Auto Theft Attorney in Fort Bend County

Former Felony Prosecutor. Now Fighting for You in Fort Bend County.

An auto theft charge in Texas moves fast. Depending on the vehicle’s value, you could be looking at a state jail felony before you’ve had a chance to speak with an attorney. Brandon Sims spent years as a felony prosecutor before founding The Sims Law Firm, PLLC, and that background shapes every defense strategy we build. He knows how the Fort Bend County District Attorney’s office approaches vehicle theft cases because he’s worked that side of the courtroom.

We begin investigating from the moment you call. Brandon handles every case personally, from the first consultation through resolution. With over 20 years of criminal defense experience and more than a thousand cases handled, our firm is prepared to work toward the strongest possible outcome for your situation.

Facing an auto theft charge in Fort Bend County? Call (713) 766-1445 today for a free, confidential case evaluation. The earlier we start building your defense, the more options you may have.

How Texas Law Defines & Charges Auto Theft

Texas doesn’t have a separate “auto theft” statute. Vehicle theft is prosecuted under Texas Penal Code §31.03, which defines theft as the unlawful appropriation of property with intent to deprive the owner. The charge tier depends on the vehicle’s fair market value at the time of the offense, and the range is wider than most people realize.

Penalty tiers by vehicle value:

• Under $750: Class B misdemeanor or lower, up to 180 days in jail and a $2,000 fine
• $750 to $2,500: Class A misdemeanor, up to one year in jail and a $4,000 fine
• $2,500 to $30,000: State jail felony, 180 days to two years and up to a $10,000 fine
• $30,000 to $150,000: Third-degree felony, two to ten years and up to a $10,000 fine
• $150,000 to $300,000: Second-degree felony, two to twenty years and up to a $10,000 fine
• Over $300,000: First-degree felony, five to ninety-nine years or life and up to a $10,000 fine

Charges can be enhanced one degree if the vehicle was taken from someone 65 or older or from a nonprofit organization. Two or more prior theft convictions can elevate even a low-value vehicle theft to a state jail felony. These enhancements are exactly the kind of detail prosecutors use to increase leverage before trial.

Related Vehicle Theft Charges You May Face

Auto theft under §31.03 isn’t the only charge you might face. Prosecutors have several related statutes available, and the charge they file depends on the specific facts of your case.

Unauthorized Use of a Motor Vehicle (UUMV) §31.07
Operating someone’s vehicle without the owner’s effective consent, even without intending to keep it. Often called joyriding, this is a state jail felony. Unlike theft, the prosecution doesn’t need to prove you intended to permanently deprive the owner.

Burglary of a Vehicle §30.04
Breaking into or entering a vehicle to commit theft. This is a Class A misdemeanor on its own, escalating to a state jail felony with two or more prior convictions.

Robbery §§29.02-29.03 (Carjacking)
Texas has no standalone carjacking statute. Taking a vehicle by force or threat of force is prosecuted as robbery, a second-degree felony. When a deadly weapon is used or serious bodily injury occurs, it becomes aggravated robbery, a first-degree felony carrying five to ninety-nine years or life.

VIN Tampering §31.11
Altering or removing a vehicle identification number is a Class A misdemeanor.

Failure to Return a Rental Vehicle
Prosecuted as theft of service under §31.04. The penalty tier follows the vehicle’s value.

How We Defend Auto Theft Cases in Fort Bend County

A conviction under §31.03 requires the prosecution to prove every element beyond a reasonable doubt. Intent to deprive the owner is one of those elements, and it’s one that can be challenged directly. Brandon’s years as a felony prosecutor give him a clear picture of where these cases are built and where they break down.

We conduct a full investigation starting at your first consultation, reviewing the evidence, witness accounts, and the circumstances of your arrest. Depending on the facts, your defense may center on one or more of the following approaches:

Consent Defense
If you had the owner’s actual permission to use the vehicle, or reasonably believed you did, the charge may not stand. This applies to both §31.03 theft and UUMV charges under §31.07.

Mistaken Identity
Surveillance footage, alibi evidence, and challenges to eyewitness identification can establish that the wrong person was charged. This is more common in vehicle theft cases than most people expect.

Fourth Amendment Suppression
If the stop, search, or seizure leading to your arrest violated your constitutional rights, we can move to suppress that evidence. Without it, the prosecution’s case may be significantly weakened.

Lack of Intent
For UUMV charges, the prosecution must prove the operation was intentional or knowing without effective consent. A genuine lack of knowledge that the owner hadn’t consented is a viable defense.

Charge Reduction or Deferred Adjudication
In some cases, we can negotiate a theft charge down to UUMV or pursue deferred adjudication, which in certain circumstances may help you avoid a permanent felony conviction.

What a Conviction Can Cost You Beyond the Sentence

The sentence is only part of the picture. A theft conviction, even a misdemeanor, is treated as a crime of moral turpitude in Texas. That classification can disqualify you from jobs in banking, retail, healthcare, and government, and it can affect professional licensing across a range of regulated industries. A felony conviction carries additional consequences: impacts to voting rights, loss of eligibility for certain public benefits, and restrictions on professional licensing. Any prior theft conviction also becomes an enhancement tool if you face future charges under Texas’s theft enhancement provisions.

If your case is dismissed, no-billed by a grand jury, or results in acquittal, you may be eligible for expunction under Texas Code of Criminal Procedure Chapter 55, which can remove the arrest record. A deferred adjudication that ends in dismissal may qualify for expunction or a non-disclosure order under certain circumstances. We advise clients on their eligibility and can walk them through that process when the path is available.

Why Fort Bend County Clients Choose The Sims Law Firm, PLLC

Most defense attorneys can tell you what the law says. Brandon Sims can also tell you how the prosecution plans to use it. His time as a felony prosecutor means he’s evaluated vehicle theft cases from the state’s side of the table. That perspective informs every motion filed, every negotiation, and every decision about whether to take a case to trial.

We handle auto theft defense for clients throughout Fort Bend County, including Sugar Land. Clients work directly with Brandon from start to finish. No hand-offs to junior associates. No waiting days for a callback. If you’re facing a vehicle theft charge, the window for building the strongest defense is open right now. Contact The Sims Law Firm, PLLC at (713) 766-1445 or through our online form to schedule your free, confidential consultation.