Free consultations · Available nights & weekends · Call 979-485-9954
Free consultations · Available nights & weekends · Call 979-485-9954
Home / Criminal Defense / Theft Crimes
Theft charges turn on intent and on value — two things the State frequently assumes. Free consultation: 979-485-9954.
From a shoplifting citation to felony theft and burglary of a habitation, theft offenses are graded by the value of the property or the nature of the place entered. A crime of dishonesty on your record also does lasting damage to employment, so the record consequence often matters as much as the sentence.
Theft requires unlawful appropriation with intent to deprive the owner. Mistake, a claim of right, a returned item, a billing dispute, or a misunderstanding at a self-checkout are not theft — but they can all generate a report that reads like one.
Burglary requires entry without consent plus intent to commit a further offense. Intent at the moment of entry is often inferred from very little, and inference is contestable.
The dollar figure in the report sets the offense level, and it frequently comes from a loss-prevention estimate or retail price rather than fair market value. Reducing the value can reduce a felony to a misdemeanor.
Attorney Donnie Andreski spent more than 20 years with the College Station Police Department, finishing as the lieutenant over criminal investigations. Attorney Adam Andreski prosecuted cases in Harris and Brazos County before joining the defense. Aggregation of multiple alleged incidents into one felony total is another place these cases are overcharged.
| Charge | Classification | Exposure |
|---|---|---|
| Under $100 | Class C misdemeanor | Fine up to $500 |
| $100 to $750 | Class B misdemeanor | Up to 180 days jail |
| $750 to $2,500 | Class A misdemeanor | Up to 1 year jail |
| $2,500 to $30,000 | State jail felony | 180 days–2 years state jail |
| $30,000 to $150,000 | Third-degree felony | 2–10 years prison |
| Burglary of a habitation | Second-degree felony | 2–20 years prison |
Penalty ranges are general. Enhancements, prior convictions, and the facts of your case can change the exposure significantly.
Restitution helps and is sometimes part of a resolution that protects your record, but paying it does not by itself dismiss a criminal case. Do not contact the complainant directly — let it go through counsel.
It is a crime of moral turpitude. Employers, licensing boards, and immigration authorities treat it more harshly than the fine suggests. Keeping it off your record is usually the real objective.
The State must prove entry without consent with intent to commit theft, assault, or a felony. No completed theft is required — but intent at entry has to be proved, and often it is only assumed.
The first goal is keeping this off your record, not just out of jail. Free consultation — call 979-485-9954.
