Theft & Shoplifting
Unlawful appropriation of property with intent to deprive the owner. Graded by value across seven tiers, from Class C misdemeanor to first-degree felony — which makes the valuation itself a contestable issue.
Practice Area — Criminal Defense
Houston Robbery & Theft Defense Lawyer
A theft case is rarely just about the property. It is about a conviction that follows you into every job application, every lease, and every background check for the rest of your life. Sam R. Cammack III defends the full range — shoplifting, felony theft, burglary, robbery, and aggravated robbery.
First offense? There are often paths that end without a conviction — but only if you act before your first setting. See our case results or meet Sam Cammack III.
3,000+
Dismissals Won
10,000+
Cases Handled
20+
Years in Texas Courts
24/7
Availability
Short answer: how are theft and robbery charged in Texas?
Theft under Texas Penal Code § 31.03 is graded entirely by the value of the property — from a Class C misdemeanor under $100 up to a first-degree felony at $300,000 or more. Robbery is different in kind, not degree: it is theft plus force. Causing bodily injury, or threatening or placing someone in fear of imminent bodily injury, during the course of a theft makes it a second-degree felony — no weapon required. Add a deadly weapon, serious bodily injury, or a victim who is 65 or older or disabled, and it becomes aggravated robbery, a first-degree felony carrying 5 to 99 years or life. Burglary is a separate offense entirely, punishing the unlawful entry itself. Two facts drive most theft cases: the dollar value can be contested, and a theft conviction is a crime of moral turpitude that follows you permanently.
Who we are: Sam R. Cammack III is a Houston trial lawyer and former felony prosecutor with 20+ years in Texas courts and 3,000+ dismissals won.
Most theft cases are more negotiable than people think — and more damaging
Those two facts sit in tension, and they explain almost everything about how these cases should be handled.
On one hand, prosecutors have real flexibility in property cases that they simply do not have in violent ones. Restitution matters. A clean record matters. Pretrial diversion, deferred adjudication, and reductions to non-theft offenses are genuinely available, and a first-time misdemeanor shoplifting case handled properly very often ends without a conviction of any kind.
On the other hand, the consequence of getting it wrong is disproportionate. Theft is classified as a crime of moral turpitude — a category the law treats as reflecting on your honesty itself. That designation reaches into employment screening, professional licensing, immigration status, and your credibility as a witness in any future proceeding. A $200 shoplifting conviction can cost someone a nursing license or a green card. The charge is small; the consequence is not.
Sam R. Cammack III spent years as a felony prosecutor in Harrison County, Texas before two decades defending the accused, and he approaches property cases with a specific objective: resolve the matter in a way that leaves no theft conviction on the record. He is a member of the Texas Criminal Defense Lawyers Association and licensed in good standing with the State Bar of Texas (Bar No. 24014415). Learn more about the firm and team.
Arrested for shoplifting or theft? Do not pay the store's civil demand letter or give a written statement to loss prevention before you talk to a lawyer. Call 713-224-4444, or request a free case review — then read our case results.
Scope of Representation
Penal Code § 31.03
Penal Code § 29.02
Penal Code § 29.03
Penal Code § 30.02
Penal Code § 30.04
Penal Code § 31.07
Penal Code § 31.16
§ 31.03(e)(4)(C)–(D)
Related Offenses
Property and robbery charges we defend
From a Class C citation to a first-degree aggravated robbery, in state and federal court.
Robbery
Theft accompanied by bodily injury or by a threat placing someone in fear of imminent bodily injury or death. A second-degree felony — and notably, no weapon is required. A shoplifting case becomes a robbery the moment a struggle occurs at the door.
Aggravated Robbery
Robbery involving serious bodily injury, the use or exhibition of a deadly weapon, or a victim 65 or older or disabled. A first-degree felony, a 3G offense, and a capital murder aggravator — among the most serious charges in Texas.
Burglary of a Habitation
Entering a home without consent with intent to commit theft, assault, or a felony. A second-degree felony — rising to first degree where the entry was with intent to commit a felony other than felony theft.
Burglary of a Vehicle
Breaking into or entering a vehicle without consent with intent to commit a felony or theft. A Class A misdemeanor — with a six-month minimum on a second offense, and a state jail felony after two prior convictions.
