Being charged with theft in Southlake is not just about the property. A conviction, even for a low-dollar shoplifting case, may cost you a job, a professional license, a security clearance, or your immigration status.
Our Southlake theft lawyers handle every grade of theft charge in Tarrant County, from a Class C citation at Southlake Municipal Court to a first-degree felony indictment in the Tarrant County District Courts, and we build defenses aimed at the specific weakness in the state's case.
At Fulgham Hampton Criminal Defense Attorneys, partners Jeff Hampton and Brandon Fulgham have handled thousands of theft cases from both sides of the courtroom, first as prosecutors and now as defense counsel.
Our firm has:
- 3,000+ clients helped across Fort Worth and Tarrant County
- 100+ years of combined criminal defense experience
- 800+ Google reviews
- 24/7 availability, in English and Spanish
- Seven DFW offices, including Southlake
Call 817-877-3030 to talk with a Southlake theft attorney about your case, day or night.
What a Southlake Theft Lawyer Handles
A Southlake theft lawyer represents people charged under any part of Chapter 31 of the Texas Penal Code, which covers shoplifting, employee theft, theft by check, embezzlement, theft of services, and organized retail theft. Texas consolidates these into a single "theft" offense under Texas Penal Code § 31.03, so whatever the police report calls it, the charge is theft.
Common Southlake theft cases include:
- Shoplifting and retail theft at Southlake Town Square and area stores
- Employee theft and embezzlement
- Theft by check and theft of services
- Credit or debit card abuse
- Theft from a person
- Theft of a firearm
- Catalytic converter theft
- Organized retail theft under Texas Penal Code § 31.16
- Felony theft ($2,500 and up)
- Theft with an enhancement (elderly victim, public servant, nonprofit, fire-alarm activation, or shielding device)
Our Clients
Texas Theft Penalties by Dollar Amount
Texas grades theft almost entirely on the value of the property stolen, from a Class C misdemeanor to a first-degree felony. Under Texas Penal Code § 31.03(e), the punishment ladder is fixed, and Tarrant County prosecutors use it to set plea offers and sentencing recommendations.
- Class C misdemeanor — property under $100 — fine up to $500, no jail
- Class B misdemeanor — $100 to $749, or under $100 with a prior theft, or a stolen driver's license — up to 180 days in county jail and a fine up to $2,000
- Class A misdemeanor — $750 to $2,499 — up to 1 year in county jail and a fine up to $4,000
- State jail felony — $2,500 to $29,999, or a firearm, or property taken from a person, or an official ballot, or 2+ prior theft convictions under $2,500 — 180 days to 2 years in a state jail and a fine up to $10,000
- Third-degree felony — $30,000 to $149,999, or 10+ head of sheep, swine, or goats — 2 to 10 years in prison and a fine up to $10,000
- Second-degree felony — $150,000 to $299,999, or the contents of an ATM — 2 to 20 years in prison and a fine up to $10,000
- First-degree felony — $300,000 or more — 5 to 99 years or life in prison and a fine up to $10,000
For a fuller breakdown, see how Texas classifies theft charges by dollar amount across the misdemeanor and felony brackets.
Where Your Southlake Theft Case Will Be Heard
Where a Southlake theft case is heard depends on the grade of the charge and which county the alleged theft occurred in. Class C shoplifting citations are typically filed at Southlake Municipal Court, misdemeanors above Class C go to the Tarrant County criminal courts in Fort Worth, and every theft felony is indicted and tried in the Tarrant County District Courts.
- Southlake Municipal Court — Class C misdemeanor theft under $100 cited by Southlake Police
- Tarrant County Criminal Courts (Fort Worth) — Class A and Class B misdemeanor theft
- Tarrant County District Courts (Fort Worth) — all theft felonies (state jail through first degree)
- Denton County courts — if the alleged theft occurred in the portion of Southlake that lies within Denton County
Southlake straddles the Tarrant and Denton County line, and the county where the alleged conduct occurred controls where the case is filed. That distinction matters because the two DA offices have different practices on pretrial diversion, plea negotiations, and how they treat first-time offenders.
Common Defenses to Texas Theft Charges
The most common defenses to a Texas theft charge focus on intent, ownership, and the reliability of the state's evidence. Because theft requires proof of intent to deprive the owner permanently under § 31.03(a), an honest mistake, a dispute over ownership, or a payment issue at the register may defeat the charge.
- No intent to deprive. A person who forgets an item in the cart, walks past a register because of a distraction, or believes an item belongs to them lacks the mental state § 31.03 requires.
- Consent or authorization. If the alleged owner, an employer, a business partner, or a family member authorized the transfer of the property, the appropriation is not "unlawful."
- Wrong value grade. Prosecutors sometimes overvalue property. Correcting the value at the pretrial stage may drop a felony to a misdemeanor or knock a Class A down to a Class B.
- Mistaken identification. Retail loss-prevention video, single-witness cases, and grainy stills are all subject to challenge.
- Illegal stop or search. Fourth Amendment issues at a store, in a parking lot, or during a traffic stop may lead to suppression of key evidence.
- Aggregation problems. Under § 31.09, prosecutors may add amounts from separate incidents to elevate the grade. That aggregation is often challenged when the incidents are not truly part of one scheme or continuing course of conduct.
