The holiday season is a time for joy and gift-giving, but it can also bring unexpected legal challenges, like shoplifting charges. Whether it’s the result of a misunderstanding or a mistake, facing a shoplifting accusation can be overwhelming.
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This guide provides clear insights into Texas shoplifting laws, potential penalties, and how a skilled defense attorney can help protect your rights and your future.
What Is Shoplifting Under Texas Law?
Shoplifting is considered a form of theft under Texas law, specifically governed by Texas Penal Code Section 31.03. While many people associate shoplifting with walking out of a store with unpaid merchandise, the legal definition is broader and includes various actions intended to deprive a retailer of the value of their goods.
Examples of Shoplifting in Texas
- Taking merchandise without paying: The most straightforward example involves leaving the store with unpaid items.
- Altering or swapping price tags: Changing price tags to pay less than the actual value is also considered theft.
- Hiding merchandise: Concealing items in bags, clothing, or strollers with the intent to leave without paying.
- Fraudulent returns: Attempting to return stolen items or merchandise that wasn’t purchased in exchange for cash or store credit.
Even minor shoplifting cases can lead to serious repercussions, including a criminal record. Additionally, stores often take an aggressive stance on prosecuting shoplifting to deter others, making it essential to address the charges with care.
Penalties for Shoplifting in Texas
The penalties for shoplifting in Texas depend on the value of the items taken, as well as any prior criminal history. Even a small theft can result in significant consequences, so understanding the potential outcomes is crucial:
- Property valued at less than $100: Class C misdemeanor. If convicted, you can be fined up to $500. (NOTE: You could be charged with a Class B misdemeanor if you have a previous conviction for shoplifting.)
- Property valued at more than $100 but less than $750: Class B misdemeanor. If convicted, you could receive a fine of up to $2,000 and up to 180 days in jail time.
- Property valued at $750 or more but less than $2,500: Class A misdemeanor. If convicted, you could receive a fine of up to $4,000 and up to one year in jail time.
- Property valued at $2,500 or more but less than $30,000: State jail time felony. If convicted, you could receive a fine of up to $10,000 and between 180 days and two years in jail time.
- Property valued at $30,000 or more but less than $150,000: Third degree felony. If convicted you could receive a fine of up to $10,000 and between 2 and 10 years in jail time.
- Property valued at $150,000 or more but less than $300,000: Second degree felony. If convicted, you could receive a fine of up to $10,000 and between 2 and 20 years in jail time.
- Property valued at more than $300,000: First degree felony. If convicted, you could receive a fine of up to $10,000 and between 5 and 99 years’ imprisonment.
Long-Term Consequences of a Shoplifting Conviction
A shoplifting conviction might seem like a minor offense, but its impact can extend far beyond the immediate penalties of fines or jail time. The long-term consequences of having a theft-related offense on your record can affect your personal, professional, and financial future.
Criminal Record
A shoplifting conviction will result in a permanent mark on your criminal record. This record is publicly accessible and can be viewed by potential employers, landlords, and others conducting background checks. Having a theft charge on your record may:
- Limit job opportunities, especially in industries requiring trust, such as retail, banking, or childcare.
- Create difficulties when applying for housing or loans.
Employment Challenges
Employers are often hesitant to hire individuals with theft-related offenses, as these charges can raise concerns about honesty and reliability. Even if your conviction occurred years ago, it can still impact your ability to secure a new position or advance in your career.
Financial Implications
A shoplifting conviction can also have financial consequences beyond fines, such as:
- Paying restitution to the store for stolen or damaged items.
- Increased difficulty securing loans or credit, as lenders may view you as a higher-risk applicant.
Immigration Consequences
For non-U.S. citizens, a shoplifting conviction can have serious immigration implications. Theft is considered a crime involving moral turpitude, which could:
- Affect your ability to renew visas.
- Lead to deportation or inadmissibility to the U.S.
Social Stigma
Even after serving your sentence or paying fines, the stigma of a theft conviction can linger. Friends, family, or colleagues may view you differently, which can strain personal and professional relationships.
Difficulty with Expungement
While some offenses may be eligible for expungement or record sealing in Texas, shoplifting convictions can be challenging to remove from your record. This means the long-term effects of your conviction may follow you indefinitely.
What to Do If You’re Arrested for Shoplifting
Being arrested for shoplifting can be a confusing and stressful experience, but how you handle the situation can significantly impact the outcome of your case. Whether the charges are a misunderstanding or the result of a mistake, taking the right steps is crucial.
1. Stay Calm and Cooperative
When confronted by store security or law enforcement, remain calm and avoid escalating the situation. Resisting or arguing can worsen the circumstances. Cooperate as needed but avoid volunteering unnecessary information.
2. Exercise Your Right to Remain Silent
You have the right to remain silent. Avoid answering questions or providing explanations without an attorney present. Even innocent statements can be misinterpreted or used against you later. A simple statement like, “I wish to speak to an attorney,” is enough to assert this right.
3. Do Not Sign Any Admissions
If store security asks you to sign a confession or admission of guilt, decline politely. Signing such documents can harm your defense and may not even resolve the situation.
4. Understand What Happens Next
- You may be detained by store security until law enforcement arrives.
