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From Shoplifting to Felony Burglary. Every Charge Has to Be Proven.
Theft and property crimes cover a wide range of alleged conduct, from misdemeanor shoplifting to felony accusations involving burglary, fraud, and criminal mischief. Each offense carries its own elements, and what the State must prove depends on the specific charge.
Some offenses require proof of intent to take or deprive the owner of property. Others turn on consent, the circumstances of entry, or the defendant’s purpose at a specific moment. In every case, the State bears the burden of proving each required element beyond a reasonable doubt, and the facts surrounding the alleged conduct deserve thorough examination before any conclusions are accepted.
At Denuna & Westbrook, PLLC, we represent individuals facing theft and property crime charges throughout Houston and the Gulf Coast region.
Theft and related offenses may involve the unlawful taking, unauthorized access, or unauthorized use of another person’s property. What distinguishes these charges is the nature of the alleged conduct, the location, and the accused’s intent.
Under Texas Penal Code Section 31.03, Theft occurs when a person unlawfully appropriates property with intent to deprive the owner of it. The charge depends on the value of the property involved:
| Property Value | Classification |
| Under $100 | Class C misdemeanor |
| $100 to $750 | Class B misdemeanor |
| $750 to $2,500 | Class A misdemeanor |
| $2,500 to $30,000 | State Jail Felony |
| $30,000 to $150,000 | Third-Degree Felony |
| $150,000 to $300,000 | Second-Degree Felony |
| Over $300,000 | First-Degree Felony |
Each value threshold presents a potential defense issue. Challenging the State’s valuation may reduce the classification and potential punishment.
Robbery is a hybrid of theft and assault. It’s not a pure property offense or a pure violent offense. Under Texas Penal Code Section 29.02, Robbery occurs when a person, in the course of committing theft, intentionally or knowingly causes bodily injury to another person, or threatens or places another person in fear of imminent bodily injury or death. Robbery is a Second-Degree Felony carrying two to twenty years in prison.
Aggravated Robbery under Texas Penal Code Section 29.03 elevates the charge to a First-Degree Felony carrying five to ninety-nine years or life in prison. The aggravating factors include using or exhibiting a deadly weapon, causing serious bodily injury, or when the alleged victim is 65 years of age or older or disabled.
Because Robbery combines elements of theft and assault, the defense must examine both sides of the charge. The relationship between the parties, what actually occurred, and whether the evidence proves the alleged force or threat are all important issues.
Under Texas Penal Code Section 30.02, Burglary of a Habitation may involve entering a habitation without the owner’s consent with intent to commit a felony, theft, or assault; remaining concealed inside with that intent; or entering and then committing or attempting to commit one of those offenses. A habitation includes a house, apartment, mobile home, or other structure or vehicle adapted for overnight accommodation.
Burglary of a Habitation is generally a Second-Degree Felony. It may become a First-Degree Felony if the accused entered with intent to commit, or committed or attempted to commit, a felony other than felony theft.
Burglary does not require forced entry or a completed offense. Under Texas law, entry may occur when any part of the body – or an object connected to the body – crosses into the habitation. The State must still prove the accused’s intent or conduct inside, and that proof often depends on circumstantial evidence.
The defense examines the circumstances surrounding the entry, the relationship between the parties, prior communications, consent, and whether the evidence actually supports the alleged intent.
Burglary does not require a forced entry—or that anything actually be stolen. The charge may rest entirely on what the State claims the accused intended at the time of entry.
Under Texas Penal Code Section 30.02, Burglary of a Building may involve entering a building without consent with intent to commit a felony, theft, or assault; remaining concealed inside with that intent; or entering and committing or attempting to commit one of those offenses. The charge generally applies to commercial and other non-residential structures and is a State Jail Felony. Public access, authorization, and the accused’s intent or conduct inside are important defense issues.
Under Texas Penal Code Section 30.04, Burglary of a Vehicle involves breaking into or entering a vehicle without the owner’s effective consent and with intent to commit a felony or theft. A first offense is generally a Class A misdemeanor, although prior convictions and certain circumstances may elevate the charge to a felony. The defense examines consent, the circumstances of the alleged entry, identification of the accused, and the evidence offered to prove criminal intent.
Under Texas Penal Code Section 31.07, a person commits Unauthorized Use of a Motor Vehicle, commonly called UUMV, by intentionally or knowingly operating another person’s vehicle without the owner’s effective consent. UUMV is a State Jail Felony punishable by 180 days to two years in a State Jail Facility and a fine of up to $10,000.
Unlike Theft, UUMV does not require proof that the accused intended to permanently deprive the owner of the vehicle. However, the State must still prove the accused knew the vehicle was being operated without the owner’s effective consent. That issue is often more complicated than it initially appears.
