Theft and other charges
Dallas theft and shoplifting lawyer.
In Texas, the dollar value of what was taken decides almost everything. A small shoplifting case can be a fine-only ticket, and the same charge becomes a felony once you have two prior thefts. Theft also follows you, because employers and immigration officers read it as a crime of dishonesty. Before you pay a store's demand letter or accept any plea, call us: we look at the value, the video and how the stop happened, and we work to keep it off your record.
Right now
If you were just cited or arrested for theft.
- 01
Do not explain yourself to store security or police
Loss prevention and officers will ask what happened and may hand you a form to sign. You can give your name and ID, then say you want to talk to a lawyer. A quick written 'admission' is often the State's whole case.
- 02
Keep every paper you were given
The citation, the bond paperwork, any criminal trespass warning and anything the store mails you. They show the charge level, the court and your next date.
- 03
Do not pay the civil demand letter yet
Many stores mail a letter asking for money under Texas civil law. It is not a fine and not a court order, and paying it does not end the criminal case. Show it to us first.
- 04
Stay away from that store
If you were given a trespass warning, going back can bring a new criminal trespass charge in addition to the theft.
- 05
Call us before your first court date
Some first-time cases qualify for diversion programs that can end in a dismissal, but those options close once you plead. The consultation is free, in English or Spanish.
Key deadlines and numbers
- Under $100 taken
- Class C: fine up to $500, no jailSource: Tex. Penal Code 31.03
- $100 to under $750
- Class B: up to 180 days in jail and a $2,000 fineSource: Tex. Penal Code 12.22
- Two prior theft convictions
- A new theft of any amount can be a state jail felonySource: Tex. Penal Code 31.03(e)(4)
- Time the State has to file
- 2 years for misdemeanor theft, 5 years for felony theftSource: Tex. Code Crim. Proc. 12.01, 12.02
- What a store can sue for
- Its actual loss plus up to $1,000, and only if a court awards itSource: Tex. Civ. Prac. & Rem. Code 134.005
Texas law
How Texas law grades theft.
Texas folds shoplifting, theft by deception, receiving stolen property, theft of services and embezzlement into one offense: theft under Penal Code 31.03. The State has to prove you took property without the owner's effective consent and meant to keep the owner from it. The value of the property and your record set the level.
| Value taken | Offense level | Range of punishment |
|---|---|---|
| Under $100 | Class C misdemeanor | Fine up to $500. Class B if you have any prior theft conviction. |
| $100 to under $750 | Class B misdemeanor | Up to 180 days in county jail and up to $2,000 |
| $750 to under $2,500 | Class A misdemeanor | Up to 1 year in county jail and up to $4,000 |
| $2,500 to under $30,000 | State jail felony | 180 days to 2 years in a state jail and up to $10,000 |
| $30,000 to under $150,000 | Third degree felony | 2 to 10 years in prison and up to $10,000 |
| $150,000 to under $300,000 | Second degree felony | 2 to 20 years in prison and up to $10,000 |
| $300,000 or more | First degree felony | 5 to 99 years or life and up to $10,000 |
Amounts can be added together
When several thefts are part of one scheme or a continuing course of conduct, the State can add the values together. That is how a series of small cases becomes one felony.
Source: Tex. Penal Code 31.09Some victims and items raise the level
Theft from a person 65 or older, or by a public servant using the job, moves the charge up one level. Some property, like a firearm, makes the theft a state jail felony no matter what it is worth.
Source: Tex. Penal Code 31.03(e), (f)Burglary is a different, heavier charge
Going into a car, a building or a home to steal is burglary, not theft. Burglary of a vehicle is a Class A misdemeanor, of a building a state jail felony, and of a home a second degree felony.
Source: Tex. Penal Code 30.02, 30.04How we work
How we defend a theft charge.
Mr. Estrada reads your file and sets the strategy. Our team works the details with him, and you get updates in English or Spanish.
01
Get the full video and the register records
We ask for all of the store's camera footage, not only the clip loss prevention picked, plus the register, self-checkout and receipt data. A short clip often leaves out the part that helps you.
02
Test the value
The level depends on the fair market value when and where the property was taken, not the tag price on a new item or a replacement cost. Moving the value under a line can turn a felony into a misdemeanor.
03
Challenge intent
An item forgotten under the cart, a mistake at self-checkout, or a real dispute over who owned something is not theft. The State has to prove you meant to take it.
04
Check the stop and any statements
We look at how long you were held, what you were told, and whether any form or statement can be used against you. Texas law keeps out evidence gathered in violation of the law, even by private parties in some cases.
05
Push for diversion, dismissal or a clean outcome
Dallas County and other counties run pretrial diversion programs for many first-time cases. Finishing one can lead to a dismissal and later an expunction. When that is not available, we negotiate the charge and the record outcome, or take the case to trial.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“Olegario firm made me feel like I was at home. As soon as I walked in the receptionist was very kind and professional.”What a theft charge can do outside the courtroom.
- Will this affect my immigration status?
- Theft is usually treated as a crime involving moral turpitude. Texas deferred adjudication can count as a conviction for immigration, and a theft with a one-year sentence, even suspended, can be called an aggravated felony. If you are not a U.S. citizen, tell us before any plea.
- What about my job or my license?
- Employers read theft as dishonesty. Nurses, teachers, security officers and other people licensed by the state may have to report it. Keeping the case off your record is often the most important goal.
- Can this come off my record later?
- A dismissed case can often be expunged. A theft that ends in deferred adjudication, and even some misdemeanor convictions, may qualify for an order of nondisclosure after a waiting period. How the case ends today decides which door stays open.
Dallas and Odessa
Theft cases in Dallas County and Ector County.
People arrested for theft in Dallas are usually booked at the Lew Sterrett Justice Center downtown. Class C tickets go to municipal or justice of the peace court. Class B and A cases go to the County Criminal Courts, and felonies to the Criminal District Courts, at the Frank Crowley Courts Building on Riverfront Boulevard. In Odessa, cases run through the Ector County jail and courthouse. We handle all of these from our offices on Jefferson Boulevard in Oak Cliff and on Diego Road in Odessa.
FAQ
Questions people ask.
Is shoplifting a felony in Texas?
Usually not. Most shoplifting cases are Class C, B or A misdemeanors depending on the value. It becomes a felony at $2,500 or more, with certain items like a firearm, or when you already have two theft convictions.
Do I have to pay the store's civil demand letter?
The letter is a demand, not a court order. Texas law lets a store sue for its actual loss plus up to $1,000, but paying does not dismiss the criminal case and not paying is not a crime. Show the letter to a lawyer before you decide.
Can a first-time theft charge be dismissed?
Sometimes. Many counties offer pretrial diversion for first-time cases, and weak proof of intent or value can lead to a dismissal. Every case is different, so we look at the facts before we talk about outcomes.
Will a theft charge affect my green card or citizenship?
It can. Theft is often treated as a crime involving moral turpitude, and Texas deferred adjudication can count as a conviction for immigration. We handle the criminal case with that in view and work with immigration counsel when needed.
What is the difference between theft, robbery and burglary?
Theft is taking property. Robbery is theft with force or a threat against a person, and it is always a felony. Burglary is entering a home, building or car to commit a crime. The penalties are very different, so the exact charge matters.
How much does it cost to hire you for a theft case?
The first consultation is free. We discuss the fee and payment options up front, before you hire us, so you know what to expect.
Related situations
- Felonies and misdemeanors
- Immigration consequences of a charge
- Clear your record
- Jail release, bond and warrants
- Juvenile defense
- All: State Criminal Defense
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
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Oak Cliff and Odessa.
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Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.