San Antonio Theft Crimes Lawyer

Last updated on April 10, 2026

In the state of Texas, the crime of theft is defined as the act of taking someone else’s property or service without his or her permission. Theft charges can be prosecuted at either at the misdemeanor or the felony level, depending on various factors related to the offense. In addition to being a crime in and of itself, theft is also key element in other crimes. These offenses are known as “theft crimes.” A few examples include carjacking, burglary, robbery and aggravated robbery. If you are charged with a theft crime, you could be at risk of receiving penalties such as jail time, prison time, hefty fines and more. In these types of situations, you should not try to contest your charges without the help of a capable legal professional.

How Much Do You Have to Steal For it to be a Felony in Texas?

In the state of Texas, you must steal property that is valued at more than $2,500 for it to be considered a felony. There are different degrees of felony theft that you can be convicted of depending on the total amount of the value of stolen property or services.

If you are facing charges for a theft crime, don’t hesitate to get the defense you deserve by contacting our San Antonio theft crime attorney today!

Theft of Property or Service in Texas

In addition to the traditional concept of theft (taking someone’s property without his or her consent), a person can also be charged with theft for allegedly taking property that he or she knew was stolen by someone else. In these types of cases, it does matter that the offender did not directly take it from the owner. There are many people who are arrested for allegedly possessing stolen property, or even for allegedly trying to buy or sell it. When a person commits theft of service, that individual might obtain access to a service that he or she is not authorized to have, or without providing payment for that service. Such theft is usually committed through threat, deception or “false token,” according to Texas law.

Penalties for Theft and Theft-Related Crimes

An offense of theft can be considered either a misdemeanor or felony, depending on the value of the property that was stolen–the higher the value, the higher the penalties. It is important to note that the penalties for theft can be enhanced if the offender was a public servant, someone in a contractual relationship with the government or a Medicare provider. For other theft crimes, such as burglary, robbery, grand theft auto, and shoplifting, the value of property stolen does not factor into the penalties.

There are many different kinds of defenses to theft crimes, including:

• That you truly believed you had permission from the property owner or service provider
• That you did not know property was stolen when you acquired it
• That there is just not enough evidence that you committed the alleged theft crime

What is the Penalty for Theft in Texas?

In Texas, the value of the property or services or the type of property that was stolen largely determines the classification of the theft crime. Depending on the circumstances, theft can be charged as a misdemeanor or a felony.

Possible penalties for theft in Texas:

• Class C Misdemeanor: Value of property stolen is less than $50 and punishable by up to a $500 fine
• Class B Misdemeanor: Value of property stolen is between $50 and $500 and punishable by up to a $2,000 fine and up to 180 days in jail
• Class A Misdemeanor: Value of property stolen is between $500 and $1,500 and punishable by up to a $4,000 fine and up to one year in jail
• State Jail Felony: Value of property stolen is between $1,500 and $20,000 and punishable by up to a $10,000 fine and 180 days to two years in state jail
• Third Degree Felony: Value of property stolen is between $20,000 and $100,000 and punishable by up to a $10,000 fine and two to ten years in prison
• Second Degree Felony: Value of property stolen is between $100,000 and $200,000 and punishable by up to a $10,000 fine and two to 20 years in prison
• First Degree Felony: Value of property stolen is $200,000 or more and punishable by a $10,000 fine and five to 99 years in prison

Potential Theft Sentence Enhancements

Multiple factors influence how the Texas criminal courts address sentencing for theft offenses. Your prior criminal record can play a role when the courts decide on a sentence for a theft offense.

A San Antonio theft attorney can help you understand how the state may adjust charges and sentencing guidelines based on your prior record. If you have a prior conviction, the state can pursue more serious charges that carry more significant penalties.

For example, if you face a Class C misdemeanor charge for theft of property worth less than $100, the charge is a fine-only offense that carries a maximum fine of $500. However, if you have a prior conviction on your record, the prosecutor can pursue Class B misdemeanor charges instead. The potential penalties then expand to include up to 180 days in county jail and a maximum fine of $2,000.

If you have two or more prior convictions on your record, even a misdemeanor theft charge can become a state jail felony, making the guidance of a property crimes attorney even more important. The penalties possible include between 180 days and two years in state jail and a fine of as much as $10,000. There is also the long-term impact of a felony theft record to consider.

Texas also has strict rules for the theft of valuable metals, including copper, brass and aluminum. Certain factors, such as the initial location of the metal, can influence whether the state pursues a Class C misdemeanor or a felony. As a theft of metals attorney, I can help you evaluate the allegations against you to determine the best response.

Further, there are sentencing enhancement rules for other specific circumstances. Any theft targeting a person 65 or older can carry higher penalties than an offense involving younger people. Allegations of involvement in an organized retail theft conspiracy can also carry more serious charges and penalties.

You will benefit from the immediate support of a theft defense attorney after your arrest, especially if the theft charges against you are subject to sentencing enhancements under Texas statutes. I can help you understand the charges you face, evaluate the prosecution’s case and build defense strategies to prevent a conviction or minimize the final sentence actually imposed.

The Long-Term Consequences Of A Theft Conviction In Texas

A theft conviction in Bexar County carves a mark that reaches far beyond the courthouse. Even a minor case can place employers, landlords and licensing boards on alert. 

A conviction under the criminal defense Penal Code framework triggers background checks that follow you into every application process. Once that stain appears, many opportunities may close without warning. 

Employment setbacks appear first. This is because many companies rely on automated screening tools that reject applicants the moment a theft entry appears. Roles involving money, inventory or data rarely offer second chances. 

Housing obstacles are also common, as property managers often deny applicants based on old allegations. I use my insight as a former prosecutor to challenge the state’s version of events long before these consequences take hold. I believe your future should not hinge on a rushed review of your history. That is why I work aggressively to block long-term damage to your criminal record.

Professional boards also take theft allegations seriously. Doctors, nurses, accountants and military personnel often face layered reviews that threaten their careers. My approach is built to protect both your license and your livelihood. 

You should never try to navigate these collateral issues alone. Even when the state offers a Bexar County plea deal, it may still carry consequences that reach farther than you expect. When you work with me, I analyze every angle to help ensure you understand what stands behind each offer. 

The first priority in any criminal defense case, like identity theft or auto theft, is securing a dismissal or an acquittal. If that result is not possible, we shift our focus to mitigating the damage and setting the stage for future record clearing through: 

• The power of expungement: This process legally erases the arrest and all associated records if your case results in an acquittal, a dismissal or successful completion of a pretrial diversion program.
• Sealing the record with nondisclosure: If you receive Deferred Adjudication, a court-ordered nondisclosure can seal your criminal record from the public, including most employers and landlords.

When you bring your case to me, I move quickly to protect your standing and to keep the mark of a theft allegation from defining you under the criminal defense attorneys’ lens. 

Call My San Antonio Firm Today!

My law firm, the Law Office of Kerrisa Chelkowski, offers excellent legal representation for individuals who are dealing with all types of criminal charges, including theft crime charges. Since I am a San Antonio theft crime attorney who has also served as a prosecutor, I bring valuable insight to my client’s cases. Read the information provided below to learn more about how theft crimes are defined and prosecuted in the state of Texas. When you bring your case to me, I can help you craft a strong defense plan that is specifically tailored to your needs.