What’s at stake
For ordinary property theft graded solely by value, $100 to under $750 is generally Class B, $750 to under $2,500 Class A, and $2,500 to under $30,000 a state jail felony. A firearm, taking property from a person or qualifying prior theft convictions can change the grade even at a lower value.
What a Texas court looks at
At a pretrial setting, counsel can determine whether the state has supplied the full store recording, register records or audit. If there is an offer, ask what it would place on your record, whether restitution is a condition and who decides if a diversion option is available.
What happens next
- Identify the property, alleged owner and date. Check how police or the retailer calculated the value.
- Trace possession and permission using receipts, checkout data, contracts, messages and the full camera sequence.
- Review any restitution demand, prior-case allegation or proposed resolution together with the evidence on ownership and intent.
Timing and deadlines
Store recordings and checkout logs may be overwritten, while a business audit can take longer. Flag the date and store location early so counsel can consider a preservation request.
Costs and payment
Possible restitution, a private demand and attorney fees are separate items. Ask counsel to identify the sender and legal effect before paying or signing a document.
How to prepare
- Gather receipts, return records and proof of payment.
- Keep the full conversation about lending, access or authorization.
- List serial numbers, item condition and competing valuations.
How Angel and his team can help
A former prosecutor knows why a loss-prevention summary can read more clearly than the original video. Angel can compare the register exception with receipt times and footage from before the exit. This can distinguish an unscanned item from what the evidence actually shows about a person’s intent.
Speak with the officeQuestions and answers
If I returned the property, can the case continue?
Yes. A return can be relevant to intent, value of loss or negotiations. It does not by itself decide what happened when the property was taken.
What if I thought I had permission?
Tell counsel who gave permission, what you understood it covered and how it was communicated. Messages, past practice and access records may corroborate that account.
Why does the item’s price matter?
Value can affect how the offense is classified. Counsel can compare the state’s figure with evidence of market value and condition, and check whether any special statutory rule applies.
Can several small purchases be combined in one allegation?
Section 31.09 permits aggregation when amounts were obtained through one scheme or continuing course of conduct. Ask for an itemized list by date, source and amount so counsel can assess whether the events belong together.
I missed a scan at self-checkout. What details matter?
Save the entire receipt, payment confirmation and any register message. Explain the order you scanned items, whether staff assisted and what you noticed at the time. The surrounding evidence matters to the allegation of intent.
Can past theft convictions affect a new low-value charge?
Yes. For example, §31.03 can elevate an ordinary theft below $2,500 to a state jail felony with two or more qualifying prior theft convictions. Bring prior judgments so counsel can check the conviction, identity and basis alleged.
Does a store’s payment demand settle the criminal case?
A retailer’s civil demand and a prosecutor’s case are separate. Show counsel the letter, deadline, recipient and any proposed release before responding. A private payment by itself does not resolve the criminal charge.
The accusation involves something I bought secondhand. What should I keep?
Keep the listing, payment trail, seller contact information, agreed price and messages from before the purchase. They can help counsel examine how you obtained the item and what you knew at that time.
Let’s talk about your next step.
You don’t have to figure it out alone. Talk with Angel’s office about your concerns, upcoming dates and how the team can help.