Theft and Burglary

Texas Theft and Burglary Defense: Protect Your Freedom and Your Future

A theft or burglary accusation can put more than your freedom at risk. It can threaten your reputation, your career, and opportunities you have worked hard to build. Whether the allegation involves shoplifting, disputed business property, or entering someone's home without permission, you deserve a defense based on the evidence and the circumstances of your case.

An arrest does not establish guilt. The prosecution must prove every element of the charged offense beyond a reasonable doubt.

Attorney Lori Laird is a former police officer and trial lawyer who represents people facing criminal charges. Her background provides insight into police investigations, evidence collection, and the assumptions that may shape a case from the beginning.

If you are under investigation or have been charged with theft or burglary, call 832-699-1966 to schedule a confidential consultation.

What Is Theft Under Texas Law?

Texas law generally defines theft as unlawfully appropriating property with the intent to deprive its owner of that property. This can include taking property without effective consent or acquiring property knowing someone else stole it.

Theft allegations can arise from shoplifting, workplace transactions, disputed purchases, or possession of allegedly stolen goods. The prosecution must establish the required conduct and intent—not simply that property is missing or that someone has accused you.

Is Theft a Misdemeanor or a Felony?

The value of the property often determines the ordinary offense level:

Alleged property value	General theft classification
Less than $100	Class C misdemeanor
$100 to less than $750	Class B misdemeanor
$750 to less than $2,500	Class A misdemeanor
$2,500 to less than $30,000	State jail felony
$30,000 to less than $150,000	Third-degree felony
$150,000 to less than $300,000	Second-degree felony
$300,000 or more	First-degree felony

These are general value-based classifications. Prior theft convictions, the type of property, and other statutory circumstances can change the offense level. Certain thefts can be felonies regardless of the property's dollar value.

The claimed value deserves scrutiny. Receipts, condition, age, market value, and the method used to calculate the alleged loss may affect the prosecution's valuation.

Potential Penalties for Theft and Burglary

Texas punishment ranges depend on the offense classification:

Classification	Ordinary confinement range	Maximum fine
Class C misdemeanor	No jail sentence for the offense	$500
Class B misdemeanor	Up to 180 days in county jail	$2,000
Class A misdemeanor	Up to one year in county jail	$4,000
State jail felony	180 days to two years in state jail	$10,000
Third-degree felony	Two to ten years in prison	$10,000
Second-degree felony	Two to twenty years in prison	$10,000
First-degree felony	Five to ninety-nine years, or life, in prison	$10,000

These ranges describe ordinary statutory exposure. Enhancements and other provisions may change the applicable punishment. Eligibility for probation or another disposition requires a separate review of the charge and your circumstances.

What Is Burglary in Texas?

Burglary is a separate offense from theft. Under Texas law, it can involve entry without effective consent with intent to commit a felony, theft, or assault; remaining concealed with that intent; or entry followed by committing or attempting one of those offenses.

A completed theft is not required in every burglary case.

Depending on the applicable provision:

• Burglary of a building other than a habitation is generally a state jail felony.

• Burglary of a habitation is generally a second-degree felony.

• Certain habitation burglaries involving a felony other than felony theft can be first-degree felonies.

Statutory exceptions and enhancements may change these classifications.

Burglary does not always require a broken window, damaged door, or forced entry. Permission, the nature of the premises, and the alleged intent can be central issues.

Burglary of a Vehicle

Burglary of a vehicle generally involves breaking into or entering a vehicle without effective consent with intent to commit theft or a felony. It is ordinarily a Class A misdemeanor, although qualifying prior convictions and other circumstances can increase the offense level.

These cases may turn on surveillance footage, identification evidence, fingerprints, witness accounts, and whether the prosecution can establish the accused person's intent.

Shoplifting and Retail Theft Allegations

Shoplifting cases can involve disputed self-checkout transactions, alleged concealment, switched tags, or merchandise that a store claims was not paid for.

An accusation may feel especially intimidating when store employees say they have video or insist that signing a statement will resolve the situation. Obtain legal advice before making admissions or signing documents about the alleged offense.

A defense review may examine:

• Complete surveillance footage, including events before and after the alleged theft.

• Receipts and transaction records.

• Self-checkout activity and any reported equipment problems.

• Employee observations and written reports.

• Whether the evidence identifies the correct person.

• Whether the circumstances support the required intent.

An overlooked item or checkout dispute must be evaluated on its facts. It should not automatically be treated as proof of intentional theft.