Unauthorized Use of a Vehicle
Operating another's boat, airplane, or motor-propelled vehicle without the owner's effective consent. A state jail felony — and a charge that frequently arises from genuine consent disputes between people who know each other.
Organized Retail Theft
Acting in concert with others, or taking retail merchandise on two or more occasions within 180 days. Its own value ladder — steeper than ordinary theft — and increasingly charged by Harris County prosecutors on aggregated retail cases.
Theft of a Firearm & Repeat Theft
Theft of a firearm is a state jail felony regardless of value. So is any theft under $2,500 by a person with two or more prior theft convictions of any grade — which is how a shoplifting case becomes a felony.
Fraud, Forgery & Credit Card Abuse
Property offenses charged under Chapter 32 — forgery, credit card or debit card abuse, and fraudulent use of identifying information — which carry the same moral turpitude consequences as theft.
Proven in Trial
First-Degree Aggravated Felony
No Bill
Two Related Felony Counts
Both Dismissed
Three Pending Criminal Charges
All Dismissed
Professional License at Risk
License Preserved
Multiple Matters — Same Client
Dismissed
Two Cases — Single Incident
Both Dismissed
Property and violent-crime case results
Property cases are usually resolved quietly — by dismissal, no-bill, diversion, or reduction — which is exactly what clients want. For the firm's complete record, see our full case results page.
Signature Verdict
State of Texas v. David Barajas
Brazoria County, August 28, 2014. A father was charged with murder and faced up to life in prison. Sam Cammack III tried the case to verdict, forcing the State to confront that no weapon was ever recovered, that there were no eyewitnesses, and that gunshot-residue testing came back negative. The jury returned its verdict in roughly three hours.
Not Guilty — All ChargesWhy this matters in a robbery case: aggravated robbery carries the same first-degree exposure as murder, and prosecutors negotiate differently with a lawyer who has taken a first-degree felony to verdict and won. See all case results →
Documented caseload — Texas public court records
Public court-record data compiled from Texas county filings identifies 371 criminal matters associated with Sam R. Cammack III (Texas Bar No. 24014415), of which 239 are felonies and 84 are misdemeanors — the mix that a property-crime practice actually requires, since these cases span both courts.
371
Total Matters on Public Record
239
Felony Matters (64%)
84
Misdemeanor Matters (23%)
25
Aggravated Assault with a Deadly Weapon
345
Harris County Matters (93%)
23
Montgomery County Matters
2
Fort Bend County Matters
24
Years Since Bar Admission
Most frequently appearing before Harris County Criminal District Courts Nos. 176, 178, 183, 208, and 248 at the Harris County Criminal Justice Center, 1201 Franklin Street, Houston, and in the Harris County Criminal Courts at Law for misdemeanor theft. See our Harris County practice page, or look up a case through our inmate search and court records resources.
Selected client outcomes
Outcomes reported by clients of the firm across its criminal defense practice, as published on our case results page. Client identities and cause numbers are withheld to protect confidentiality. Independent client reviews are available on the firm's Avvo profile.
No Bill
Both Dismissed
All Dismissed
License Preserved
Dismissed
Both Dismissed
Want to know whether your case can end without a conviction? Sam reviews the offense report, the valuation evidence, and your record before giving you an honest assessment — not a sales pitch. Call 713-224-4444 or request a free consultation.
Note on results: Each case is decided on its own facts and law. Prior results — including dismissals, no-bills, and acquittals — do not guarantee or predict a similar outcome in any future matter. Caseload figures are compiled from publicly available Texas court records and may be incomplete. Full published outcomes are listed on our case results page.
Exposure
The Texas theft value ladder
Theft is the rare offense where a single number decides everything. One dollar over a threshold changes a misdemeanor into a felony — which is why contesting the State's valuation is often the whole case.
| Value of Property Stolen | Classification | Punishment Range |
|---|---|---|
| Less than $100 | Class C misdemeanor | Fine up to $500 |
| $100 – $749 | Class B misdemeanor | Up to 180 days jail + $2,000 |
| $750 – $2,499 | Class A misdemeanor | Up to 1 year jail + $4,000 |
| $2,500 – $29,999 | State jail felony | 180 days–2 years + $10,000 |
| $30,000 – $149,999 | Third-degree felony | 2–10 years + $10,000 |
| $150,000 – $299,999 | Second-degree felony | 2–20 years + $10,000 |
| $300,000 or more | First-degree felony | 5–99 years or life + $10,000 |
| Theft of a firearm — regardless of value | State jail felony | 180 days–2 years + $10,000 |
| Theft under $2,500 with two or more prior theft convictions of any grade | State jail felony | 180 days–2 years + $10,000 |
Thresholds per Texas Penal Code § 31.03(e).
