How Merchandise Value Affects a Texas Theft Charge
Texas Penal Code Chapter 31 classifies theft primarily by the value of the property allegedly taken. Unless another statutory provision applies, the general theft-by-value levels are:
Texas theft charge levels:
- Under $100: Class C misdemeanor
- $100 to under $750: Class B misdemeanor
- $750 to under $2,500: Class A misdemeanor
- $2,500 to under $30,000: State jail felony
- $30,000 to under $150,000: Third-degree felony
- $150,000 to under $300,000: Second-degree felony
- $300,000 or more: First-degree felony
Prior theft convictions can raise the charge level. An allegation involving property worth less than $100 is generally a Class B misdemeanor when the accused has a prior theft conviction. An allegation below $2,500 can become a state jail felony when the accused has two or more prior theft convictions.
Other statutes may apply to conduct intended to shield merchandise from retail detectors or deactivate alarms. Organized retail theft allegations can involve receiving, concealing, storing, selling, or otherwise handling stolen merchandise. Texas law may aggregate the value of qualifying conduct within a 180-day period. A person’s alleged role or actions involving security responses can also affect punishment.
How We Review Store & Police Evidence
The prosecution must establish more than the presence of unpaid merchandise. Theft generally requires unlawful appropriation with intent to deprive the owner of property. In this context, appropriation means acquiring or exercising control over the merchandise.
Our attorneys examine whether the evidence supports the required intent, identifies the accused, and establishes the stated merchandise value. Our backgrounds in law enforcement, criminal prosecution, municipal judging, and criminal district court magistrate service inform how we evaluate reports and competing accounts.
Our investigation may examine:
- Surveillance footage: Whether the recording is complete, clear, and consistent with the written store report.
- Self-checkout activity: Whether scan records, payment information, item placement, and the surrounding circumstances indicate an intentional act or an error.
- Merchandise value: Whether receipts, inventory records, price information, and the property’s condition support the alleged amount.
- Identification: Whether witnesses and video reliably connect the accused to the alleged conduct.
- Statements: Who obtained a statement, what was said, how it was documented, and whether reports accurately describe the surrounding circumstances.
- Evidence handling: How store personnel and police collected, preserved, and documented physical or digital evidence.
We conduct an independent investigation on every file. When the facts call for outside assistance, we can work with independent investigators, forensic professionals, and technical witnesses to examine disputed evidence or procedures.
From Evidence Review to Negotiations & Trial Preparation
We review the accusation, gather available records, communicate with prosecutors, appear in court, evaluate negotiated resolutions, and prepare motions or trial arguments when supported by the facts. The available options depend on the charge, criminal history, evidence, court procedures, and information developed during our investigation.
Juan Carlos Hernández and Christine Dauphin Hernández bring more than 40 years of combined legal practice to our criminal defense work. Clients receive direct attorney access and clear updates about the current posture of the case and the decisions ahead.
We also discuss potential record consequences and concerns involving employment, education, professional licensing, housing, immigration, or background checks. Eligibility for deferred adjudication, diversion, expunction, or nondisclosure depends on Texas law, case history, the court, and the eventual disposition. We don’t assume a particular option is available before reviewing those details.
Our attorneys represent clients in misdemeanor and felony proceedings and provide legal guidance in English and Spanish. We prepare each case based on its facts rather than pressuring clients toward a quick plea.
Discuss the Accusation Before Your Court Date
We offer a free initial consultation to review the alleged conduct, charge level, court dates, evidence, and potential defense issues. Bring any citation, bond paperwork, court notice, police document, store correspondence, receipt, or other record connected to the allegation.
Our firm, Hernández Dauphin Legal, P.C., represents clients throughout Bexar County and serves additional South Texas counties from San Antonio. Consultations and criminal defense representation are available in English and Spanish.
Call (210) 970-7019 to discuss the theft charge, your court paperwork, and the next steps in the defense process.