A theft charge in Fort Bend County can cost you your job, your professional license, and your reputation — even for a first offense. Here’s what you need to know right now: theft is a crime of moral turpitude in Texas, which means employers, landlords, and licensing boards take it seriously. The good news is that theft charges are among the most defensible in the Texas Penal Code, and the right attorney can make a critical difference.
Why Fort Bend County Residents Trust Varghese Summersett
Varghese Summersett is one of the most respected criminal defense firms in Texas, with four offices and a team of more highly experienced attorneys, including Board Certified lawyers and former prosecutors. The firm has secured more than 1,600 dismissals and over 800 charge reductions for clients across the state.
Leading the firm’s Houston-area practice is Mike Hanson, Senior Counsel and area lead for the Houston office. Mike is Board Certified in Juvenile Law by the Texas Board of Legal Specialization. Before joining Varghese Summersett, Mike served as an Assistant District Attorney in both Tarrant County and Fort Bend County, where he prosecuted the same types of cases he now defends. He has tried more than 60 cases before a jury and brings a prosecutor’s insight to every case he handles. He also serves as a Judge Advocate in the United States Army Reserve.
Fort Bend County theft cases are heard at the Fort Bend County Justice Center in Richmond. Whether your charge is a misdemeanor shoplifting case or a felony theft allegation, having an attorney who knows Fort Bend County’s courts, judges, and prosecutors is an advantage that can’t be overstated.
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Common Questions About Theft Charges in Fort Bend County
Will a theft charge show up on my background check?
Yes. In Texas, theft is classified as a crime of moral turpitude, meaning it appears on criminal background checks and can disqualify you from certain jobs, housing, and professional licenses. Even deferred adjudication for a theft charge may appear unless you later obtain a nondisclosure order.
Can I be charged with theft for something I thought was mine?
Intent is a critical element of theft. If you genuinely believed you had a right to the property, that belief can be a complete defense. The prosecution must prove you intended to deprive someone of their property without consent.
What’s the difference between theft, robbery, and burglary?
Theft involves taking property without using force or threat. Robbery involves taking property from a person using or threatening force. Burglary involves entering a structure with intent to commit a crime inside. These distinctions matter enormously for the severity of charges and potential penalties.
Is shoplifting a felony in Texas?
It depends on the value of the merchandise and your criminal history. Shoplifting items worth less than $100 is a Class C misdemeanor. Repeat theft or theft of items worth $2,500 or more can result in felony charges. Texas also has a specific organized retail theft statute with its own penalty structure.
Texas Theft Law: What the Prosecution Must Prove
Theft in Texas is defined under Texas Penal Code § 31.03. To convict you, the prosecution must prove each of the following elements beyond a reasonable doubt:
- You are the person who committed the alleged act
- You unlawfully appropriated property — meaning you took it without the owner’s effective consent or obtained it through deception
- You acted with intent to deprive the owner of the property
“Appropriate” means acquiring or exercising control over property. “Deprive” means withholding property permanently or for a period long enough that the owner loses a substantial portion of its value. Both terms are defined in Texas Penal Code § 31.01.
The burden of proof rests entirely on the State. You do not have to prove your innocence. If the prosecution cannot establish every element beyond a reasonable doubt, the jury must find you not guilty.
Penalties for Theft in Fort Bend County
In Texas, theft penalties are tied primarily to the value of what was allegedly taken. Higher values mean higher charges — and higher stakes:
- Class C Misdemeanor (value under $100): Fine only, up to $500
- Class B Misdemeanor ($100–$749): Up to 180 days in county jail, up to $2,000 fine
- Class A Misdemeanor ($750–$2,499): Up to 1 year in county jail, up to $4,000 fine
- State Jail Felony ($2,500–$29,999): 180 days to 2 years in state jail, up to $10,000 fine
- Third Degree Felony ($30,000–$149,999): 2 to 10 years in prison, up to $10,000 fine
- Second Degree Felony ($150,000–$299,999): 2 to 20 years in prison, up to $10,000 fine
- First Degree Felony ($300,000 or more): 5 to 99 years or life in prison, up to $10,000 fine
Several special categories can trigger higher penalties regardless of value. Theft of a firearm and theft from a person are both State Jail Felonies no matter the dollar amount. If you have two or more prior theft convictions, the charge can be enhanced to a State Jail Felony even if the stolen property was worth less than $2,500. A public servant who commits theft using their official position faces charges one level higher than the base offense.