Robbery, burglary, and vehicle offenses
| Offense | Statute | Classification | Punishment Range |
|---|---|---|---|
| Robbery — bodily injury or threat during a theft | § 29.02 | Second-degree felony | 2–20 years + $10,000 |
| Aggravated robbery — deadly weapon, serious bodily injury, or victim 65+ or disabled | § 29.03 | First-degree felony (3G) | 5–99 years or life |
| Burglary of a building — not a habitation | § 30.02(c)(1) | State jail felony | 180 days–2 years + $10,000 |
| Burglary of a habitation | § 30.02(c)(2) | Second-degree felony | 2–20 years + $10,000 |
| Burglary of a habitation with intent to commit a felony other than felony theft | § 30.02(d) | First-degree felony | 5–99 years or life |
| Burglary of a vehicle | § 30.04 | Class A misdemeanor | Up to 1 year jail + $4,000 |
| Burglary of a vehicle with two or more prior convictions, or of a rail car | § 30.04(d) | State jail felony | 180 days–2 years + $10,000 |
| Unauthorized use of a vehicle | § 31.07 | State jail felony | 180 days–2 years + $10,000 |
Punishment ranges reflect the Texas Penal Code as currently enacted. Enhancements for prior felony convictions under §§ 12.42–12.425 can raise these ranges substantially. Aggravated robbery is a 3G offense under Art. 42A.054: no judge-ordered probation, and parole only after half the sentence or 30 years, whichever is less. This table is general information, not legal advice about your case.
Know the Difference
Theft vs. robbery vs. burglary — and why it decides your exposure
These three words get used interchangeably in conversation. In Texas law they are entirely different offenses with wildly different consequences.
Theft is about the property
Unlawfully appropriating property with intent to deprive the owner. No contact with any person is required. Graded purely by value — which is why a theft charge can be anything from a ticket to a first-degree felony.
Robbery is about the force
A theft becomes a robbery when the accused causes bodily injury, or threatens or places someone in fear of imminent bodily injury or death, in the course of committing it. Value becomes irrelevant. A $40 theft with a shove at the exit is a second-degree felony carrying 2 to 20 years.
Burglary is about the entry
Entering a habitation or building without consent, with intent to commit theft, assault, or a felony — or remaining concealed with that intent. The offense is complete at entry. Nothing needs to be taken for a burglary of a habitation to be a second-degree felony.
The escalation that catches people off guard
The most common way a minor theft case becomes a serious felony is a struggle on the way out the door. Loss prevention makes a stop, there is pushing or pulling, someone reports an injury — and what began as a Class B misdemeanor is filed as a second-degree felony robbery. The property value never changes. The exposure goes from 180 days in county jail to 20 years in prison.
This is also why the instruction is always the same: if you are stopped, do not run, do not pull away, and do not touch anyone. Say nothing beyond identifying yourself, and call a lawyer.
The Hidden Penalty
Why a small theft conviction causes outsized damage
Theft is classified as a crime of moral turpitude — an offense the law treats as reflecting on your honesty itself. That classification, not the sentence, is usually the real cost.
Employment screening
Theft is the single conviction most likely to end a job application. Any role involving money, inventory, or client property is effectively closed — often permanently, and often without explanation.
Professional licensing
Nursing, teaching, real estate, insurance, healthcare, and financial licensing boards treat crimes of moral turpitude as directly relevant to fitness to practice. A misdemeanor can trigger a full board review.
Immigration consequences
A crime involving moral turpitude can render a non-citizen inadmissible or deportable and can bar naturalization — including for lawful permanent residents. The analysis turns on details of the plea that must be structured correctly from the start.
Credibility as a witness
A theft conviction can be used to impeach your testimony in any future case — criminal, civil, family, or custody. It follows you into courtrooms that have nothing to do with the original charge.
Housing and education
Landlords and property managers screen for theft specifically. Some financial aid and campus disciplinary processes treat it as a separate violation independent of the criminal case.