When a Property Dispute Becomes a Criminal Accusation

Theft allegations sometimes arise from disagreements between business partners, former employees, relatives, roommates, or former romantic partners.

The dispute may concern who owned an item, who had permission to use it, whether money was authorized, or what the parties agreed to do.

Not every broken agreement establishes a crime. At the same time, describing a transaction as a “civil dispute” does not automatically prevent prosecution.

Lori Laird can review contracts, messages, payment records, ownership documents, and the surrounding circumstances to evaluate whether the evidence supports a criminal charge.

Building a Defense to Theft or Burglary Charges

The appropriate defense depends on what the prosecution alleges and what the evidence actually establishes. Issues that may require investigation include:

Identity and Identification

Was the correct person identified? Poor-quality video, incomplete descriptions, and uncertain eyewitness accounts deserve careful examination.

Intent and Knowledge

Does the evidence establish the required criminal intent? Did the accused know property was stolen, understand that permission had been withdrawn, or intend to deprive an owner of property?

Consent and Authority

Was there permission to possess the property or enter the premises? Who had authority to grant permission, and what did that permission cover?

Ownership and Possession

Who had the relevant ownership or possessory rights? Competing claims should be evaluated through documents and evidence rather than assumptions.

Property Value

Does the evidence support the alleged value and resulting charge level? The prosecution's loss figure should be checked against the applicable valuation rules.

Police Procedures and Admissibility

Were statements, searches, seizures, and identification procedures handled lawfully? When appropriate, the defense may challenge the use of evidence obtained in violation of your rights.

A strong defense starts with a detailed investigation. Lori Laird evaluates the strengths and weaknesses of the case to determine whether to seek dismissal, challenge evidence, negotiate a resolution, or prepare for trial.

Consequences Beyond Jail or Prison

A theft or burglary case can create concerns involving employment, professional licensing, housing applications, and other background checks. Theft accusations may be especially damaging in positions that involve money, inventory, confidential information, or access to customers' property.

For noncitizens, certain criminal dispositions may also carry immigration consequences that require specific advice before a plea.

Any proposed resolution should be evaluated for its immediate penalties and its effect on your future. Avoiding jail is only one part of that review.

What to Do If You Are Accused

1. Speak with a criminal defense attorney promptly. Early advice can help you respond to an investigation and preserve useful evidence.

2. Preserve relevant records. Keep receipts, messages, contracts, photographs, payment records, and witness information.

3. Do not delete or alter evidence. Give your attorney complete records, including material you think may be unfavorable.

4. Avoid discussing the allegations online. Posts and messages may become evidence.

5. Obtain advice before giving a detailed statement. This includes statements to investigators, store personnel, employers, or insurance representatives.

6. Follow bond conditions and attend court settings. Address any uncertainty with your attorney immediately.

Frequently Asked Questions

Will returning the property make the charge go away?

Returning property or paying for an alleged loss does not automatically end a criminal case. Restitution may be relevant to negotiations or sentencing, but it does not guarantee dismissal.

Consult your attorney before contacting the complaining party or arranging repayment.

Can I be charged with burglary if nothing was stolen?

Yes. Depending on the applicable burglary provision, the prosecution may allege entry with the required criminal intent even when no theft was completed. The evidence supporting that intent remains an important defense issue.

Can a first-time offender avoid a conviction?

Depending on the charge, criminal history, evidence, and local program requirements, options may include diversion, deferred adjudication, or another negotiated disposition. These options are not available or appropriate in every case.

Each option should be reviewed for its requirements and record consequences before you agree to it.

Can the record be cleared afterward?

Possibly, depending on how the case ends and whether statutory eligibility requirements are met. A dismissal, acquittal, conviction, and deferred adjudication can have different consequences.

Expunction and nondisclosure are separate remedies. Neither should be assumed to happen automatically.

Should I speak with police to explain my side?

Obtain legal advice before participating in questioning about the alleged offense. Your attorney can evaluate whether and how to present helpful information while protecting your rights.

Experienced Defense for Theft and Burglary Charges

You deserve an attorney who will investigate the allegations, challenge unsupported assumptions, and explain your options clearly. Lori Laird combines her experience as a former police officer with her work as a trial lawyer to develop a defense suited to your case.

She represents clients in Harris, Galveston, Fort Bend, Brazoria, and Chambers counties, as well as other Texas communities by arrangement.

Call 832-699-1966 to schedule a confidential consultation with the Texas Law Hero about your theft, burglary, or related property crime charge.

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