Defending Against Theft Crime Charges in Travis County
If you or someone you care about has been accused of theft in Austin, you are facing a problem that can affect far more than one court date. A conviction can bring jail time, fines, and a criminal record that follows you into job applications, housing, and future opportunities. In this situation, you need a theft lawyer who understands how these cases are built and how they are resolved in Texas courts.
At Lance Kennedy Law, our criminal defense practice is devoted to Texas criminal law, including theft and related property offenses. You do not have to navigate this alone or guess about your next step. We can walk you through what the charge means, what to expect in court, and what options may be available.
To make informed decisions about your case, it helps to understand what Texas law means by theft and how the value of property affects potential penalties. In general terms, Texas theft statutes treat it as an offense to unlawfully take property that belongs to someone else without consent, or to appropriate property knowing it has been stolen. This can include shoplifting from a store, employee theft, taking a vehicle, or certain financial conduct.
The seriousness of a theft charge usually depends on the value of the property and any prior record. Lower-value cases are typically filed as misdemeanors, which can still carry the risk of jail time and probation. Higher-value or repeat allegations can be charged as felonies, which may expose you to prison and more severe long-term consequences. Some theft-related offenses can also be linked to other statutes, such as fraud or organized crime provisions.
Even when the dollar amount seems small, prosecutors in Travis County and surrounding Central Texas counties often treat theft cases as important. Retailers, employers, and alleged victims may push for aggressive prosecution. A conviction can affect professional licenses, student status, and, in some situations, immigration cases. That is why it is critical not to dismiss a theft charge as minor without speaking to a knowledgeable theft crime lawyer.
How We Defend Theft Allegations
Every theft case is different, and the right defense depends on the facts, the evidence, and your personal history. That said, there are common building blocks that prosecutors rely on when they try to prove theft. These can include surveillance or body camera video, loss prevention reports, witness statements, digital records such as bank or card activity, and any statements you made to store staff or law enforcement.
Our work often begins with a careful review of how this evidence was obtained and how it is being used. We look at whether the video actually shows what the report claims, whether witnesses have consistent accounts, and whether documents accurately reflect what happened. In some cases, value can be challenged, for example if items were recovered or if the valuation method is not clear. In others, the key issue is whether the state can prove that you intended to deprive someone of property, rather than being involved in a misunderstanding or mistake.
Constitutional and procedural issues also matter. If officers searched you, your home, or your phone, we examine whether they had lawful authority. If you gave a statement, we consider whether your rights were fully respected. Our goal is to identify weaknesses in how the case was put together and to use those weaknesses in court or negotiations as appropriate. Our history of trying cases in federal and Texas courts informs how we evaluate whether it makes sense to push toward trial or pursue another resolution.
Taking the right steps now can strongly affect what options you have later. People sometimes hurt their cases by trying to explain themselves to loss prevention staff, store managers, or detectives without guidance. Others post about the situation on social media or text friends details that later show up in discovery. We encourage you to pause before you act and to get legal advice early.
Practical steps that can help protect your position include:
Avoid on-the-spot explanations and do not discuss the incident with law enforcement or store personnel without speaking to an attorney first.
Limit online activity and do not post about the accusation or related events on social media or group chats.
Organize your paperwork by keeping any citations, bond documents, or store notices in a safe place where you can find them quickly.
Capture your memory by writing down what happened while details are fresh, and note any cameras, receipts, or witnesses you recall.
Reach out for legal guidance and contact a qualified theft attorney promptly so your rights and options can be reviewed before key court dates.
When you work with us, we discuss these steps in detail and tailor our approach to your priorities. For some clients, avoiding a conviction is the driving concern. For others, limiting public exposure or protecting a professional license is vital. We listen first, then use our prosecutorial knowledge and trial background to craft a strategy that reflects your goals and the realities of the evidence.