The civil demand letter
Retailers may separately demand the retail value plus a statutory penalty under Texas Civil Practice and Remedies Code § 134.003. Paying it does not resolve or reduce the criminal case — and the letter should not be answered without advice.
The strategic conclusion follows directly: in a theft case the objective is not the lightest sentence, it is no theft conviction at all. Dismissal, a no-bill, pretrial diversion, or a negotiated reduction to a non-theft offense preserves everything the conviction would have taken. Those outcomes are realistically available in many first-offense cases — but they have to be pursued deliberately, and early.
Strategy
How we attack a theft or robbery case
Contesting the valuation
Because a single dollar can separate a misdemeanor from a felony, the State's valuation is a legitimate battleground. Fair market value at the time and place of the offense — not retail sticker price, not replacement cost — is the legal standard, and inflated loss-prevention paperwork frequently does not survive scrutiny.
Intent to deprive
Theft requires intent to deprive the owner. Forgetting to scan an item, walking out while distracted, a genuine belief you had permission, or an unresolved billing dispute are not thefts. The State must prove a state of mind, and that is frequently its weakest element.
Consent and claim of right
Unauthorized use of a vehicle and many theft cases between acquaintances, family members, or former partners turn on whether consent existed or was revoked. A good-faith claim of ownership defeats the intent element outright.
Breaking the robbery enhancement
Where the State has filed robbery, the fight is whether the force or threat actually occurred in the course of the theft — and whether any injury was intentional, knowing, or reckless. Defeating that element returns the case to the theft ladder and takes 2-to-20 exposure off the table.
Attacking the deadly weapon allegation
In aggravated robbery, the deadly weapon allegation is what makes the charge first degree and 3G. Whether an object qualifies, and whether it was actually used or exhibited, is a separate question for the fact-finder that deserves separate litigation.
Identification and surveillance evidence
Property cases lean heavily on grainy video, single-witness identifications, and photo arrays conducted under suggestive conditions. Eyewitness identification is among the most-studied sources of wrongful conviction, and those weaknesses are properly put to a jury.
Suppression and stop issues
Detentions by loss prevention, warrantless searches of bags, vehicles, and phones, and custodial statements taken without warnings all create suppression issues. Evidence excluded before trial is evidence the jury never hears.
Diversion, restitution, and reduction
Where the facts are not winnable, the objective shifts to a resolution that leaves no theft conviction — pretrial diversion, a reduction to a non-theft offense, or a Class C disposition. Early restitution and a credible mitigation package materially improve what prosecutors will agree to.
Where We Practice
Theft and robbery defense across Greater Houston
Diversion programs and charging policy in property cases vary substantially by county — which is why local practice matters more here than almost anywhere else.
Harris County
Houston, Pasadena, Baytown, Katy, Humble, Cypress, Tomball, Spring Branch, Bellaire, Deer Park, La Porte
Harris County Criminal Justice Center, 1201 Franklin St., Houston — felony District Courts and the Criminal Courts at Law for misdemeanor theft.
Montgomery County
Conroe, The Woodlands, Spring, Magnolia, Willis, Montgomery, New Caney, Porter
Montgomery County Courthouse, Conroe — District Courts, County Courts at Law, and JP & municipal courts for Class C theft.
Fort Bend County
Richmond, Sugar Land, Katy, Rosenberg, Missouri City, Stafford, Fulshear, Needville
Fort Bend County Justice Center, Richmond — District Courts and County Courts at Law.
Galveston County
Galveston, League City, Texas City, Friendswood, Dickinson, La Marque, Santa Fe
Galveston County Justice Center, Galveston — District Courts and County Courts at Law.
Brazoria County
Angleton, Pearland, Lake Jackson, Alvin, Freeport, Clute, Manvel
Brazoria County Courthouse, Angleton — site of the firm's State v. Barajas acquittal.
Federal Court
United States District Court, Southern District of Texas — Houston Division
Federal bank robbery, interstate transportation of stolen property, cargo theft, and mail or wire fraud. See federal cases.
Not sure which court your case is in? Use our inmate search and court records tools, or send us the cause number and we will look it up for you.
Questions We Hear Daily
Robbery & theft FAQ
How much do you have to steal for it to be a felony in Texas?