- Law enforcement officers will typically issue a citation or make an arrest depending on the circumstances and value of the stolen items.
- After the arrest, you’ll be booked and may need to post bail to be released.
5. Contact an Experienced Attorney Immediately
Shoplifting charges, even for minor thefts, can have long-term consequences. Hiring a skilled attorney early in the process is critical. An experienced lawyer can:
- Advise you on your rights.
- Review the details of your case to identify potential defenses.
- Negotiate with prosecutors to reduce or dismiss charges.
6. Gather Information and Evidence
As soon as possible, document your version of events. Include details such as:
- What occurred before, during, and after the alleged incident.
- Any witnesses who may have seen what happened.
- Receipts or proof of purchase, if relevant.
7. Avoid Discussing Your Case
Refrain from discussing your case with friends, family, or on social media. Anything you say or post could be used as evidence against you. Keep communication limited to your attorney.
Potential Defenses Against Shoplifting Charges
Facing shoplifting charges can be overwhelming, but it’s important to remember that being accused doesn’t mean you’re guilty. There are several potential defenses your attorney can explore to challenge the charges or reduce their severity. Here are some common strategies used to defend against shoplifting allegations:
1. Lack of Intent to Steal
One of the key elements of shoplifting is the intent to deprive the store of its merchandise. If you accidentally left the store without paying for an item or placed an item in your cart with the intention of paying later, your attorney can argue that there was no criminal intent.
2. Mistaken Identity
In busy retail settings, especially during the holiday season, mistakes can happen. Security footage or witness testimony may wrongfully identify you as the individual involved in the theft. Your attorney can challenge the evidence to prove you were not the person responsible.
3. Insufficient Evidence
For a shoplifting conviction, prosecutors must provide clear and convincing evidence of the theft. If the evidence is weak — such as blurry security footage or unreliable eyewitness accounts — it can be challenged in court.
4. Procedural Violations
Law enforcement and store security must follow certain legal procedures when handling shoplifting cases. If your rights were violated during your arrest or if the evidence was obtained unlawfully (e.g., through an illegal search or seizure), your attorney can move to suppress the evidence or dismiss the case entirely.
5. Honest Mistake
If you unknowingly walked out with unpaid items — such as forgetting to pay for something at the self-checkout or being unaware of an item left in your cart—this can be used as a defense. An attorney can demonstrate that the situation was an oversight, not an intentional act.
6. Coercion or Duress
In rare cases, someone accused of shoplifting may have acted under coercion or duress. If another person pressured or threatened you into taking the merchandise, this can serve as a defense.
7. Lack of Ownership or Retail Policy Missteps
If the store failed to prove ownership of the allegedly stolen merchandise or did not follow internal protocols (such as detaining you without contacting law enforcement), these issues can undermine the case against you.
Building a Strong Defense
Every shoplifting case is unique, and the most effective defense depends on the specific facts of your situation. A skilled Houston shoplilfting attorney like Lisa Shapiro Strauss will carefully review your case, challenge the evidence, and build a tailored defense strategy to achieve the best possible outcome.
Answers to Your Questions About Shoplifting in Houston
Is it Considered Shoplifting if You Don’t Leave the Store?
If an individual puts an item in a backpack or conceals it in a way that makes it apparent the item was hidden, a retailer can claim the individual intended to steal the item.
Security guards and employees will often wait for a suspected shoplifter to leave the store before approaching them. This is because it is easier to prove theft if the individual leaves, but it is not necessary for the individual to leave in order to prove intent to shoplift.
Can Social Media Be Used Against You in Shoplifting Cases?
Yes, information shared on social media does not have privacy rights, so any post you make on social media can be used against you. Courts have ruled that even “private” posts are considered public activity. A number of convictions have occurred in part because defendants have made mistakes on social media, such as posting photos of stolen goods, bragging about crimes committed, and providing details of conversations with their attorneys.
If possible, Lisa Shapiro Strauss recommends staying away from social media altogether to reduce the risk of saying or posting something you will regret later.
Can Shoplifting Technology Falsely Accuse Someone of Stealing?
There is no doubt that technology used in shoplifting can make mistakes that result in unfair arrests. A few examples are:
– The facial recognition software used by some businesses uses certain facial characteristics that can be easily mistaken for those of another person, such as head shape, jaw line, and ear shape.
– Chips embedded in valuable items are tracked using RFID technology, but sometimes employees forget to remove the chips after a purchase.
–Video Analytic Software is a type of software that is used to determine whether suspicious activity is taking place, but it could mistake something as simple as reaching into a purse for shoplifting.
Lisa Shapiro Strauss Houston Shoplifting Defense Attorney
The only thing worse than being arrested with shoplifting during the holiday season is being found guilty of the crime and being ordered to pay hefty fines or sentenced to jail.
If you’ve been charged with shoplifting in Houston, leading criminal defense attorney Lisa Shapiro Strauss can help. A former county DA turned Houston criminal defense lawyer, Lisa Shapiro Strauss’ vast legal knowledge and skills could help you avoid jail time, hefty fines or having a shoplifting conviction on your permanent record. Don’t wait to contact the law offices of Lisa Shapiro Strauss to schedule a free initial consultation to discuss your Houston shoplifting case.
