
Houston Theft & Shoplifting Defense Lawyer
Charged with theft or shoplifting? Protect your record. Former police officer. Flat-fee defense.
Even a Misdemeanor Theft Conviction Can Follow You for Life
A theft conviction in Texas — even for shoplifting — creates a permanent criminal record that shows up on every background check. Employers, landlords, and professional licensing boards all see it. Under Texas Penal Code § 31.03, theft is classified by the value of the property taken, and the penalties escalate quickly. What seems like a minor shoplifting charge can become a felony depending on the circumstances.
Texas Theft Penalties by Value
- Under $100 — Class C misdemeanor (fine only, but still a criminal record)
- $100 – $749 — Class B misdemeanor (up to 180 days in jail)
- $750 – $2,499 — Class A misdemeanor (up to 1 year in jail)
- $2,500 – $29,999 — State jail felony (180 days to 2 years in state jail)
- $30,000 – $149,999 — Third-degree felony (2-10 years in prison)
- $150,000 – $299,999 — Second-degree felony (2-20 years in prison)
- $300,000 or more — First-degree felony (5-99 years or life in prison)
Additionally, if you have two or more prior theft convictions, any subsequent theft — regardless of value — can be enhanced to a state jail felony.
Shoplifting and Retail Theft Defense
Shoplifting is one of the most commonly charged theft offenses in Harris County. Many shoplifting arrests rely heavily on loss prevention officer testimony and store surveillance footage. We challenge the identification, the alleged intent to steal, and the value of the merchandise. In many cases, we are able to negotiate dismissals, deferred adjudication, or pretrial diversion — outcomes that keep a theft conviction off your permanent record.
Other Theft-Related Offenses We Defend
- Shoplifting / Retail Theft
- Burglary of a Building — Entering a building with intent to commit theft (state jail felony)
- Burglary of a Habitation — Entering a home with intent to commit a felony (second-degree felony)
- Robbery — Theft by force or threat (second-degree felony)
- Aggravated Robbery — Robbery with a deadly weapon or causing serious injury (first-degree felony)
- Identity Theft — Using someone else’s personal information without consent
- Credit Card Abuse — Unauthorized use of a credit or debit card

Flat-Fee Defense. Former Police Officer.
Attorney Kenneth V. Mitchell handles all theft and property crime defense on a flat-fee basis in Harris, Montgomery, and Galveston Counties. As a former law enforcement officer, he brings firsthand experience to your defense. Call (832) 797-8611 for a consultation.