Beyond jail or prison, a theft conviction can cost you far more than any fine. Employers routinely screen for theft convictions. Professional licensing boards in nursing, education, real estate, law, and finance can revoke or deny licenses. Immigration status can be jeopardized. These collateral consequences are why the outcome of your case matters far beyond the sentence itself.
Typical Bond Amounts for Theft in Fort Bend County
Based on an analysis Varghese Summersett completed of over 10,241 bonds in Fort Bend County, here is what bonds typically look like for theft charges:
| Charge | Offense Level | Typical Bond Range | Most Common Bond |
|---|---|---|---|
| Theft $100–$749 | Class B Misdemeanor | $500–$2,000 | $500 |
| Theft $750–$2,499 | Class A Misdemeanor | $1,000–$5,000 | $2,000 |
| Theft <$2,500 with 2+ prior convictions | State Jail Felony (Enhanced) | $5,000–$30,000 | $10,000 |
| Theft $2,500–$29,999 | State Jail Felony | $5,000–$50,000 | $10,000 |
| Theft $30,000–$149,999 | Third Degree Felony | $10,000–$75,000 | $10,000 |
| Theft $150,000–$299,999 | Second Degree Felony | $20,000–$100,000 | $20,000 |
| Theft $300,000 or more | First Degree Felony | $50,000–$100,000 | $75,000 |
Bond amounts can vary significantly based on your criminal history, the specific facts of your case, and the judge assigned to your matter. An attorney can sometimes appear at a bond hearing to argue for a lower amount or a personal recognizance bond.
Defenses to Theft Charges in Texas
Because the prosecution must prove three separate elements beyond a reasonable doubt, there are several ways an experienced defense attorney can challenge a theft case.
Lack of Intent
Theft requires proof that you intended to deprive the owner of their property. Accidentally walking out of a store with an item, forgetting to pay for something at self-checkout, or taking property under a genuine misunderstanding is not theft. Without intent, there is no crime.
Claim of Right
Under Texas law, a person who takes property with a sincere belief that they have a right to it cannot be convicted of theft. This applies in disputes over property, debts, or shared ownership — even if that belief turns out to be legally incorrect.
Consent
If the owner effectively consented to you taking the property, the appropriation was not unlawful. Cases involving disputed consent — such as an employer-employee dispute over property or a civil disagreement framed as theft — are areas where this defense frequently applies.
Challenging the Value
Because Texas theft penalties escalate sharply by value, disputing the claimed value of the property can be the difference between a misdemeanor and a felony. Market value at the time and place of the offense — not retail price — is the legal standard. An attorney can challenge inflated valuations.
Mistaken Identity
Eyewitness identifications and surveillance footage are not always reliable. If the evidence connecting you to the alleged theft is weak — blurry footage, a vague description, a single witness — your attorney can attack the identification directly.
Fourth Amendment Violations
Evidence obtained through an unlawful search or seizure can be suppressed, potentially gutting the prosecution’s case. This issue arises frequently in vehicle searches, home searches, and situations where police exceeded the scope of a warrant.
What Happens After a Theft Arrest in Fort Bend County
Understanding the process helps you make better decisions from the moment of arrest.
Arrest and booking. After an arrest, you’ll be taken to the Fort Bend County Jail in Richmond for processing. A bond will be set, allowing you to be released while your case is pending if you are able to post bond.
Filing of charges. The Fort Bend County District Attorney’s Office reviews the arrest and decides whether to formally file charges. For misdemeanors, this typically happens within days. For felonies, the case will go to a grand jury, which decides whether there is probable cause to indict.
Discovery and investigation. Your attorney requests all evidence the prosecution has, including surveillance footage, witness statements, store records, and police reports. This phase is critical — evidence problems often surface here.
