Have you been arrested or charged with a property crime in San Antonio or anywhere in Bexar County?
At Castro Criminal Lawyer, we are skilled property crime defense lawyers with the experience, skill, and knowledge you need to fight a conviction.
Property crimes in Texas range from misdemeanor theft to first-degree felony burglary. The charge you face carries jail or prison time, fines, and a record that affects your job, your housing, and your right to own a firearm. Whether you were arrested last night or you’ve only heard from a detective, our team can review your case and help you understand your options.
Schedule your free case review by calling (210) 864-9325 today.
Christopher Castro
The Castro Law Office, PLLC
St. Mary’s University School of Law — San Antonio
315 East Commerce Street, Ste 202 · San Antonio, TX 78205
(210) 864-9325 · About Christopher Castro
Penalties & Fines For Property Crimes
We defend clients charged with misdemeanor and felony property crimes in San Antonio, Bexar County, and South Texas. Each charge below has its own statute, classification, and penalties related to jail time, fines, or probation.
| Charge | Severity | Details |
|---|---|---|
| Burglary of a Habitation | 1st or 2nd Degree Felony | Entering a home or structure with intent to commit a crime inside |
| Burglary of a Motor Vehicle | Class A Misdemeanor → Felony | Breaking into a car, truck, or SUV to take property |
| Felony Theft | State Jail → 1st Degree Felony | Theft of property valued at $2,500 or more |
| Auto Theft / Motor Vehicle Theft | State Jail Felony → 2nd Degree | Taking a vehicle without the owner’s consent |
| Arson | 2nd or 1st Degree Felony | Intentionally or knowingly starting a fire to damage property or a structure |
| Criminal Mischief (Felony Tier) | State Jail → 1st Degree | Intentional damage to another person’s property at the felony threshold |
| Robbery & Aggravated Robbery | 2nd or 1st Degree Felony | Taking property by threat, force, or while using a deadly weapon |
| Unauthorized Use of a Motor Vehicle | State Jail Felony | Operating someone else’s vehicle without their effective consent |
| Organized Retail Theft | State Jail → 1st Degree Felony | Coordinated retail theft — felony tier under Texas HB 1888 |
Robbery and Aggravated Robbery are technically classified under Chapter 29 of the Texas Penal Code (Crimes Against Persons), but because they involve the taking of property, they are often charged alongside or confused with property crimes. We handle both.
Texas Penal Code — Property Crime Statutes
Property crimes in Texas are governed by Title 7 of the Texas Penal Code — Offenses Against Property. The four most-charged chapters are:
Chapter 28 — Arson, Criminal Mischief, and Other Property Damage
Tex. Penal Code § 28.02 (Arson) and § 28.03 (Criminal Mischief) govern damage to property. The classification depends on the dollar value of the loss.
Chapter 29 — Robbery
Tex. Penal Code § 29.02 defines robbery as intentionally, knowingly, or recklessly causing bodily injury or threatening imminent bodily injury in the course of committing theft. § 29.03 elevates it to aggravated robbery when a deadly weapon is used or the victim is elderly or disabled.
Chapter 30 — Burglary
Tex. Penal Code § 30.02 covers burglary of habitations and buildings. § 30.04 covers burglary of a motor vehicle. These two sections carry very different penalties.
Chapter 31 — Theft
Tex. Penal Code § 31.03 consolidates all theft offenses into a single statute. The severity of the charge scales with the value of the property taken — from a $75 shoplifting charge to a first-degree felony.
“A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.” — Tex. Penal Code § 31.03(a)
Penalty Ranges by Offense Level
Every property crime charge in Texas falls into one of six punishment tiers. The table below shows the incarceration range and max fine for each. Most property crime sentences also come with mandatory restitution to the victim.
| Offense Level | Incarceration | Max Fine | Examples |
|---|---|---|---|
| Class B Misdemeanor | Up to 180 days | $2,000 | Theft under $100 (with prior) · Trespassing (basic) |
| Class A Misdemeanor | Up to 1 year | $4,000 | Theft $750–$2,499 · BMV (1st offense) |
| State Jail Felony | 180 days – 2 years | $10,000 | Theft $2,500–$29,999 · Burglary of building · UUMV |
| 3rd Degree Felony | 2 – 10 years | $10,000 | Criminal Mischief $30K–$149,999 |
| 2nd Degree Felony | 2 – 20 years | $10,000 | Burglary of habitation · Robbery · Arson (reckless) |
| 1st Degree Felony | 5 – 99 years or life | $10,000 | Aggravated Robbery · Arson with death · Theft ≥ $300K |
Theft of a firearm is automatically a state jail felony, no matter what the firearm is worth. A $200 handgun gets you the same charge level as a $30,000 theft.
Prior convictions can quietly push you up a punishment tier. A state jail felony becomes a third-degree felony when you’ve got two prior state jail felony convictions. Your attorney needs your full criminal history before any plea conversation — the priors shape what the DA’s offer is going to look like.
What Happens After a Property Crime Arrest in Bexar County
The first 72 hours after a property crime arrest matter more than most people realize. Here’s how it typically unfolds at the Bexar County Adult Detention Center and the Cadena-Reeves Justice Center.
1. Arrest and booking. SAPD or the Bexar County Sheriff’s Office books you into the Bexar County Adult Detention Center on South Laredo. Photo, fingerprints, case number. Don’t answer any questions beyond your name. Call a lawyer.
2. Magistration. Within 24 to 48 hours, a magistrate reviews the charges, sets bail, and reads you your rights. Property crimes often qualify for a personal recognizance (PR) bond, especially on a first offense. An attorney can move this faster or push for a lower bail amount.
