can still result in criminal charges and civil penalties. Charges depend on the value of the stolen merchandise and whether there are prior convictions.
You may face theft charges if you write a check knowing insufficient funds. If the amount is over a certain threshold, the charge can be escalated to a felony.
Burglary is entering a building or home with intent to commit theft, assault, or another crime. This charge is far more serious than simple theft, as it involves unlawful entry and is often charged as a felony.
- Robbery and Aggravated Robbery
Robbery occurs when theft is committed with force, threats, or injury. Aggravated robbery is a felony offense and carries severe prison sentences if a weapon is used or someone is injured.
Stealing a motor vehicle is a felony in Texas, with penalties depending on the value of the vehicle and whether violence or fraud was involved.
- Employee Theft (Embezzlement)
Embezzlement refers to stealing money or property from an employer. If the amount stolen is substantial, you may face felony charges and serious financial penalties.
- Identity Theft and Credit Card Fraud
Using someone else’s personal information or credit card without permission is considered fraud and theft in Texas. These cases often involve federal charges in addition to state penalties.
The severity of a Texas theft charge depends on factors such as the value of the stolen property, whether force or deception was involved, and any prior criminal history. While some theft-related offenses are misdemeanors, others can lead to felony convictions with severe penalties. Contact our San Antonio theft defense attorneys at Peek Law Group today for a confidential case evaluation.
What are the Penalties for Theft Crimes in Texas?
Theft penalties are based on the value of the stolen property and whether aggravating factors were involved.
| Stolen Property Value |
Charge Level |
Penalties |
| Less than $100 |
Class C Misdemeanor |
Fine up to $500 |
| $100 – $750 |
Class B Misdemeanor |
Up to 180 days in jail, $2,000 fine |
| $750 – $2,500 |
Class A Misdemeanor |
Up to 1 year in jail, $4,000 fine |
| $2,500 – $30,000 |
State Jail Felony |
6 months – 2 years in state jail, $10,000 fine |
| $30,000 – $150,000 |
Third-Degree Felony |
2-10 years in prison, $10,000 fine |
| $150,000 – $300,000 |
Second-Degree Felony |
2-20 years in prison, $10,000 fine |
| More than $300,000 |
First-Degree Felony |
5-99 years in prison, $10,000 fine |
If weapons, violence, or fraud were involved, the charge could be upgraded to a more serious felony.
What are the Most Common Defenses Against Theft Charges in Texas?
At Peek Law Group, we understand that not every theft charge is valid. Many theft accusations result from misunderstandings, false allegations, or mistaken identity. Our experienced San Antonio theft defense attorneys use proven legal strategies to fight these charges.
Common defenses against theft charges in Texas may include, but are not limited to:
- Lack of Intent – The prosecution must prove you intended to steal. Charges may be dropped if you mistakenly took an item or had permission.
- Mistaken Identity – We can challenge the evidence if witnesses or surveillance footage are unreliable.
- False Accusations – Theft charges often arise from personal disputes, misunderstandings, or revenge claims.
- Illegal Search and Seizure – If law enforcement violated your rights during the arrest, we can file a motion to suppress evidence.
- Insufficient Evidence – The charges may be dismissed if the prosecution cannot prove ownership, intent, or criminal conduct.
A theft conviction can have long-term consequences, but being charged does not mean you will be convicted. At Peek Law Group, we provide aggressive, strategic defense representation for clients facing misdemeanor and felony theft charges. Our board-certified criminal defense attorneys in San Antonio are ready to fight for your rights and protect your future.
Do not face theft charges alone. Call Peek Law Group at (512) 399-2311 or complete our online contact form to schedule a confidential consultation today. Let us build a strong defense for you.
Can a Texas Theft Charge Be Reduced or Dismissed?
Facing a theft charge in Texas can be overwhelming, but it does not necessarily mean you will be convicted. Depending on your case’s circumstances, the property’s value, and your prior criminal history, a theft charge may be reduced to a lesser offense or dismissed entirely. Courts may consider lack of evidence, mitigating factors, or alternative sentencing programs when deciding whether to lower or drop the charges.
At Peek Law Group, our board-certified criminal defense attorneys in San Antonio have successfully helped clients avoid harsh penalties, reduce felony charges to misdemeanors, and secure dismissals. We know how to negotiate with prosecutors, challenge weak evidence, and advocate for alternatives to jail time.
Can I Have a Theft Charge Expunged from My Record?
A theft charge on your criminal record can have lasting consequences, affecting your ability to get a job, rent an apartment, or apply for professional licenses. However, in some cases, you may be eligible for expungement or record sealing (nondisclosure), which can remove or limit access to your record.
At Peek Law Group, we help individuals determine whether they qualify for expungement or nondisclosure and handle the legal process to ensure their records are cleared as quickly as possible.
You may be eligible for expungement if:
- Your theft charges were dismissed with no conviction.
- You were arrested but never formally charged with theft.
- You were found not guilty (acquitted) at trial.
- You completed a pretrial diversion program, and the case was dismissed.
- You received a pardon for a past conviction.
If you qualify, all records related to the charge—including arrest reports, court records, and case files—are permanently destroyed.
When Can a Theft Charge Be Sealed Through an Order of Nondisclosure?
If you do not qualify for expungement, you may still be eligible for an order of nondisclosure, which seals your record from public access but keeps it available to law enforcement and government agencies.
You may qualify for nondisclosure if:
- You completed deferred adjudication for a theft charge.
- You fulfilled all sentencing requirements, including probation, fines, or restitution.
- You have no subsequent criminal convictions.
Unlike expungement, nondisclosure does not erase your record but prevents most employers and landlords from seeing it.
Why You Need an Attorney for Expungement in Texas
Expungement laws in Texas are complicated, and one small mistake in the filing process can delay or result in a denial.
Our experienced attorneys can:
- Ensure all documents are correctly filed.
- Handle any objections from the court or law enforcement.
- Follow up to confirm that records are appropriately expunged or sealed.
A theft charge does not have to follow you for life. If you are eligible for expungement or record sealing, we can help you take the necessary steps to protect your future. At Peek Law Group, we help clients remove theft charges from their records by ensuring the process is handled efficiently and correctly.
Our Skilled San Antonio Criminal Defense Lawyer Represents Clients in the Following Practice Areas:
Contact Our Theft Defense Attorneys in San Antonio, Texas Today
A theft charge does not have to define your future. At Peek Law Group, we provide aggressive legal defense to protect your freedom, reputation, and record. Whether you are facing a misdemeanor or felony theft charge, our board-certified criminal defense attorneys have the experience to fight for the best possible outcome.
Do not face theft charges alone. Call Peek Law Group at (512) 399-2311 or complete our online contact form to schedule a confidential consultation today. Let us help you protect your future.
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