Negotiations or trial. Most theft cases resolve through negotiation. Depending on the facts, your history, and the strength of the evidence, outcomes can include dismissal, reduction to a lesser offense, deferred adjudication, or diversion programs. If no acceptable resolution is reached, the case proceeds to trial.
Timing matters. The sooner you retain an attorney, the more options you have. An attorney involved before charges are filed can sometimes prevent charges from being filed at all.
For more on how Fort Bend County criminal cases work, visit our Fort Bend County Criminal Defense Lawyer page.
Case Results: Theft Charges
Varghese Summersett has a documented record of favorable outcomes in theft cases across Texas, including dismissals, deferred adjudication, and charge reductions. In one recent matter, a client facing misdemeanor theft charges was accepted into a Deferred Prosecution Program, keeping their record clean. In historical cases, the firm secured multiple outright dismissals and prosecution-barred outcomes in theft cases ranging from misdemeanor shoplifting to felony theft over $20,000.
Past results do not guarantee future outcomes. Every case is different, and the outcome depends on the specific facts, evidence, and circumstances involved.
What to Expect From Varghese Summersett
From the moment you call, you’ll speak with a member of our legal team — not a call center. We review your case quickly and give you a real assessment of where things stand and what your options are.
Our Fort Bend criminal defense team handles everything from initial bond hearings to jury trials. We investigate independently, challenge the prosecution’s evidence at every stage, and pursue every available avenue to protect your record. If a favorable plea is available, we’ll identify it. If the case should go to trial, we’re ready.
We also understand the collateral consequences that matter most to you — your job, your professional license, your immigration status, your reputation. We keep those priorities in focus throughout your case, not just the sentence.
Whether your case involves shoplifting, employee theft, organized retail theft, or a high-dollar felony allegation, Varghese Summersett has the experience, the resources, and the track record to fight for you in Fort Bend County. Call (281) 805-2220 anytime — we’re available seven days a week.
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Watch: Why Avoiding a Criminal Conviction Is So Important | Theft in Texas
In this video, one of our attorneys explains why fighting a theft charge — even a misdemeanor — is worth the effort, and how a conviction can follow you far beyond the courtroom.
Frequently Asked Questions: Theft Charges in Fort Bend County
Can a theft charge be expunged in Texas?
A theft case that was dismissed or resulted in a “not guilty” verdict is typically eligible for expunction — meaning the record is destroyed. If you received deferred adjudication for a theft charge, you may qualify for a nondisclosure order (record sealing) after successfully completing probation, depending on the offense level. A theft conviction is generally not eligible for expunction.
What is deferred adjudication for theft in Texas?
Deferred adjudication is a form of probation under which you plead guilty or no contest, but the judge defers a finding of guilt. If you complete the probation terms successfully, the case is dismissed without a final conviction. However, the arrest and deferred adjudication typically appear on your record unless sealed through a nondisclosure order.
Can I be charged with theft even if I returned the property?
Yes. In Texas, theft is complete at the moment the property is unlawfully appropriated with intent to deprive the owner. Returning the property afterward does not undo the offense. However, it may be a mitigating factor in negotiating a resolution or in sentencing.
What is organized retail theft in Texas?
Texas Penal Code § 31.16 creates a separate offense for organized retail theft — situations involving multiple participants or repeated conduct directed at retail establishments. The penalties can exceed those for standard theft at the same dollar amount. Prosecutors in Fort Bend County have increasingly pursued these charges for coordinated shoplifting operations.
Do I need a lawyer for a misdemeanor theft charge?
Yes — and here’s why. Even a Class B misdemeanor theft charge for property worth $100 shows up as a crime of moral turpitude on background checks. It can cost you a job offer, a professional license, or a housing application. The stakes are higher than the charge level suggests, and an attorney may be able to get the charge dismissed, deferred, or reduced in ways that protect your record long-term. Reach out to our Fort Bend defense team to understand your options.
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If you or someone you care about is facing a theft charge in Fort Bend County, time is not on your side. Prosecutors may move fast. Varghese Summersett is available around the clock — call (281) 805-2220 for a free consultation with a Fort Bend theft defense attorney who knows this county’s courts from both sides of the aisle.