3. Grand jury (for felonies). Felony property crime cases go to a Bexar County grand jury. The grand jury reviews what the state has and decides whether to indict. At this stage, your attorney can sometimes present evidence that leads to a no-bill — no charges filed.
4. Arraignment and plea. If you get indicted, you enter a plea at arraignment. Most cases plead “not guilty” here to keep negotiating room open. It’s not a final decision.
5. Pre-trial and resolution. Most property crime cases resolve before trial — through dismissal, deferred adjudication, or a plea to a reduced charge. Cases that do go to trial are heard in one of Bexar County’s felony district courts: the 144th, 175th, 186th, 187th, 226th, 227th, 290th, 379th, 399th, or 437th Judicial District Court.
Defense Strategies for Property Crime Charges
Property crimes sound straightforward. The police report makes it look open-and-shut. The cases are rarely that simple. These are the defenses we look at first on every property crime file.
1. No criminal intent.
Theft and burglary both require proof of intent. You took the wrong bag, you grabbed something you thought was yours, you went back for your own property — none of that is theft. The state has to prove you meant to deprive the owner. That’s harder than it sounds.
2. Claim of right / mistake of fact.
If you honestly believed you owned the property or had a right to take it, that belief can defeat the intent element. Disputed-ownership situations come up constantly — break-ups, business partnerships gone bad, family property fights.
3. Consent.
The owner gave you permission. Theft charges often fall apart once it surfaces that the complaining witness had previously given you access to the vehicle, the home, or the property.
4. Unlawful search and seizure.
Most property crime evidence comes from car searches, home searches, and traffic stops. If the officer didn’t have a warrant, probable cause, or a recognized exception, a motion to suppress under Tex. Code Crim. Proc. art. 38.23 can knock that evidence out.
5. Alibi.
You weren’t there. Witness testimony, phone records, surveillance video, credit card data — all build an alibi defense. We start gathering that evidence the moment you hire us.
6. Mistaken identification.
Eyewitness ID is unreliable, especially under stress. Surveillance video is often blurry or shot from an angle that makes the call inconclusive. We challenge every ID that isn’t airtight.
Why Clients Choose Castro Criminal Lawyer
We answer our phones. Every client at The Castro Law Office gets Christopher Castro’s personal cell phone number. You don’t go through a receptionist when you have a question about your case.
We know Bexar County courts. We appear regularly in the Cadena-Reeves Justice Center and the felony district courts on Dolorosa Street. We know how the Bexar County DA’s office approaches property crime cases, and we know what moves the needle in plea negotiations.
We fight for dismissals first. Our first move is to look for a path to dismissal. Constitutional violations, gaps in the state’s evidence, factual defenses — all before any plea conversation.
We handle the full range of property charges. From a shoplifting case that snowballed into a state jail felony, to an aggravated robbery carrying life in prison, we handle it.
We never settle for the first offer. The DA’s first plea offer is rarely the strongest one we can get. We negotiate. We challenge. We push back. Every case is different, and we treat it that way.
Fair fees. No surprises. We discuss fees upfront, in plain language. You know what you’re paying and what you’re getting.
Frequently Asked Questions
What counts as a property crime in Texas?
Texas property crimes include any offense involving the taking, damage, destruction, or unauthorized use of another person’s property. That covers theft, burglary, robbery, arson, criminal mischief, criminal trespass, auto theft, and unauthorized use of a motor vehicle, among others. The key element in most of these is that the defendant didn’t have the owner’s consent.
What’s the difference between theft and burglary in Texas?
Theft means unlawfully taking property with the intent to deprive the owner. Burglary means entering a structure — a home, a building, or a vehicle — without consent and with the intent to commit a crime inside. You can be convicted of burglary even if you never took anything. The act of entering with criminal intent is the offense.
Can a property crime be expunged in Texas?
Depends on the outcome. If your case was dismissed, you were acquitted, or you completed deferred adjudication without a conviction, you may be eligible for expunction or a non-disclosure order. A conviction — even on a misdemeanor — generally can’t be expunged. Call us to talk through your specific situation.
Is criminal mischief a felony in Texas?
It can be. Criminal mischief is classified by the dollar amount of damage caused. Damage under $2,500 is a misdemeanor. Once damage hits $2,500, the charge becomes a state jail felony. Damage of $30,000 or more is a third-degree felony, and damage of $150,000 or more is a second-degree felony. Damage to certain properties — like cattle, crops, or oil-field equipment — can trigger felony treatment regardless of the dollar amount.
What is “theft of a firearm” and why does it matter?
Theft of a firearm is automatically a state jail felony under Tex. Penal Code § 31.03(e)(4)(C) regardless of the weapon’s value. That means stealing a $150 pistol carries the same charge as stealing $30,000 worth of property. State jail felonies carry 180 days to 2 years in a state jail facility and up to a $10,000 fine.
What should I do immediately after a property crime arrest?
Don’t answer questions beyond your name. Don’t consent to searches. Don’t try to explain yourself to the officer — everything you say will be in the police report and used against you. Ask for a lawyer immediately. Then call us at (210) 864-9325.
Schedule Your Free Case Review
Property crime charges in Texas move fast. The earlier we get into the evidence, the more options you have.
Schedule your free case review with The Castro Law Office by calling (210) 290-9614 or contacting us online. We serve clients across San Antonio, Bexar County, and South Texas.
The Castro Law Office, PLLC
315 East Commerce Street, Ste 202
San Antonio, TX 78205
(210) 864-9325
Past results do not guarantee future results. This page is for informational purposes and does not constitute legal advice. Reading this page does not create an attorney-client relationship.
