Austin Theft Lawyer
Protecting your freedom, record, and professional licenses against shoplifting, grand larceny, embezzlement, and felony property thresholds.
What the Charge Means in Texas
Under Texas Penal Code Section 31.03, theft occurs when a person unlawfully appropriates property with intent to deprive the owner of it. Theft offenses range from Class C misdemeanor shoplifting to first-degree felony grand theft, categorized strictly by the monetary value of property involved.
Possible Consequences in Plain Language
- Class C Misdemeanor (under $100): fine up to $500, but creates a permanent criminal record of moral turpitude.
- Class B Misdemeanor ($100 to $750): up to 180 days in jail and fines up to $2,000.
- Class A Misdemeanor ($750 to $2,500): up to 1 year in jail and fines up to $4,000.
- State Jail Felony ($2,500 to $30,000): 180 days to 2 years in state jail facility.
- Third to First-Degree Felonies (above $30,000): 2 to 99 years in Texas Department of Criminal Justice.
- Theft convictions automatically disqualify individuals from many state professional licenses, nursing credentials, and financial positions.
How Ruben Defends These Cases
1. Challenging Intent to Deprive
The State must prove you intentionally deprived the owner. Misunderstandings, disputed ownership, and lack of criminal intent defeat the charge.
2. Disputing Valuation Thresholds
Prosecutors frequently rely on retail price or replacement cost rather than fair market value to bump a misdemeanor into a felony. We contest the valuation.
3. Restitution & Pre-Trial Dismissal Negotiation
For first-time or retail cases, negotiating early civil compromise or restitution agreements can secure complete criminal dismissal.
4. Protecting Professional Standing & Record Sealing
Because theft is classified as a crime of moral turpitude, our focus is structured dismissals that preserve your career and permit expunction.
Frequently Asked Questions
What is a crime of moral turpitude in Texas?
A crime of moral turpitude involves dishonesty or deceit. Theft convictions at any level are deemed crimes of moral turpitude, which can bar you from employment, cause immediate immigration deportability, and disqualify you from holding professional licenses.
Can retail shoplifting charges in Austin be dismissed?
Yes. Many first-time retail theft charges in Austin can be resolved through merchant restitution, community service, theft diversion classes, or deferred disposition resulting in dismissal.
How do Texas courts determine the value of stolen property?
Under Texas Penal Code § 31.08, value is defined as the fair market value at the time and place of the offense. If fair market value cannot be determined, it is the cost of replacement. Challenging valuation is a vital defense tool.
What is the difference between theft and robbery in Texas?
Theft involves taking property without consent. Robbery involves theft coupled with bodily injury, threat of injury, or placing someone in fear of imminent injury, escalating the offense to a Second-Degree Felony.
Can I get a theft charge removed from my record later?
If your theft charge is dismissed or you are acquitted, you may be eligible for an Expunction (complete record erasure). If resolved via deferred adjudication, an Order of Nondisclosure may be available.
Discuss Your Case With Attorney Ruben Baeza Jr.
Confidential case review. Speak directly with our Austin office to understand your defense options and court dates.