Employee Theft Charges In Galveston

If you are accused of stealing from your employer, the effects can be both immediate and long-lasting. Often, investigations start well before any arrest, and employees may not realize that management has been collecting evidence for weeks or months. In Galveston, employers often work with law enforcement, loss prevention teams, accountants, and private investigators when they suspect theft.

These accusations can impact more than just your legal case—they can affect your job prospects, professional licenses, and reputation. If you are being investigated or have been charged, learning how Texas law applies is a key step to protecting your rights and your future.

Understanding Employee Theft Under Texas Law

Texas law does not have a separate criminal offense specifically called “employee theft.” Instead, these cases are generally prosecuted under Texas Penal Code §31.03, which governs theft offenses. Under the statute, a person commits theft if they unlawfully appropriate property with the intent to deprive the owner of that property.

When someone is accused of stealing from their employer, prosecutors usually claim the employee used their trusted position to take money, inventory, equipment, customer payments, confidential information, or other company property. Often, these cases involve more than just one event. Employers may look at records from long periods and say that losses happened many times over weeks, months, or even years.

These cases can be complicated because many jobs involve handling money, merchandise, inventory, company vehicles, or financial records. Sometimes, employees have the right to use company property, which can lead to disagreements about intent and permission. The main question is often whether the employee meant to steal or just made a mistake while doing their job.

Common Types Of Employee Theft Allegations

There are many ways employee theft can be alleged. Sometimes, employees are accused of taking cash from a register or safe. Other times, the claims involve taking inventory, tools, equipment, electronics, or merchandise from work without permission.

We also handle cases where employees are accused of payroll fraud, expense reimbursement fraud, misusing company credit cards, falsifying financial records, or using business accounts improperly. In bigger companies, employers might claim that workers diverted customer payments, changed invoices, or made unauthorized transactions to hide theft.

Technology has changed how these investigations work. Many companies now use surveillance cameras, digital inventory systems, electronic payment records, access logs, and internal audits. This means employers often have a lot of data when making accusations. Still, having records does not always prove a crime happened. These records need to be reviewed closely to see if they really support the claims.

The Value Of The Property Can Significantly Affect The Charges

One of the most important factors in any Texas theft case is the value of the property allegedly taken. Texas Penal Code §31.03 establishes different offense levels depending on the amount involved.

If the value of the property is low, the charge may be a misdemeanor. But if the amount is higher, it can quickly become a felony. Prosecutors often try to combine several alleged incidents into one case, which can make the total loss seem larger and lead to more serious charges. Felony charges carrying the possibility of significant prison exposure. The difference between a misdemeanor and a felony can have a profound effect on a person’s future, making it critical to examine how the employer calculated the alleged loss.

We carefully review inventory records, accounting reports, financial statements, and internal investigations to see if the claimed losses are backed by solid evidence.

How Employee Theft Investigations Usually Begin

Many people are surprised to learn that an employee theft investigation often begins internally long before law enforcement becomes involved. Employers frequently conduct their own reviews when inventory shortages, accounting discrepancies, or unexplained financial losses are discovered.

Management may review surveillance footage, transaction records, time records, computer activity, access logs, and employee communications. In some situations, employers conduct interviews with workers before reporting the matter to the police.

One of the most common mistakes employees make is assuming that an internal meeting is simply an employment matter. Statements made during these meetings can later become evidence in a criminal prosecution. Employers are generally not required to advise employees of constitutional rights before asking questions because they are not acting as law enforcement officers.

By the time police become involved, the employer may already have assembled extensive documentation supporting the allegations. This is one reason why early legal representation can be so important.

Intent Is Often The Most Important Issue

One of the key elements prosecutors must prove is intent. Texas Penal Code §31.03 requires proof that the defendant intended to deprive the owner of property.

Intent is often where employee theft cases become highly contested. Not every workplace mistake is a crime. Accounting errors, inventory discrepancies, recordkeeping mistakes, misunderstandings regarding authorization, and procedural violations do not automatically establish criminal intent.

For example, an employee may believe they have permission to use certain property, take equipment off-site, process a transaction in a particular manner, or access funds for a legitimate business purpose. What an employer later views as theft may actually be the result of confusion, poor communication, or a misunderstanding regarding company policies.