Every one of these defenses has to be built early, with hard evidence and witness testimony where the case calls for it.
Collateral Consequences of a Texas Theft Conviction
A theft conviction in Texas creates consequences well beyond the sentence itself. Because Texas classifies theft as a crime involving moral turpitude, even a Class C conviction may affect jobs, professional licenses, and immigration status for years.
- Employment — theft convictions show up on background checks and disqualify candidates from many jobs
- Professional licensing — nursing, teaching, real estate, financial services, and law enforcement all treat theft as a serious disqualifier
- Immigration — theft is treated as a crime involving moral turpitude and may trigger deportation, inadmissibility, or denial of naturalization
- Housing — most landlords run a background check
- Firearm rights — any felony conviction, state or federal
- Financial aid and loans — federal student aid may be affected
Because theft is a moral turpitude offense, a theft conviction may later qualify for expungement or non-disclosure only in narrow circumstances, typically dismissal, acquittal, or successful completion of deferred adjudication on an eligible offense. Getting the case dismissed or diverted the first time around is often the only way to keep the record clean.
Call 817-877-3030 to talk about your options with a Southlake theft defense attorney.
Why Choose Fulgham Hampton for Your Southlake Theft Case
Fulgham Hampton is a Fort Worth criminal defense firm serving Southlake and the greater DFW metroplex. Partners Jeff Hampton and Brandon Fulgham lead the Southlake criminal defense team, which handles theft cases in Tarrant County and Denton County from arraignment through trial.
- Both sides of the courtroom. Jeff Hampton and Brandon Fulgham each served as prosecutors before building their careers on the defense side, so we know how the DA's Office builds and evaluates a theft case.
- Trial-ready every time. Prosecutors offer better outcomes to defense lawyers who file motions, contest evidence, and are prepared to try the case.
- Local court knowledge. We appear in Tarrant County criminal courts and district courts every week and know the judges, prosecutors, and pretrial diversion coordinators handling theft dockets.
- Available 24/7. Theft arrests happen after hours. Someone answers the phone at 817-877-3030 whenever you call.
- English and Spanish. Full defense in either language.
Frequently Asked Questions
Is shoplifting a felony in Texas?
Shoplifting is not a separate offense in Texas. It is prosecuted as theft under Texas Penal Code § 31.03, and whether it is a misdemeanor or felony depends on the value of the merchandise and any prior theft convictions. Shoplifting under $100 is a Class C misdemeanor. Shoplifting $2,500 or more of merchandise is a felony. Two prior theft convictions of any grade elevate even a low-dollar shoplifting case to a state jail felony.
What is the punishment for a first-time theft charge in Texas?
A first-time theft charge in Texas is punished based on the value of the property, from a fine-only Class C misdemeanor (property under $100) up to a first-degree felony carrying 5 to 99 years in prison (property $300,000 or more). Most first-time Southlake shoplifting cases fall in the Class B or Class A misdemeanor brackets and may qualify for deferred adjudication, pretrial diversion, or other alternatives to a conviction. A defense attorney's job is to keep a first offense off the permanent record wherever possible.
What is the statute of limitations for theft in Texas?
The statute of limitations for felony theft in Texas is generally 5 years from the date of the offense under Texas Code of Criminal Procedure Article 12.01. Certain specialized categories, such as theft by a public servant or theft by an executor or administrator, carry a 10-year limitations period. Misdemeanor theft has a 2-year statute of limitations under Article 12.02.
Can a Southlake theft charge be dismissed?
A Southlake theft charge may be dismissed in some cases, most often when the state's evidence on intent or identification is weak, when a Fourth Amendment issue leads to suppression of key evidence, or when the client qualifies for pretrial diversion or a comparable program. Dismissal is not guaranteed in any case. Whether it is realistic depends on the facts, the county, the assigned court, and the prosecutor.
Do I need a lawyer for a low-dollar shoplifting case?
Yes, hiring a lawyer for even a low-dollar shoplifting case is worth serious consideration because a theft conviction is a lifelong record that shows up on background checks and licensing applications. A defense attorney may pursue a dismissal, a pretrial diversion, or a deferred adjudication that keeps the offense off the record, options that are much harder to secure without counsel involved from the start.
How long does a theft case take in Tarrant County?
Most Class B and Class A misdemeanor theft cases in Tarrant County resolve within 3 to 6 months. State jail felony and third-degree felony theft cases typically take 6 to 12 months. More serious felony theft indictments, particularly cases involving aggregation, employee theft, or organized retail theft rings, may take a year or more, especially when the case moves toward trial.
Talk to a Southlake Theft Attorney
If you are facing a theft charge in Southlake, the earlier a defense attorney is involved, the more options remain on the table. Loss-prevention video is overwritten, witness memories fade, and prosecutors lock in plea positions once the case ages in the system.
Call Fulgham Hampton Criminal Defense Attorneys at 817-877-3030, any time, day or night, to talk with a Southlake theft lawyer about your case. We answer 24/7 and serve clients in English and Spanish.
Prior results do not guarantee a similar outcome. Statutes and procedures may change; verify current law before relying on this page.