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Theft & Fraud

Theft and fraud are some of the most frequently prosecuted offenses in Texas, but few people understand the broad range of conduct these charges encompass. From shoplifting and embezzlement to insurance fraud and online scams, the legal consequences can be serious and long-lasting.In this guide, we break down Texas theft and fraud laws, offering clarity for defendants, families, and anyone seeking to protect their rights across Harris, Fort Bend, Galveston, and Brazoria Counties. (See "What Is Theft and Fraud Under Texas Law?")

What Is Theft and Fraud Under Texas Law? A Legal Overview

Theft and fraud are some of the most frequently prosecuted offenses in Texas, but few people understand the broad range of conduct these charges encompass. From shoplifting and embezzlement to insurance fraud and online scams, the legal consequences can be serious and long-lasting.

In this guide, we break down Texas theft and fraud laws, offering clarity for defendants, families, and anyone seeking to protect their rights across Harris, Fort Bend, Galveston, and Brazoria Counties. (See "What Is Theft and Fraud Under Texas Law?")

Legal Definitions of Theft and Fraud in Texas

Under Texas Penal Code §31.03, theft occurs when someone unlawfully appropriates property with intent to deprive the owner of it. Fraud, on the other hand, includes a broader category of deceptive practices, often defined under specific statutes like credit card abuse, insurance fraud, or identity theft.

Key components include:

  • Unlawful appropriation
  • Intent to deprive
  • Deception or misrepresentation

(See "Types of Theft Offenses in Texas" and "Types of Fraud Charges in Texas")

Types of Theft Offenses in Texas

Texas law identifies several forms of theft, including:

  • Shoplifting
  • Burglary of a vehicle or habitation
  • Embezzlement
  • Theft of services
  • Receiving stolen property

Each charge depends on the method of theft, the value of the property, and the offender’s history.

(See "Types of Theft Offenses in Texas")

Types of Fraud Charges in Texas

Fraud can take many forms. Common offenses include:

  • Credit card abuse
  • Forgery
  • Insurance fraud
  • Check fraud
  • Identity theft
  • Online/digital fraud

Many of these crimes fall under both state and federal jurisdiction, making experienced legal representation crucial.

(See "Types of Fraud Charges in Texas")

Penalties for Theft and Fraud Crimes in Texas

Penalties are largely determined by the value of the stolen or fraudulently obtained property:

  • Class C Misdemeanor: Under $100
  • Class B Misdemeanor: $100 - $750
  • Class A Misdemeanor: $750 - $2,500
  • State Jail Felony: $2,500 - $30,000
  • Third-Degree Felony: $30,000 - $150,000
  • Second-Degree Felony: $150,000 - $300,000
  • First-Degree Felony: $300,000 or more

Convictions can also lead to fines, probation, jail or prison time, and a permanent criminal record.

(See "Penalties for Theft and Fraud Crimes in Texas")

How Theft and Fraud Cases Are Investigated and Prosecuted in Texas

The prosecution process typically involves:

  • Gathering evidence (receipts, digital trails, witness statements)
  • Reviewing surveillance or transaction records
  • Determining intent through communications or financial records

Prosecutors will use this evidence to establish intent and knowledge. In complex fraud cases, investigators may work with financial analysts or forensic accountants.

(See "How Theft and Fraud Cases Are Investigated and Prosecuted in Texas")

Legal Defenses to Theft and Fraud Charges in Texas

Common legal defenses include:

  • Lack of intent
  • Consent from the property owner
  • Mistaken identity
  • Duress or coercion
  • Illegal search or seizure

A defense lawyer can scrutinize every element of the case and suppress unlawfully obtained evidence.

(See "Legal Defenses to Theft and Fraud Charges in Texas")

How Theft and Fraud Convictions Affect Your Life in Texas

The consequences go far beyond the courtroom:

  • Employment: Theft or fraud convictions can bar you from many jobs.
  • Housing: Landlords may deny applications based on your criminal history.
  • Education: Some colleges or financial aid programs may reject applicants with criminal records.
  • Civil Rights: Felony convictions may limit voting rights and the right to own firearms.

(See "How Theft and Fraud Convictions Affect Your Life in Texas")

Hiring a Defense Attorney for Theft and Fraud Charges

Choosing the right attorney can dramatically change the course of your case. Look for:

  • Experience with theft and fraud cases
  • Trial and negotiation skill
  • Familiarity with local courts

Engaging a defense attorney early can open the door to diversion programs, case dismissal, or reduced charges.

(See "Hiring a Defense Attorney for Theft and Fraud Charges")

Get Trusted Legal Support

A theft or fraud charge can damage your reputation, finances, and freedom—but you don’t have to face it alone. Mekisha Walker brings years of courtroom experience and deep knowledge of Texas criminal law to every case.

Call Walker Law Office at (713) 228-2611 today to begin building your defense and protecting your future.

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