Facing a criminal charge for employee theft in Houston or Harris County can be life-altering. These cases are often taken more seriously by prosecutors than typical shoplifting cases—and the consequences can be devastating.
Whether you’re accused of stealing $300 or $300,000 from your employer, the path forward isn’t simple. In this blog, I’ll explain why employee theft is prosecuted more aggressively in Texas, what factors prosecutors care about (like restitution), why these cases can destroy your reputation and career, and how I can help as a Houston criminal defense attorney.
If you or someone you love is under investigation or has been charged with theft, contact my office immediately for a confidential case evaluation.
What is Employee Theft?
Employee theft (also known as embezzlement, workplace fraud, or internal theft) refers to any situation where an employee is accused of unlawfully taking money, property, or services from their employer. This can include:
- Stealing cash from the register or safe
- Misusing company credit cards
- Embezzling from accounts
- Taking inventory or merchandise
- Manipulating payroll
- Falsifying expense reports
- Unauthorized discounts or refunds
While theft is theft in the eyes of the law, employee theft cases are viewed differently by prosecutors in Harris County—and that can make all the difference in your case.
Why Prosecutors Take Employee Theft More Seriously
In shoplifting cases, the victim is usually a large retail chain like Walmart or Target. These companies may suffer small losses in the grand scheme of their operations. In contrast, employee theft often involves a direct breach of trust between a business owner and their employee.
To prosecutors, employee theft isn't just stealing—it's betrayal.
Key Reasons Employee Theft is Treated More Severely:
- Breach of Trust:
Employers trust their workers with access to finances, merchandise, or proprietary systems. Violating that trust cuts deeper than random shoplifting. - Higher Dollar Amounts:
Employee theft often accumulates over time, and many cases involve tens or hundreds of thousands of dollars. - Victims Take It Personally:
Local business owners or executives often demand justice, pushing the District Attorney’s Office to prosecute aggressively. - Limited Access to Pre-Trial Diversion:
Many first-time offenders in shoplifting cases are offered diversion programs or deferred adjudication. However, when the theft involves an employer, those options may not be more difficult to secure.
Restitution is a Major Factor in Your Case
In employee theft cases, money matters—a lot. One of the first things prosecutors ask is, “Can the defendant pay the money back?”
This is where your financial situation can significantly impact the outcome of your case.
Real-World Example:
Let’s say someone is accused of stealing $300,000 from their employer. If that person is able to pay back the money, either upfront or through a structured restitution agreement, the DA may be willing to consider probation or a reduced sentence.
On the other hand, if the defendant is unable or unwilling to make restitution, the DA may push for prison time. They may argue that without repayment, the business has suffered a major loss and justice demands incarceration.
This makes it crucial to have an attorney who can negotiate restitution terms and present your financial situation in the best light possible.
The Consequences of a Theft Conviction in Texas
Being convicted of theft—especially employee theft—has long-lasting consequences. Many people think a probation deal is a win, but the reality is more complicated.
Here's Why Theft Charges Are So Damaging:
- Criminal Record: A theft conviction will show up on every background check.
- Loss of Trust: Employers, banks, and landlords may see you as untrustworthy.
- Career Impact: Many professions (especially in finance, education, and healthcare) will no longer hire someone with a theft record.
- Social Stigma: Being labeled a thief can damage relationships and your reputation.
Even if you avoid jail, the damage to your name can follow you for years.
How Theft Cases Can Be Enhanced
One of the most dangerous parts of a theft charge in Texas is the enhancement laws. If you have a prior theft conviction, even for a minor offense, the next charge can increase your punishment range significantly.
Here's how theft enhancements work under Texas law:
| Amount Allegedly Stolen | Charge | Punishment Range |
|---|---|---|
| Less than $100 | Class C Misdemeanor | Fine up to $500 |
| $100 – $749 | Class B Misdemeanor | Up to 180 days in jail |
| $750 – $2,499 | Class A Misdemeanor | Up to 1 year in jail |
| $2,500 – $29,999 | State Jail Felony | 180 days to 2 years in a state jail |
| $30,000 – $149,999 | 3rd Degree Felony | 2 – 10 years in prison |
| $150,000 – $299,999 | 2nd Degree Felony | 2 – 20 years in prison |
| $300,000 or more | 1st Degree Felony | 5 – 99 years in prison |
Prior convictions can elevate the charge even if the new offense involves a small amount.
Example: If you were once convicted of stealing a $100 item and are now accused of stealing a $50 item, the new charge can be enhanced to a Class B misdemeanor or higher. With every additional conviction, your exposure to jail or prison only increases.
Why You Need an Experienced Houston Theft Defense Attorney
Employee theft cases are not just about whether you took something or not—they’re about narrative, negotiation, and strategy. The right attorney can mean the difference between:
- Prison vs. probation
- A felony record vs. a dismissal or reduction
- A destroyed reputation vs. a second chance
As a Houston criminal defense attorney with over a decade of experience, I’ve helped clients facing everything from petty theft to multi-million-dollar embezzlement.
Here’s what I can do for you:
1. Investigate Your Case
I’ll examine the evidence—bank records, surveillance, witness statements—to determine if the charges can be challenged or weakened.
2. Explore All Legal Options
Depending on the facts, I’ll pursue pre-trial diversion (if available), deferred adjudication, or even an outright dismissal of charges.
3. Negotiate Restitution Agreements
I work closely with clients and prosecutors to set up realistic payment plans that could keep you out of jail.
4. Fight for Your Reputation
Even if the evidence is strong, I will advocate for non-conviction options to protect your record and your future.
Frequently Asked Questions (FAQ)
Is employee theft a felony in Texas?
It can be. If the value of property stolen is $2,500 or more, the charge becomes a state jail felony or higher depending on the amount.
Can I get probation for employee theft?
Yes, but it depends on the facts of your case, your criminal history, and whether you can pay restitution. The DA’s office will weigh all of these factors before making a plea offer.
What if I’ve never been in trouble before?
Even if you’re a first-time offender, employee theft may not qualify for a pre-trial diversion program. That’s why you need a lawyer who can aggressively negotiate with the prosecutor or push for another favorable resolution.
Will I go to jail if I can’t pay the money back?
Possibly. In many cases, restitution is the most important factor for the DA. If the amount stolen is significant and you’re unable to repay, the prosecutor may seek jail or prison time.
Serving Clients Across Greater Houston
I defend clients in Harris County and surrounding areas, including:
- Houston
- Pasadena
- Baytown
- Sugar Land
- The Woodlands
- Cypress
- Katy
- Pearland
- Humble
- Spring
Whether your case is in downtown Houston or a neighboring suburb, I can help you navigate the complex criminal justice system with experience, honesty, and relentless advocacy.
Final Thoughts: Don’t Face Employee Theft Charges Alone
Theft charges—especially employee theft—are some of the worst types of convictions to have on your record. Even one charge can ruin your career and reputation. Add in the fact that these cases often involve angry employers, large sums of money, and unforgiving prosecutors, and you’re looking at a serious legal battle.
But you don’t have to go through this alone.
If you're being investigated or have been arrested for employee theft, call me today for a confidential consultation. I’ll evaluate your case, explain your options, and build a strategy to protect your freedom, your finances, and your future.
Eric Benavides
Criminal Defense Attorney – Houston, TX
📍 Serving Harris County and Surrounding Areas
📞 Call Now: (713) 222-2828
🌐 www.ericbenavides.com