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Last Modified on Feb 11, 2026
It can be overwhelming to face first-time theft charges in Houston. Theft is a serious crime and can result in serious consequences, including jail time, fines, and a permanent criminal record. Depending on the circumstances of your charges, there are ways you could avoid a jail sentence.
Hire a Theft Lawyer
It can be challenging to face theft charges without a Houston theft lawyer. At Greco Neyland, PC, our team is comprised of experienced criminal defense lawyers ready to advocate for your interests and formulate a defense strategy for your theft case.
Theft Rates in Houston
The Houston Police Department collects crime data for each district monthly. During 2025, there were a total of 36,772 thefts in Houston across all districts. Compared with 2024’s yearly totals, Houston had a 5% increase in thefts.
Houston residents facing theft charges are seen at the Harris County Criminal Justice Center. Misdemeanor theft charges are heard in Criminal Court, while felony charges are heard in District Court.
Steps in a Theft Charge in Houston
When charged with theft, there is a standard procedure following the initial arrest. Once you are able, you should consult a Houston theft lawyer to review the charges. The initial steps are:
- Initial booking: You are taken to jail and booked into the system. Officers record your personal information, take photos and fingerprints, and enter the charges into their system.
- Bond hearing: Within 24 to 48 hours, you are brought before a judge to review the case, tell you your rights, and set a bond amount. You may be released on your own recognizance or required to pay a bond before you are released.
- Arraignment: At the arraignment hearing, the charges are explained, and you must enter a plea. At this point, you should have a criminal defense attorney to guide you through the process.
- Pretrial hearing: During this phase, your attorney works with the prosecutor and the judge to review the evidence. Your case may be resolved through a plea agreement or diversion program.
- Trial: If an agreement or program is not possible, the case moves to trial. The judge and, possibly, a jury hear the evidence from both sides and determine the verdict.
- Sentencing: If the verdict is not guilty, the accused is free to go. If the verdict is guilty, the judge determines the sentences.
An experienced theft attorney can argue the benefits of pursuing alternative sentencing programs or diversion programs for a first-time offender to avoid a possible jail sentence.
Possible Penalties for a Theft Charge in Houston
There are many degrees of theft charges that could be filed. Possible penalties depend on whether the charges are misdemeanors or felonies and on the degree of the offense. Possible charges include:
- Class C misdemeanor: The value stolen is under $100. Punished by a fine of up to $500.
- Class B misdemeanor: The value stolen is between $100 and $750. Punished by a fine of up to $2,000, confinement in jail up to 180 days, or both.
- Class A misdemeanor: The value stolen is between $750 and $2,500. Punished by a fine of up to $4,000, confinement in jail up to one year, or both.
- State jail felony: The value stolen is between $2,500 and $30,000. Punished by a fine of up to $10,000, confinement in jail from 180 days to two years, or both.
- Third-degree felony: The value stolen is between $30,000 and $150,000. Punished by a fine of up to $10,000, confinement in prison from two to 10 years, or both.
- Second-degree felony: The value stolen is between $150,000 and $300,000. Punished by a fine of up to $10,000, confinement in prison from two to 20 years, or both.
- First-degree felony: The value stolen is $300,000 or more. Punished by a fine of up to $10,000, confinement in prison from five to 99 years, or both.
FAQs
How Much Do You Have to Steal to Go to Jail in Texas?
Generally, there is no specific dollar amount that dictates whether a theft could lead to jail time. Lower-dollar amount thefts are considered misdemeanors, while higher-dollar amount thefts are more likely to be classified as felonies.
Thefts of low-value items are less likely to result in jail time, but some factors could increase a low-value theft to a higher charge. Prior convictions, taking specific types of property, or using tools can increase the charge.
How Much Evidence Is Needed to Be Charged With Theft in Houston?
The evidence threshold necessary to charge someone with theft in Houston is lower than the legal threshold to find someone guilty of theft. If there is probable cause that a theft has been committed, charges can be filed with little evidence.
Charges may be brought if the accused is seen on security footage or identified by eyewitnesses. Although only cursory evidence is needed to charge someone with theft, a higher standard is required to convict them.
What Is the Most Typical Punishment for a First-Time Felony in Houston?
There is no single, typical punishment for a first-time felony conviction in Houston. Depending on the degree of the felony charge, long prison sentences are typical. For a first-time, non-violent felony conviction, there is the possibility of avoiding a prison sentence.
Deferred adjudication probation allows a first-time, non-violent offender to avoid a prison sentence by agreeing to a lengthy probation sentence. Successfully completing the terms of probation leads to the case being dismissed with no final conviction.
What Aggravating Factors Can Elevate a Theft Charge in Houston?
Most theft charges are misdemeanors, but several aggravating factors can elevate a theft charge from a misdemeanor to a felony. These factors aim to protect vulnerable populations and to more harshly punish repeat offenders.
Aggravating factors include thefts from a victim who is elderly, a minor, or disabled. Thefts committed by a public servant are treated more harshly than thefts involving a firearm, a controlled substance, or the use of shielding devices or deactivation tools.
Contact Greco Neyland, PC
Our team is ready to negotiate on your behalf or take your case to trial. First-time theft charges are serious, but there are ways to minimize the consequences and defend against the charges. Contact Greco Neyland, PC, today to schedule your initial consultation.
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