Common Theft Charges in Austin
In the Austin area, individuals may face theft charges involving a broad range of allegations, including:
Shoplifting or retail theft from stores in major shopping areas such as The Domain, South Congress, and large retail centers
Theft of services, such as dining or transportation services, without payment
Motor vehicle theft or unauthorized use of a vehicle
Package theft from residential neighborhoods and apartment complexes
Employee theft, embezzlement, or workplace-related allegations
Construction site theft involving tools, materials, or equipment
Identity theft and financial fraud cases involving credit cards or personal information
Organized retail theft investigations involving coordinated activity or repeat offenders
Contact us today to get started with our theft crimes attorney in Austin.
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Knowing what to expect in the coming weeks can ease some of the anxiety that comes with a theft charge. Your first court settings often focus on issues such as bond, basic rights, and scheduling. Later dates may involve plea offers, deadlines for filing motions, and status updates for the judge. Courts generally expect you to appear on time, comply with any bond conditions, and communicate through your attorney. Missing court or violating conditions can lead to additional problems that we work to help clients avoid.
Our role includes more than showing up beside you at the podium. We explain, in advance, what each appearance is likely to involve so you are not taken by surprise. We talk through possible paths, such as continuing to investigate, filing motions, considering plea proposals, or preparing for trial if that is in your best interest. The specific course depends on the charge, your history, and how the evidence looks once we have examined it.
Because our attorney previously handled cases from the prosecution side in Austin, we understand how those offices approach different types of theft. That experience helps us anticipate how a particular court or prosecutor might view requests related to scheduling, discovery, or proposed resolutions. Our goal is to use that familiarity with the local system to guide you through the process as clearly and effectively as possible.
Theft Cases in Travis County Courts
Theft charges arising in Austin are typically prosecuted through the Travis County criminal court system, where cases are handled based on the severity of the allegation, the value of the property involved, and the defendant’s prior criminal history. While some cases begin in lower-level misdemeanor courts, more serious allegations may be filed directly as felony offenses and assigned to district courts.
After an arrest or citation, most theft cases move through a structured legal process that includes arraignment, pretrial hearings, and ongoing court settings where both the prosecution and defense exchange evidence. During this phase, the State may present surveillance footage, witness statements, store security reports, financial records, or police findings to support the charge. At the same time, the defense may challenge the sufficiency of the evidence, question intent, or raise issues related to identification, ownership, or lawful possession.
Because Travis County courts handle a high volume of theft-related cases, outcomes often depend on early case evaluation, timely legal motions, and strategic negotiation with prosecutors at each stage of the process.
Frequently Asked Questions
Will a theft charge send me to jail?
A theft charge does not automatically mean you will go to jail. The outcome depends on factors such as the value involved, whether it is a misdemeanor or felony, and your prior record. We review these details and explain realistic risk so you understand what you are truly facing.
Can you help keep a theft off my record?
In some cases, there may be options that reduce the impact on your record, but no result can be guaranteed. What is possible depends on the charge, your history, and local practices. We discuss potential paths with you and work to pursue the outcome that best protects your future.
How soon should I call a theft attorney?
It is usually best to speak with a theft crime lawyer as early as possible. Early involvement allows us to advise you before you talk to investigators, attend critical court settings, or make decisions that are hard to undo. Waiting often limits options and can increase stress.
How does your prosecutor background help my case?
Our background as a former Assistant United States Attorney and former Federal Assistant District Attorney in Austin means we have evaluated and tried criminal cases from the other side. We understand how prosecutors assess evidence and risk, and we use that insight when we analyze your case and discuss strategy.
What happens at the first meeting with your firm?
At our first meeting, we listen to your account of what happened and review any paperwork you have received. We identify the current status of the case, explain the process ahead, and answer your questions. We also outline how we would approach your defense if you choose to work with us.
Can theft charges be dismissed in Texas?
Every case is different, and dismissal is never guaranteed. However, theft charges may be dismissed if there is insufficient evidence, constitutional violations, witness credibility issues, or other legal problems with the prosecution’s case. We carefully evaluate every available avenue to seek the best possible resolution.
What is the difference between misdemeanor and felony theft in Texas?
In Texas, theft offenses are generally classified based on the value of the property allegedly taken and certain other circumstances. Misdemeanor theft typically involves lower-value property, while felony theft involves higher values or specific aggravating factors. The classification can significantly affect the potential penalties and long-term consequences.
