San Antonio Theft & Property Crime Defense
Theft charges in Texas escalate fast. What starts as a misdemeanor accusation at a Bexar County retailer can become a felony that follows you for life. Your attorney is a former officer who knows how loss prevention and police build these cases — and where the weak links are.
Theft Defense from Someone Who Has Investigated These Cases
Theft is one of the most common criminal charges in Bexar County, and it’s also one of the most misunderstood. People assume a theft charge means someone was caught red-handed. The reality is much more complicated — and that complexity creates opportunities for a skilled defense.
Steve Bowling’s time in law enforcement included investigating property crimes. He understands how loss prevention officers at San Antonio’s major retailers operate — from the surveillance systems at North Star Mall and The Shops at La Cantera to the tactics used at big-box stores along Loop 1604. He knows how these investigations are documented, how evidence is preserved (or not preserved), and how the gap between what loss prevention claims happened and what actually happened often widens under scrutiny.
His military background reinforces a methodical approach to defense preparation. Every receipt, every surveillance timestamp, every witness statement gets examined against the prosecution’s narrative. When the details don’t line up, the case falls apart.
Theft charges are about intent. The prosecution must prove you intended to permanently deprive someone of their property. Accidentally walking out with an item, disputes over returns, misunderstandings about payment — these are not theft. But without a strong defense, they can be treated as theft by the system.
Texas Theft Penalties by Dollar Amount
Texas theft charges are driven almost entirely by the value of the property allegedly stolen. The thresholds are rigid, and crossing them changes everything about your case.
| Value | Classification | Penalty |
|---|---|---|
| Under $100 | Class C Misdemeanor | Fine up to $500 |
| $100 – $749 | Class B Misdemeanor | Up to 180 days in jail, $2,000 fine |
| $750 – $2,499 | Class A Misdemeanor | Up to 1 year in jail, $4,000 fine |
| $2,500 – $29,999 | State Jail Felony | 180 days – 2 years state jail, $10,000 fine |
| $30,000 – $149,999 | 3rd Degree Felony | 2 – 10 years prison, $10,000 fine |
| $150,000 – $299,999 | 2nd Degree Felony | 2 – 20 years prison, $10,000 fine |
| $300,000+ | 1st Degree Felony | 5 – 99 years prison, $10,000 fine |
Enhancement note: Prior theft convictions can enhance the current charge. Two prior theft convictions of any amount upgrade a Class C misdemeanor to a state jail felony. Theft from certain victims (elderly, nonprofit, government) also triggers automatic enhancements.
Types of Theft Cases We Handle in San Antonio
Shoplifting / Retail Theft
The most common theft charge in Bexar County. Retailers and their loss prevention teams don’t always get it right. Surveillance footage quality, identification errors, and overzealous LP officers create real defense opportunities.
Burglary
Entering a building or habitation with intent to commit theft, assault, or another felony. Burglary of a habitation is a second-degree felony (2-20 years). The prosecution must prove intent at the time of entry — not after.
Robbery & Aggravated Robbery
Theft involving force or threat of force. Aggravated robbery (using a weapon or causing serious injury) is a first-degree felony carrying 5 to 99 years. These cases hinge on identification, which is often unreliable.
Identity Theft & Fraud
Using someone else’s identifying information to obtain goods, services, or money. These cases often involve digital evidence, financial records, and complex fact patterns that require meticulous investigation by the defense.
Facing Theft Charges in San Antonio?
A theft conviction creates a permanent record that affects employment, housing, and your future. Call now for a free consultation with an attorney who fights for dismissals, not just deals.
Frequently Asked Questions
At what dollar amount does theft become a felony in Texas?
Theft becomes a state jail felony at $2,500. However, two prior theft convictions of any amount can elevate even a small theft to a felony. Theft from an elderly person, a nonprofit, or a government entity also triggers automatic enhancements.
Can a shoplifting charge be dismissed?
Yes. Common defenses include mistaken identity, lack of intent to steal (the item was overlooked or forgotten), insufficient evidence, improper detention by loss prevention, and constitutional violations during the investigation. First-time offenders may also be eligible for pretrial diversion programs in Bexar County.
Will a theft conviction show up on background checks?
Yes. Theft convictions — even misdemeanors — appear on criminal background checks and are visible to employers, landlords, and licensing boards. Texas does allow nondisclosure orders for some deferred adjudication dispositions, but this depends on the 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 the intent to commit a crime inside (typically theft). Burglary of a habitation (someone’s home) is a second-degree felony regardless of the value of items taken — making it far more serious than the underlying theft charge would be alone.