$2,500. Theft of property valued at $2,500 or more is a state jail felony, rising to a third-degree felony at $30,000, a second-degree felony at $150,000, and a first-degree felony at $300,000. Below $2,500 the offense is a misdemeanor — unless an exception applies. Theft of a firearm is a state jail felony regardless of value, and any theft under $2,500 becomes a state jail felony if you have two or more prior theft convictions of any grade.
What is the difference between theft and robbery?
Force. Theft is graded by the value of what was taken. Robbery under Penal Code § 29.02 is theft plus causing bodily injury or threatening or placing someone in fear of imminent bodily injury or death — and once that element is present, the value stops mattering entirely. A $40 shoplifting case with a struggle at the door can be filed as a second-degree felony carrying 2 to 20 years. No weapon is required for robbery.
Can a shoplifting charge be dismissed or kept off my record?
Frequently, yes — particularly on a first offense. Depending on the county and the facts, options include outright dismissal, a pretrial diversion agreement, a reduction to a Class C offense, or deferred adjudication followed by an order of nondisclosure. If the case is dismissed or you are acquitted, you are generally eligible for an expunction. The critical point is that these outcomes are negotiated early — often before the first setting — and are much harder to obtain after a plea has been entered.
The store sent me a letter demanding money. Should I pay it?
Not before speaking with a lawyer. Retailers may send a civil demand under Texas Civil Practice and Remedies Code § 134.003 seeking the value of the merchandise plus a statutory penalty and costs of recovery. It is a civil claim that is entirely separate from the criminal case — and paying it does not dismiss, reduce, or resolve the criminal charge. In some circumstances responding can also complicate the criminal defense. Bring the letter to your lawyer before you do anything with it.
Is burglary the same as breaking into a house and stealing something?
Not quite — and the distinction favors the State. Burglary under § 30.02 is complete at the moment of unlawful entry with the intent to commit theft, assault, or a felony. Nothing has to be taken. Burglary of a habitation is a second-degree felony, and it rises to a first-degree felony where the entry was with intent to commit a felony other than felony theft. Burglary of a non-habitation building is a state jail felony, and burglary of a vehicle is a Class A misdemeanor.
Can I get probation for aggravated robbery?
Not from a judge. Aggravated robbery is a 3G offense under Code of Criminal Procedure Art. 42A.054, which strips the trial judge of authority to grant straight community supervision after a finding of guilt. Only a jury can recommend probation, and only where it assesses ten years or less and the defendant has no prior felony conviction. Parole eligibility also requires serving half the sentence or 30 years, whichever is less, with no credit for good conduct time.
Will a theft conviction affect my immigration status or professional license?
It can, severely. Theft is treated as a crime involving moral turpitude, which can render a non-citizen inadmissible or deportable and can bar naturalization — including for lawful permanent residents. Licensing boards in nursing, education, real estate, insurance, and finance treat moral turpitude offenses as directly relevant to fitness to practice. Even a misdemeanor can trigger board review. If you hold a license or are not a U.S. citizen, tell your lawyer immediately — it changes which resolutions are acceptable.
How much does a theft defense lawyer cost in Houston?
Fees depend on whether the charge is a misdemeanor or felony, the county, and whether the case is headed to trial. Our office quotes a flat fee after reviewing the specific allegation, so you know your cost before you commit. The initial case review is free and confidential. Call 713-224-4444 — we take calls 24 hours a day.
Free & Confidential Case Review
Protect your record before it becomes permanent
The best outcomes in theft cases are negotiated early — often before the first court setting, and almost always before a plea is entered. Sam R. Cammack III has won 3,000+ dismissals in Texas courts. Tell him what happened — the call is free, confidential, and answered around the clock.
Sam R. Cammack III · 1001 West Loop South, Suite 700, Houston, TX 77027 · Available 24/7 · View case results
The information on this page is provided for general educational purposes and is not legal advice. Reading it does not create an attorney-client relationship. Texas law changes, and every case turns on its own facts and procedural posture. Prior results — including dismissals, no-bills, and not-guilty verdicts — do not guarantee or predict the outcome of any future matter. Caseload statistics are compiled from publicly available Texas court records and may be incomplete. Immigration and professional licensing consequences depend on circumstances outside the scope of this page; consult counsel about your specific situation. If you have been arrested or accused, speak with a licensed Texas criminal defense attorney.