Disputes over consent frequently arise when:
In these situations, the defense must examine the history between the parties, prior use of the vehicle, text messages and other communications, the circumstances under which the keys were provided, and any restrictions placed on the vehicle’s use. The State must prove more than a lack of permission. It must prove the accused intentionally or knowingly operated the vehicle without effective consent.
The offenses in this section concern damage to property, unauthorized markings, or entering or remaining on property without consent. Each charge contains different elements and raises its own defense issues.
Under Texas Penal Code Section 28.03, Criminal Mischief involves intentionally or knowingly damaging or destroying another person’s tangible property without their consent. The statute covers conduct such as keying a vehicle, breaking windows, cutting utility lines, or damaging property during a domestic or business dispute.
Similar to theft, the punishment range depends on the amount of pecuniary loss:
| Pecuniary Loss | Classification |
| Under $100 | Class C misdemeanor |
| $100 to $750 | Class B misdemeanor |
| $750 to $2,500 | Class A misdemeanor |
| $2,500 to $30,000 | State Jail Felony |
| $30,000 to $150,000 | Third-Degree Felony |
| $150,000 to $300,000 | Second-Degree Felony |
| Over $300,000 | First-Degree Felony |
The State must prove that the accused acted intentionally or knowingly; accidental damage is not enough. The defense should examine how the damage occurred, who caused it, how the alleged loss was calculated, and whether the evidence establishes the required mental state.
Under Texas Penal Code Section 28.08, Graffiti occurs when a person, without the owner’s effective consent, intentionally or knowingly marks another person’s property with paint, an indelible marker, or an etching or engraving device. The prohibited markings may include inscriptions, slogans, drawings, or paintings.
The classification ordinarily follows the same pecuniary-loss scale used for Criminal Mischief, ranging from a Class C misdemeanor to a First-Degree Felony. Special rules apply when the property is a school, college, place of worship or burial, public monument, or qualifying community center. In those cases, a loss between $750 and $30,000 makes the offense a State Jail Felony.
The defense should examine identification, consent, the accused’s intent, the nature of the alleged markings, and how the cost of repair or restoration was calculated.
Under Texas Penal Code Section 30.05, Criminal Trespass involves entering or remaining on property without effective consent after receiving notice that entry was forbidden or departure was required. This is a Class B misdemeanor in most circumstances, although certain locations and circumstances can elevate the charge. Notice and consent are the main defense issues in these cases.
Forgery and fraud cases often turn on more than whether a document, card, check, or identifying information was used. Depending on the charge, the State may have to prove knowledge, lack of authorization, deception, or an intent to defraud or harm another person. Disputed permission, incomplete financial records, business disagreements, and questions about what the accused knew are often central to the defense.
Chapter 32 of the Texas Penal Code addresses offenses based on allegedly fraudulent documents, financial transactions, and identifying information. Tampering with a Governmental Record is separately addressed under Chapter 37.
Under Texas Penal Code Section 32.21, Forgery occurs when a person creates, alters, completes, executes, or passes a writing so that it appears to have been authorized by someone who did not authorize it, with intent to defraud or harm another person.
The offense is generally a Class A misdemeanor but becomes a felony when certain documents are at issue. Forgery of checks, credit cards, deeds, wills, contracts, or similar commercial instruments is generally a Third-Degree Felony. Money, securities, and certain government records may support a Second-Degree Felony charge. Authorization, knowledge, and intent are often the central defense issues.
Under Texas Penal Code Section 32.46, a person may be charged with using deception, with intent to defraud or harm, to cause someone to sign or execute a document affecting property, services, or a financial interest.
The classification depends on the value affected and may range from a misdemeanor to a First-Degree Felony. The defense should examine what representations were made, whether they were actually deceptive, and whether the accused possessed the required intent.
Credit card or debit card abuse covers several forms of allegedly unauthorized or fraudulent card activity under Texas Penal Code Section 32.31. Examples include using a card without the cardholder’s effective consent, possessing a card known to be stolen, or using fictitious card information to obtain property or services.
This offense is generally a State Jail Felony but may be enhanced if the alleged victim is 65 of years of age or older. Consent, authorization, possession, identity, and what the accused knew about the card are important defense issues.
Often called identity theft, this offense prohibits obtaining, possessing, transferring, or using another person’s identifying information without consent and with intent to harm or defraud. Under Texas Penal Code § 32.51, identifying information may include a person’s name, date of birth, Social Security number, financial account information, or biometric data.
The offense ranges from a State Jail Felony to a First-Degree Felony, primarily based on the number of items attributed to the accused. The defense should examine how the information was obtained, whether its use was authorized, and whether the State can establish fraudulent intent.
