How to Get Theft Charges Dropped in Texas (2025 Update)
Being charged with theft in Texas — whether a minor shoplifting offense or a felony-level allegation — can impact your life far beyond the courtroom. It can affect your job, your housing options, and even your personal relationships.
But if you’ve been falsely accused, or if there are legal weaknesses in your case, you may have a pathway to get your theft charges dropped or reduced. The key is understanding how Texas theft laws work — and working with an experienced criminal defense lawyer.
In this 2025 guide, we’ll walk you through how theft is defined in Texas, what penalties you might face, and how to improve your chances of getting the charges dismissed.
Understanding Theft Charges in Texas
Under the Texas Penal Code, theft is defined as the unlawful appropriation of property with intent to deprive the rightful owner of it. It’s distinct from other property crimes like:
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Robbery – Theft combined with physical harm or threat
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Burglary – Theft involving unlawful entry, often with intent to commit another felony
In cases involving robbery or burglary, the theft is bundled with more serious charges — and the penalties increase substantially.
Categories of Theft Charges and Penalties
Texas classifies theft charges by the value of the stolen property. Here’s how it breaks down:
| Charge | Value of Property | Penalties |
|---|---|---|
| Class C Misdemeanor | Less than $100 | Fine up to $500 |
| Class B Misdemeanor | $100 to $750 | Up to 180 days in jail, $2,000 fine |
| Class A Misdemeanor | $750 to $2,500 | Up to 1 year in jail, $4,000 fine |
| State Jail Felony | $2,500 to $30,000 | 180 days–2 years in state jail, $10,000 fine |
| Third-Degree Felony | $30,000 to $150,000 | 2–10 years in prison, $10,000 fine |
| Second-Degree Felony | $150,000 to $300,000 | 2–20 years in prison, $10,000 fine |
| First-Degree Felony | Over $300,000 | 5–99 years in prison, $10,000 fine |
Note: Penalties increase based on prior convictions or if the theft involved a firearm, elderly victim, or items like controlled substances or livestock.
Grounds for Getting Theft Charges Dropped in Texas
While not every case qualifies for dismissal, here are common reasons why theft charges in Texas may be dropped:
1. Lack of Evidence
The prosecution must prove guilt beyond a reasonable doubt. Without solid evidence:
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Surveillance may be inconclusive
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Eyewitnesses might be unreliable
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Physical evidence may be missing
2. Mistaken Identity
You may have been misidentified by:
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A witness under stress
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Video footage that lacks clarity
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Evidence like fingerprints that is circumstantial
3. Rights Violations
If law enforcement violates your constitutional rights, the case may be dismissed:
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Illegal search/seizure without a warrant
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Failure to read Miranda rights
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Unreasonable delays violating your right to a speedy trial
4. Return of Property
Although returning the property doesn’t guarantee charges will be dropped, it may help:
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Shows good faith or remorse
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Can be used as part of a negotiation for reduced sentencing
How to Improve Your Chances of Getting Charges Dismissed
Here’s what you can do right now to strengthen your defense:
Preserve All Relevant Evidence
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Obtain security footage that may show you weren’t involved
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Keep receipts, text messages, or any documentation proving your whereabouts
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Secure statements from alibi witnesses
Avoid Self-Incrimination
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Don’t speak to police without your lawyer
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Don’t share case details on social media
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Politely invoke your right to remain silent
Hire an Experienced Theft Defense Attorney in Fort Bend
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Your attorney can evaluate the strength of the state’s case
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They may negotiate for dismissal, deferred adjudication, or reduced charges
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Local attorneys understand county-specific strategies (e.g., in Richmond or Sugar Land)
Working with a skilled criminal defense lawyer in Fort Bend County ensures you’re not facing this process alone.
What Makes Theft Charges More Serious in Texas?
Besides the value of the property, several factors can escalate theft to a felony:
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The theft involved a firearm
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The victim was elderly or disabled
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The item stolen was a controlled substance
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You have a prior theft conviction
These aggravating circumstances often make it harder to get charges dropped — but not impossible with the right legal strategy.
Drop Your Theft Charges with Lee D. Cox, Criminal Defense Attorney
When your freedom, your job, and your future are on the line, you need more than hope — you need help. Attorney Lee D. Cox has years of experience handling theft cases in Fort Bend County and surrounding areas.
Whether your charges are based in Richmond, Rosenberg, Sugar Land, or beyond, Lee can work to get your charges reduced or dismissed altogether.
📞 Don’t Wait. Call Today.
If you’re ready to fight back against theft charges in Texas, contact Attorney Lee D. Cox today for a confidential consultation. Your best defense starts with the right legal guidance.
