Theft & Burglary Defense Lawyers in Austin

Property Crime Defense in Austin and Travis County

Property crime allegations in Austin-spanning shoplifting in major retail centers like The Domain, vehicle break-ins along South Congress, and residential burglary accusations in North Austin-are vigorously investigated by law enforcement. The Austin Police Department (APD) and the Travis County Sheriff's Office (TCSO) actively deploy specialized property crime and auto theft task forces across the city.

Criminal proceedings for theft and burglary offenses are adjudicated at the Blackwell-Thurman Criminal Justice Center (CJC) at 509 W 11th Street in downtown Austin. Misdemeanor theft and burglary of a motor vehicle (BMV) cases are assigned to the Travis County Courts at Law. In contrast, felony property offenses-such as burglary of a habitation or high-value commercial theft-are assigned to the Travis County District Courts and prosecuted by the District Attorney's Office.

An astute Austin theft defense lawyer investigates the state's evidence from the outset, challenging witness identifications, reviewing commercial surveillance video, and re-evaluating property valuations. Dedicated counsel works to reduce felony property charges to misdemeanors or secure admission into Travis County diversion dockets that protect clients from permanent criminal records.

Theft & Burglary Legal Fee Schedule

Critical Legal Deadlines & Statutes in Texas

Theft offenses in Texas are codified under Tex. Penal Code § 31.03, where penalties are graded strictly by the fair market value of the property stolen under Tex. Penal Code § 31.03(e). Theft is a Class B misdemeanor if the value is $100 or more but less than $750; a Class A misdemeanor if $750 or more but less than $2,500; and escalates to a state jail felony if the value is $2,500 or more but less than $30,000.

Burglary is governed by Chapter 30 of the Texas Penal Code. Under Tex. Penal Code § 30.02, burglary of a building is a state jail felony, while burglary of a habitation is a second-degree felony punishable by two to twenty years in prison. Burglary of a motor vehicle (BMV) is prosecuted under Tex. Penal Code § 30.04 as a Class A misdemeanor, with mandatory minimum jail time for repeat offenders.

Under Tex. Code Crim. Proc. art. 12.01, the felony statute of limitations for theft, burglary, and robbery is generally three years from the date of the offense. For misdemeanor property offenses, the statute of limitations is two years pursuant to Tex. Code Crim. Proc. art. 12.02. Incarcerated defendants who are not indicted within ninety days of detention are entitled to release on personal bond under Tex. Code Crim. Proc. art. 17.151.

Small Claims Limits vs. District Court Defense

While Texas Justice of the Peace courts handle civil small claims actions up to $20,000 pursuant to Tex. Gov't Code § 27.031, small claims courts have no authority over criminal theft or burglary prosecutions. Even if a merchant files a civil demand under the Texas Theft Liability Act (Tex. Civ. Prac. & Rem. Code § 134.001), the criminal case remains under the exclusive jurisdiction of the criminal courts at the Blackwell-Thurman CJC.

Theft offenses are classified as "crimes involving moral turpitude" (CIMT) under state and federal law. A theft conviction permanently ruins employment opportunities, bars individuals from obtaining professional licenses in Texas, and leads to immediate deportation for non-citizens. Retaining an accomplished Austin defense lawyer ensures your legal team can challenge the prosecution's property valuation, assert lack of intent, and negotiate deferred adjudication under Tex. Code Crim. Proc. art. 42A.102 to preserve eligibility for future record sealing under Tex. Gov't Code § 411.072.

Red Flags When Hiring an Austin Theft Defense Lawyer

• Paying a retailer's civil demand notice under Tex. Civ. Prac. & Rem. Code § 134.001 without legal advice, mistakenly believing it will dismiss the separate criminal charge at the CJC.
• Lawyers who accept the state's valuation of allegedly stolen property without conducting an independent appraisal to reduce felony charges to misdemeanors under Tex. Penal Code § 31.03(e).
• Firms urging clients to plead guilty to theft without explaining that theft is a crime of moral turpitude that permanently disqualifies individuals from most corporate careers.
• Attorneys who fail to immediately request and preserve commercial surveillance footage from retail stores or apartment complexes before security data is deleted.

Frequently Asked Questions