Under Texas Penal Code Section 32.41, a person may be charged with issuing or passing a check while knowing there are insufficient funds to cover it. The offense is a Class C misdemeanor, except when the check was issued to pay court-ordered child support, which elevates it to a Class B misdemeanor.
If the State alleges the check was used to obtain property or services through deception, the conduct may also support a theft charge classified according to value. The defense may turn on what the accused knew, the timing of the transaction, and the circumstances surrounding the insufficient funds.
Under Texas Penal Code Section 37.10, Tampering with a Governmental Record prohibits several forms of conduct, including knowingly making a false entry in a governmental record, using a record known to be false, destroying or concealing a record, or possessing one with intent that it be used unlawfully.
The offense is generally a Class A misdemeanor and may become a State Jail Felony when committed with intent to defraud or harm. Certain records carry higher penalties. Tampering with specified public school records or particular government-issued documents, such as licenses, certificates, permits, seals, and titles, is a Third-Degree Felony and may become a Second-Degree Felony if committed with intent to defraud or harm another person.
The defense should examine who prepared the record, what the accused knew, why it was submitted or altered, and whether the required intent can be proven. In certain cases, Texas law also provides a defense when the false information could have had no effect on the government’s purpose for requiring the record.
Prior convictions can substantially increase the potential punishment for theft and other property-related offenses. For example, a theft involving property valued below $2,500 may be charged as a State Jail Felony when the accused has two or more prior theft convictions. Prior convictions can also enhance Burglary of a Vehicle and may increase the punishment range for other felony charges under Texas repeat-offender laws. The current charge cannot be evaluated in isolation; the accused’s complete criminal history may affect the true exposure.
The consequences may also extend beyond jail, probation, or fines. A conviction for theft, fraud, burglary, or another property offense may affect employment, professional licensing, immigration status, housing, and future background checks. Charges involving fraud or dishonesty can be especially damaging to professional opportunities and personal reputation. These consequences should be carefully considered before accepting any negotiated resolution or plea.
Theft and property crime cases frequently turn on intent and consent. Property may change hands because of a misunderstanding, disputed ownership, prior authorization, or a genuine mistake. Depending on the charge, the State may have to prove an intent to deprive, defraud, damage property, or commit another offense, or that the accused knowingly acted without effective consent. The required mental state cannot be assumed from the accusation alone.
Valuation is another important issue. The alleged value determines whether a theft charge is a misdemeanor or felony, but retail price, replacement cost, and fair market value are not always the same. Challenging an unsupported valuation may reduce the classification and potential punishment.
In some cases, restitution can also affect negotiations with the prosecution. Whether restitution is appropriate, the amount claimed, and the timing of any payment should be carefully evaluated as part of the overall defense strategy.
Chris Denuna and Nick Westbrook defend theft and property crime cases ranging from misdemeanor allegations to serious felony prosecutions. The defense begins by examining what the evidence actually proves about intent, consent, ownership, valuation, and the accused’s involvement.
Can I be charged with theft if I intended to return the property?
Possibly. The intent to deprive required for theft does not necessarily mean permanent deprivation. The facts and the nature of the alleged taking determine how that plays out.
What determines whether a theft charge is a misdemeanor or felony?
The value of the property alleged to have been taken determines the classification. Prior theft convictions can also elevate a charge regardless of the current property value.
What is the difference between Burglary and Theft?
Theft involves taking property. Burglary involves entering a structure without consent with intent to commit a crime inside. A person can be charged with burglary even if no theft actually occurred, based on the intent at the time of entry.
What is Robbery and how is it different from Theft?
Robbery is a hybrid offense that combines theft and assault. It occurs when a person commits or attempts to commit theft and uses force or threatens another person in the process. Robbery is a Second-Degree Felony. Aggravated Robbery, which involves a deadly weapon or serious bodily injury, is a First-Degree Felony.
Can the value of the alleged property be disputed?
Yes. How property is valued affects the classification of the offense. Disputing the alleged value is a legitimate defense issue in many cases and can change the severity of the charge.
Will a theft conviction affect my employment?
It may. A theft conviction can appear on background checks and may be viewed as an offense involving dishonesty. Its effect on employment, professional licensing, or immigration status can extend well beyond the criminal sentence.
What if I had permission to take the property?
Effective consent or authorization may defeat a theft allegation because the State must prove the property was unlawfully taken. The nature and scope of any consent are important issues in many theft and theft-related cases.
Theft and property crime charges can carry lasting consequences for your record, employment, and future. The evidence demands thorough examination before any decisions are made.
Denuna & Westbrook, PLLC represents individuals facing theft and property crime charges throughout Houston and the Gulf Coast region, including Harris County, Fort Bend County, Montgomery County, Galveston County, Brazoria County, and Waller County.
Call 713-966-0253, email info@texasdwlaw.com, or reach out online to schedule a confidential consultation.
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