Shoplifting may seem like a minor offense, but in Texas, it is treated as a serious criminal matter with potentially life-changing consequences. Whether you accidentally left the store without paying for an item or were caught trying to conceal merchandise, shoplifting charges can lead to fines, jail time, and a permanent criminal record. Nava Law Group presents a guide that outlines what constitutes shoplifting, its associated penalties, and how to defend against such charges. Contact us if you have questions.
What Constitutes Shoplifting in Texas?
Shoplifting falls under Texas theft laws and involves knowingly taking or attempting to take property from a retailer without paying for it. Notably, shoplifting doesn’t always have to involve leaving the store. Simply being caught with an item concealed without intent to pay can lead to charges. The definition of shoplifting in Texas covers a variety of actions, including:
- Concealing merchandise and attempting to leave the store without paying for it
- Altering or swapping price tags
- Tampering with security tags or theft-deterrent devices
- Misusing self-checkout systems to understate the value of goods
- Leaving the premises with a store’s shopping cart
What Is the Penalty for Shoplifting in Texas?
The value of the stolen property is the primary factor in determining the severity of shoplifting penalties in Texas. Charges for shoplifting range from misdemeanors to felonies. If you have repeated offenses or aggravating circumstances, the severity of the charges can be escalated. If you knowingly steal a $99 piece of jewelry, it can end up costing you the cost of the jewelry with an additional payment for damages of $1,000 and a $500 fine. The original price of the jewelry is typically only a fraction of the penalty.
Misdemeanor Shoplifting Charges
Typically, if the value of the stolen property is under $2,500, the charge will fall under the misdemeanor category. These charges are further classified into Class C, Class B, or Class A misdemeanors based on the specific value of the goods involved. For example, theft under $100 is usually a Class C misdemeanor, while theft of items valued between $100 and $750 may result in a Class B misdemeanor. Special cases include shoplifting under $100, but with a prior theft conviction, is elevated to a Class B misdemeanor. With skilled legal representation, it may be possible to mitigate these impacts or have charges reduced, making it vital to seek professional legal assistance as soon as possible.
Felony Shoplifting Charges
Shoplifting offenses can escalate to felony charges under certain circumstances in Texas. If the value of the stolen property is over $2,500, the charge is classified as a state jail felony. A state jail felony penalty can include a prison sentence that ranges from 180 days to two years and fines up to $10,000. If the theft of the items is valued at $30,000 or more, you may face more severe felony charges, with corresponding penalties increasing significantly as the value of the stolen items rises. Other felony charges include:
- Second-Degree Felony: If the property’s value is between $150,000 and $299,999, the punishment can be two to 20 years in prison and a fine of up to $10,000.
- First-Degree Felony: If the property’s value is $300,000 or more, the punishment is a fine of up to $10,000 and five to 99 years or life in prison.
Repeat offenses or theft involving certain items, such as firearms, can also elevate the charge to a felony. Facing felony shoplifting charges carries severe consequences, not only in terms of fines and potential imprisonment but also in terms of long-term impacts on one’s record and livelihood. Prompt legal representation is critical in navigating these serious allegations and ensuring the best possible outcome.
Additional Shoplifting Consequences
Beyond fines and jail time, a shoplifting conviction can have long-term repercussions. Some additional consequences of shoplifting in Texas can include:
- A permanent criminal record can affect employment, housing, and professional licensing opportunities.
- Civil penalties where retailers may sue for damages, often seeking restitution for the value of the stolen goods plus additional fees.
- Damage to your personal and professional reputation.
Potential Defenses Against Shoplifting Charges
Nova Law Group can help you if you’re facing shoplifting charges in Texas. There are several legal defenses that may be applicable to your situation. Successfully arguing these defenses with the help of our experienced attorneys can potentially reduce your charges or lead to a dismissal of your case. The potential defenses against shoplifting charges include:
- Lack of Intent to Steal: Shoplifting charges hinge on proving intent to steal. If we can prove that you accidentally forgot to pay for an item or didn’t realize it was in your possession, this could lead to a dismissal. Lack of intent to steal can include forgetting to scan an item at self-checkout or unintentionally walking out with merchandise left in a shopping cart.
- Faulty Equipment: Malfunctions in store security devices, scanners, or self-checkout systems can sometimes cause errors that lead to accusations of shoplifting. Video footage of the incident may help demonstrate these technical issues.
- Lack of Evidence: Convictions often require store owners to prove intent to steal. If there’s insufficient evidence, such as unclear video footage or conflicting witness testimonies, your attorney can challenge the credibility of the case against you.
- Mistaken Identity: Misidentification is a common issue in large retail environments. If your actions were misconstrued by store employees or if you were incorrectly identified by security personnel, this can be used as a defense.
- Unlawful Detention or Arrest: If you were detained or arrested without sufficient cause or in a manner that violated your rights, your attorney can argue for the charges to be dropped based on improper procedures.
What Should You Do If You’re Accused of Shoplifting?
Being falsely accused of shoplifting or caught in a situation where you made an honest mistake can be overwhelming and stressful. Some of our recommendations to help you should do to protect yourself include:
- Stay Calm and Cooperative: Avoid escalating the situation. Arguing or resisting can worsen the outcome.
- Do Not Admit Fault: Anything you say can be used against you, so refrain from admitting guilt or providing unnecessary information.
- Request Legal Representation: Contact our experienced theft defense attorneys immediately to understand your rights and avoid self-incrimination.
Moving Forward with Legal Help
Facing shoplifting charges in Texas is stressful and may put your future on the line. Whether you are dealing with a minor infraction or a felony charge, having an experienced criminal defense attorney by your side can make all the difference. Nava Law Group can guide you through legal proceedings, help develop a strong defense, and potentially achieve reduced charges or an outright dismissal of your case.
Trust Nava Law Group for Expert Legal Support
When you’re facing the consequences of an accident, having a skilled legal team is essential. The complexities of navigating such situations can be daunting without the right guidance. Your choice of a lawyer is critical in handling a shoplifting case. Some of the reasons we are your trusted legal partner in Houston, TX include the following:
- Rich Expertise: Our team possesses extensive experience in handling shoplifting cases, consistently delivering outstanding results.
- Tailored Service: Every case is distinct, and we recognize this by customizing our approach to meet your specific needs.
- Dedicated Representation: Our attorneys always put your legal needs first.
How Can We Help With Shoplifting Charges?
Our experienced Houston theft and property lawyers will carefully assess your case details, including your criminal record and the evidence the prosecution plans to use against you. This allows us to tailor the most effective legal strategy specifically for your situation. Discover more about our strategic defense approach, so you can begin to focus on building a brighter future.
Contact Nava Law Group
Nava Law Group wants clients to understand that you don’t have to navigate the journey alone. By taking the right steps and providing precise information, we can help you. If you’re in Houston, TX, and in need of expert legal support, act promptly. Our team is committed to simplifying the legal process. Rely on Nava Law Group for steadfast support and to strive for the best possible outcome in your case. A mere mistake doesn’t have to define your life. With the right legal guidance, you can overcome these challenges and move forward with confidence. Reach out to us today for a free consultation, and let us assist you in moving forward.