Because intent exists in a person’s state of mind, prosecutors often rely on circumstantial evidence. That evidence must be carefully examined because assumptions are frequently made during workplace investigations.

Potential Consequences Of A Conviction

A theft conviction can create serious consequences beyond fines or jail time. Many employers conduct background checks, and theft-related offenses often raise concerns regarding honesty, trustworthiness, and financial responsibility.

Certain professions may face licensing issues following a theft conviction. Individuals working in healthcare, finance, education, government positions, and other regulated industries may encounter additional scrutiny when applying for employment or renewing professional licenses.

The consequences can be particularly severe when the offense is charged as a felony. A felony conviction can affect future job opportunities, housing applications, educational opportunities, and other important areas of life.

Because the stakes are so high, every allegation should be thoroughly investigated before decisions are made regarding how to resolve the case.

Defenses That May Apply In Employee Theft Cases

Every case requires an independent evaluation of the facts. Simply because an employer believes theft occurred does not mean the prosecution can prove the allegation beyond a reasonable doubt.

We frequently examine whether the employer’s records are accurate and whether the investigation was conducted properly. Accounting systems can contain errors, inventory records may be incomplete, and surveillance footage does not always tell the entire story.

Questions often arise regarding authorization and ownership. In some situations, employees had permission to access property or believed they were acting within the scope of their job duties. In other cases, multiple employees had access to the same property, making it difficult to determine who was actually responsible for the alleged loss.

We also analyze witness credibility, interview procedures, and the methods used to calculate losses. Many employee theft cases involve assumptions rather than direct evidence. A thorough review of the evidence is essential before conclusions are reached.

What To Do If You Are Under Investigation

If you suspect your employer is investigating you for theft, it is important to remain calm and avoid making decisions based on fear or frustration.

Many people make the mistake of trying to explain themselves in lengthy conversations with management or investigators. While it may seem like a good idea to immediately defend yourself, those statements can later be used as evidence.

You should also avoid destroying documents, deleting electronic records, or attempting to alter information. Actions that appear designed to conceal evidence can significantly complicate the situation.

Most importantly, if law enforcement contacts you, exercise your right to remain silent and speak with a criminal defense attorney before answering questions. Early legal guidance can help protect your rights and prevent mistakes that may be difficult to correct later.

FAQs About Employee Theft Charges In Galveston

Can I Be Charged Even If My Employer Has Not Fired Me?

Yes. Criminal charges and employment decisions are separate matters. An employer may choose to retain an employee while an investigation is ongoing, but law enforcement may still pursue criminal charges if they believe a crime occurred.

Can My Employer Accuse Me Without Direct Evidence?

Yes. Many employee theft cases rely on circumstantial evidence rather than direct proof. Prosecutors may use accounting records, inventory reports, surveillance footage, transaction histories, and witness statements to support their allegations.

What If Multiple Employees Had Access To The Missing Property?

This is often an important defense issue. When multiple people have access to money, inventory, equipment, or records, it may be difficult for prosecutors to prove who was actually responsible for the alleged loss.

Can A Workplace Mistake Be Mistaken For Theft?

Absolutely. Inventory shortages, bookkeeping errors, accounting mistakes, and misunderstandings regarding company policies sometimes lead to theft allegations. Criminal intent remains a critical issue that prosecutors must prove.

Should I Talk To Police If They Want My Side Of The Story?

We generally recommend speaking with an attorney before answering questions from law enforcement. Statements made during an investigation can become evidence later, even if you believe you are helping yourself by explaining the situation.

Contact Mark Diaz & Associates About Employee Theft Charges In Galveston

An employee theft allegation can threaten your career, your reputation, and your future. These cases often involve extensive investigations, financial records, surveillance footage, and allegations that may have developed over months before charges were filed. Taking the accusation seriously from the beginning is extremely important.

At Mark Diaz & Associates, we defend individuals facing theft charges throughout Galveston and across the city of Houston, Texas. We carefully examine the evidence, challenge unsupported assumptions, and work aggressively to protect our clients’ rights at every stage of the criminal process.

When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.

If you are under investigation or have been charged with employee theft, contact our Galveston criminal law lawyers at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation. We represent clients throughout Galveston and all of Houston, Texas, and we are prepared to begin protecting your rights immediately.