Austin Theft & Property Crime Defense
From the Domain to South Congress, Austin’s retail corridors produce hundreds of theft cases every year. Your attorney is a former police officer who has investigated property crimes and knows exactly where loss prevention and police investigations fall short.
Theft Defense from an Attorney Who Has Been on Both Sides
Theft is one of the most common charges filed in Travis County, and it’s also one of the most defensible. The prosecution’s case often depends on surveillance footage, loss prevention testimony, and assumptions about intent — all of which can be challenged by an attorney who understands how these investigations actually work.
Steve Bowling’s law enforcement career included property crime investigations. He understands how retail loss prevention teams operate, how they document suspected theft, and how their observations get translated into police reports. He also knows the gaps in that process: cameras with blind spots, timestamps that don’t match, identification made from grainy footage, and the difference between what an LP officer thinks happened and what the evidence actually proves.
His military discipline carries into case preparation. Every piece of the prosecution’s evidence gets examined methodically: the surveillance video, the LP officer’s report, the police report, the receipt records, the timeline. When the story doesn’t hold together, the case falls apart.
Intent is the key element. The prosecution must prove you intended to permanently deprive someone of their property. Walking out with an unpaid item by mistake, disputes over returns, self-checkout errors, and price-matching confusion are NOT theft — but they can be treated as theft without a strong defense.
Texas Theft Penalties
| Value | Classification | Penalty |
|---|---|---|
| Under $100 | Class C Misdemeanor | Fine up to $500 |
| $100 – $749 | Class B Misdemeanor | Up to 180 days jail, $2,000 fine |
| $750 – $2,499 | Class A Misdemeanor | Up to 1 year jail, $4,000 fine |
| $2,500 – $29,999 | State Jail Felony | 180 days – 2 years, $10,000 fine |
| $30,000 – $149,999 | 3rd Degree Felony | 2 – 10 years prison |
| $150,000+ | 2nd/1st Degree Felony | 2 – 99 years prison |
Enhancement warning: Two prior theft convictions of any amount elevate subsequent theft — even under $100 — to a state jail felony. Theft from elderly persons, nonprofits, or government entities also triggers automatic enhancements.
Theft Cases We Handle in Austin
Retail Shoplifting
The Domain, Barton Creek Square, South Congress boutiques — Austin’s retail landscape generates constant theft cases. LP teams don’t always get it right, and surveillance footage quality varies wildly.
Burglary of a Habitation
Entering someone’s home with intent to commit a crime is a second-degree felony (2-20 years) regardless of what was taken. These cases hinge on proving intent at the time of entry.
Robbery & Aggravated Robbery
Theft by force or threat. Aggravated robbery with a weapon is a first-degree felony (5-99 years). Eyewitness identification — often unreliable — is frequently the prosecution’s primary evidence.
Identity Theft & Fraud
Digital fraud, credit card misuse, and identity theft cases involve complex financial evidence and electronic records. Proving who actually committed the offense requires meticulous analysis.
Facing Theft Charges in Austin?
A theft conviction creates a permanent record that brands you dishonest to every future employer, landlord, and licensing board. Call now for a free consultation.
Frequently Asked Questions
At what dollar amount does theft become a felony in Texas?
$2,500. Below that, theft is a misdemeanor. However, two prior theft convictions of any amount elevate subsequent theft charges to state jail felony level. Theft from elderly persons or government entities also triggers automatic enhancements.
Can shoplifting charges be dismissed in Travis County?
Yes. Defenses include lack of intent, mistaken identity, insufficient evidence, improper detention by loss prevention, and constitutional violations. Travis County also offers pretrial diversion for some first-time offenders.
Will a theft conviction show on background checks?
Yes. Theft convictions — even misdemeanors — appear on criminal background checks and are visible to employers, landlords, and professional licensing boards. Texas allows nondisclosure for some deferred adjudication cases, but this depends on offense level and circumstances.
What’s the difference between theft and burglary?
Theft is taking property without consent. Burglary is entering a building or habitation with intent to commit a crime inside. Burglary of a habitation is a second-degree felony regardless of what was taken — far more serious than the theft charge alone.