Will I have to go to court for a theft case?
Court appearances depend on the nature of the charges and the stage of the proceedings. Some hearings may require your presence, while others may not. We keep you informed throughout the process and explain what to expect before every court date.
Can a theft conviction affect my job or professional license?
Yes. A theft conviction may have consequences beyond criminal penalties, including difficulties obtaining employment, maintaining professional licenses, securing housing, or passing background checks. Protecting your future is an important part of any defense strategy.
How long does a theft case usually take to resolve?
The timeline varies depending on factors such as the complexity of the case, court schedules, negotiations with prosecutors, and whether the matter proceeds to trial. Some cases resolve relatively quickly, while others may take several months or longer.
Contact Our Austin Theft Lawyer Today
Facing a theft accusation in Austin can feel overwhelming, especially when you worry about your freedom, your job, and your family. You do not have to sort through statutes, court rules, and paperwork alone. Speaking with our team can give you a clearer picture of where you stand and what can be done.
At Lance Kennedy Law, our practice is devoted to criminal defense in Texas, and we represent people charged with theft in Austin and across Central Texas. Our goal is not only to address the immediate charge but also to help you move toward a clearer future whenever possible. If you would like to talk about your situation and your options, our Austin theft crimes attorneys are ready to listen.
When your freedom is on the line, partnering with a trusted defense lawyer is paramount to dismissing or reducing the charges against you. Some important reasons to work with our nationally acclaimed attorneys include:
Legal guidance. We can explain the charges against you, review your legal options, and help you make informed decisions throughout your case.
Navigating criminal court. Our firm is familiar with local court processes and procedures to help you navigate the intricacies of your criminal case.
Building a defense. We can analyze the prosecution’s evidence against you and build a robust defense on your behalf.
Negotiating with prosecutors. Whether it’s a dismissal, reduced charges, or a plea deal, we can negotiate skillfully on your behalf to pursue a fair outcome.
Reducing potential penalties. Our goal is to mitigate the potential impacts of a criminal conviction on your life, liberty, and livelihood.
If you were arrested for DWI near The Galleria, you could lose your driver’s license if you refuse to take a chemical test or have a blood alcohol concentration (BAC) of 0.08% or higher. However, this is not automatic.
A DWI arrest triggers two separate legal proceedings: the criminal case and an administrative license revocation (ALR) case handled by the Department of Public Safety (DPS). In most cases, you have 15 days from the date of arrest to request an ALR hearing to challenge the suspension.
Failure to meet this deadline can result in the automatic suspension of your license, even if you are not convicted. We can work tirelessly to protect your driving privileges by requesting an ALR hearing on your behalf and representing you in both the criminal and civil proceedings.
In 2025, possessing any amount of marijuana is illegal in Texas. If you were caught with marijuana in Montrose, the exact penalties depend on the classification of the crime.
For example, a class B misdemeanor (possessing up to 2 ounces) is punishable by up to 180 days in jail and a maximum fine of $2,000. A class A misdemeanor (possessing 2-4 ounces) is punishable by up to one year in jail and a maximum fine of $4,000.
Depending on your case, you might be eligible for a pre-trial diversion program, which can lead to dismissed or expunged charges. Our firm is well-versed in the complex and evolving legal landscape of marijuana laws to help you pursue a favorable outcome.
We understand that facing criminal charges can be overwhelming and stressful. As dedicated federal criminal defense attorney with years of experience, I am committed to providing personalized legal counsel for your defense. My approach is tailored to meet your unique needs, ensuring that you have an ally to help get your life back.
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Get a Free Case Review
Let’s discuss your case, your goals, and what strategies are right for you.
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Resolve Your Case
I will lead you every step of the way. Together, we will fight for a dismissal.
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Work to get the best results possible so you can get your life back.
Choosing the right criminal defense attorney in Austin is an important decision. At Lance Kennedy Law, our criminal defense attorneys understand the weight of this choice and the trust you place in your legal representative. Our promise to you goes beyond just words, it’s a tangible commitment to excellence, transparency, and relentless advocacy as we navigate your case together.
