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Employee theft — sometimes called embezzlement — is charged when a worker is accused of taking money, merchandise, or property from an employer. These cases often involve accounting records, point-of-sale data, and internal investigations, and the alleged amounts can be aggregated over time into a much more serious felony.

What the Law Covers

Employee theft is prosecuted under the general theft statute, Texas Penal Code § 31.03. When multiple alleged takings are part of one scheme, the State may add them together under the aggregation rule, which can raise a series of small amounts into a single felony charge.

Punishment Range

The level follows the theft value ladder, from a Class C misdemeanor for the smallest amounts up to a first-degree felony for $300,000 or more. An abuse of a fiduciary or trusted position can also affect how the case is charged and treated.

How These Cases Are Defended

These cases turn on documents and intent. A strong defense examines whether the State can actually prove who was responsible, whether there was authorization or a good-faith claim of right, accounting errors, and whether the aggregated amount is accurate. Many employee-theft cases can be resolved through restitution and outcomes that protect the client's record and career.

If you have been charged in Conroe, The Woodlands, or anywhere in Montgomery County, contact Brian Foley Law PLLC for a free, confidential consultation with a Board Certified criminal defense attorney and former Chief Prosecutor.

Frequently Asked Questions


How is employee theft charged in Texas?
It is prosecuted as theft under Penal Code 31.03. Alleged takings over time can be aggregated into a single charge, and the level depends on the total value, from a misdemeanor up to a first-degree felony for $300,000 or more.
Can an employee theft case be kept off my record?
Often there are options. Because these cases turn on documents and intent and frequently involve restitution, an experienced lawyer can sometimes negotiate an outcome that protects your record and your ability to keep working. Eligibility depends on the facts and your history.

Speak With Brian Foley Today


Free, confidential consultation with a Board Certified criminal defense attorney and former Chief Prosecutor.

(936) 596-0407