Houston Robbery & Theft Defense Lawyer

The charge level, criminal history, evidence, and county matter. A first-time misdemeanor case may have more resolution options than a repeat or felony case, including dismissal, diversion, deferred adjudication, or another negotiated disposition when the person qualifies. None is automatic. Preserve the store paperwork and video-related information, avoid making additional admissions, and have the evidence reviewed before accepting a plea simply to finish the case quickly.

For ordinary theft, the general felony threshold is $2,500. Theft from $2,500 to under $30,000 is generally a state jail felony. The offense rises again at $30,000, $150,000, and $300,000. But Texas law contains exceptions: for example, theft of a firearm is a state jail felony regardless of value, and certain prior theft convictions can enhance a low-value theft to a felony.

Yes, dismissal is possible, but it is not guaranteed simply because it is a first offense. Weak intent evidence, identification problems, valuation issues, missing witnesses, evidentiary defects, diversion or other negotiated resolutions can affect the outcome. Current Harris County alternatives and eligibility rules should be checked at the time the case is pending.

Not automatically. Once a criminal case is filed, the prosecutor—not the store—controls whether the State continues the case. A store's cooperation, witnesses, video, records, or change in position may affect the strength of the evidence, but the complainant cannot unilaterally dismiss a Texas criminal charge.

Jail is not automatic. The maximum exposure depends on the value and any enhancement. A Class C theft carries no jail; Class B and Class A thefts can carry county-jail exposure; felony theft can carry state-jail or prison exposure. Actual outcomes depend on the evidence, record, mitigation, plea options, diversion availability, and whether the case is dismissed or tried.

No. Texas theft requires the required intent to deprive the owner. A mistake, distraction, self-checkout error, pricing confusion, or genuine belief that an item was paid for can be relevant to intent. The store's video, transaction record, statements, conduct before and after the alleged event, and other facts will determine whether that explanation is supported by the evidence.

Robbery adds injury or threat/fear to a theft-related event. Under §29.02, a person commits robbery if, in the course of committing theft and with intent to obtain or maintain control of property, the person causes bodily injury with the required mental state or intentionally/ knowingly threatens or places another in fear of imminent bodily injury or death. Robbery is a second-degree felony.

Yes, potentially. Texas defines conduct "in the course of committing theft" to include immediate flight after an attempted or completed theft. If prosecutors allege bodily injury, a threat, or fear during a loss-prevention encounter, a low-value shoplifting accusation can become a robbery charge. Whether the force or threat element is actually proved is a separate defense issue.

Theft centers on unlawfully taking or exercising control over property; burglary centers on unlawful entry. Under §30.02, burglary can be committed by entering a building or habitation without effective consent with the required intent, or by entering/remain-concealed conduct described by the statute. A completed theft is not necessary in every burglary prosecution.

Do not assume the civil demand resolves the criminal case. Texas has a separate civil theft statute, the Texas Theft Liability Act, which can allow actual damages and, in some cases, additional statutory damages. A retailer's civil claim and the State's criminal prosecution are separate. Paying, refusing, or responding to a demand should be discussed with counsel handling the criminal case.

Sometimes, depending on the final disposition. A qualifying dismissal or acquittal may support expunction. Some deferred-adjudication dispositions may support nondisclosure if statutory requirements are met. A dismissed arrest does not always disappear automatically, and a conviction, deferred adjudication, dismissal, and acquittal create different record-clearing rights.

Ordinary judge-ordered community supervision is barred for aggravated robbery under Article 42A.054. Texas law separately allows jury-recommended community supervision for some defendants who satisfy the requirements of Articles 42A.055 and 42A.056, including the prior-felony and sentence-length restrictions. The exact punishment election should be discussed with trial counsel long before a verdict.

Fees vary with whether the case is a Class C, misdemeanor, state jail felony, or serious felony; the number of charges; discovery volume; experts; motions; county; and whether the case is expected to go to trial. The firm should quote the specific matter after reviewing the allegation and explain what the fee includes. The initial consultation with this firm is free. Call 713-224-4444.