Aggressively Defending Misdemeanor & Felony Shoplifting Charges in Houston and Harris County.
Facing a shoplifting accusation is serious business in Texas. From a mere citation to potential felony charges, the stakes are high, impacting your record, employment, and future. In Houston and Harris County, retailers and prosecutors aggressively pursue shoplifting cases. For anyone accused of shoplifting, understanding the nuances of these charges and seeking legal help quickly is crucial.
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Lisa Shapiro Strauss is an experienced Houston Shoplifting Attorney dedicated to defending individuals against shoplifting charges. She has the expertise, skills, and dedication to thoroughly examine the evidence against you and formulate an effective defense strategy aimed at protecting your rights and minimizing the consequences of an accusation in Houston.
Understanding Shoplifting Charges in Texas
Shoplifting, under Texas law, is a specific type of theft. It is defined as deliberately taking products from a store without paying the full value for them. The core of a shoplifting charge relies on proving the intent to steal, meaning the accused planned to unlawfully take merchandise.
Shoplifting Without Leaving the Store
A common misconception is that you can only be charged with shoplifting if you have left the store premises. This is not necessarily the case in Texas. The prosecution must prove beyond a reasonable doubt that the accused had the intent to steal, even if they were still inside the store. Actions like concealing merchandise, altering price tags, or passing the last point of sale can be used as evidence of intent, regardless of whether you exited the building.
Shoplifting Penalties & Classes in Houston & Harris County
The penalties for shoplifting in Texas are primarily determined by the value of the merchandise stolen. These charges are classified as misdemeanors or felonies, with penalties ranging from fines to significant jail or prison time. In Houston and Harris County, prosecutors assign these charges based on state law.
Shoplifting Classifications & Penalties
- Class C Misdemeanor: Value under $100. Penalty: Fine up to $500.
- Class B Misdemeanor: Value $100 to $750. Penalty: Up to 180 days in county jail and/or fine up to $2,000.
- Class A Misdemeanor: Value $750 to $2,500. Penalty: Up to one year in county jail and/or fine up to $4,000.
- State Jail Felony: Value $2,500 to $30,000. Penalty: 180 days to 2 years in state jail facility and/or fine up to $10,000.
- Third Degree Felony: Value $30,000 to $150,000. Penalty: 2 to 10 years in prison and/or fine up to $10,000.
- Second Degree Felony: Value $150,000 to $300,000. Penalty: 2 to 20 years in prison and/or fine up to $10,000.
- First Degree Felony: Value $300,000 or more. Penalty: 5 to 99 years or life in prison and/or fine up to $10,000.
Impact of Prior Convictions
A shoplifting charge can be enhanced to a higher offense level if you have prior theft convictions. For example, a misdemeanor shoplifting charge could become a State Jail Felony if you have previous theft convictions.
Long-Term Consequences
Beyond direct criminal penalties, a shoplifting conviction can affect your ability to get a job, secure housing, obtain loans, and even qualify for certain educational opportunities, as it will likely appear on criminal background checks.
Civil Demand Letters After Shoplifting
In addition to criminal charges, many retailers in Houston and Texas will send a civil demand letter to individuals accused of shoplifting. This letter demands payment for damages, administrative costs, and potentially the value of the stolen merchandise, even if the merchandise was recovered.
Should You Pay a Civil Demand Letter?
While the retailer is within their rights to send the letter under Texas law, paying it does not make the criminal charges disappear. It is crucial to consult with an experienced shoplifting attorney before responding to or paying a civil demand letter. Your attorney can advise you on whether paying is advisable in your specific situation and how it might impact your criminal case.
Received a civil demand letter? Get legal advice before you respond.
Building Your Defense Against Shoplifting Allegations
If you’ve been accused of shoplifting in Houston or Harris County, remember that you are innocent until proven guilty. A Houston shoplifting attorney can employ various effective legal defense strategies that may help to have the charges against you dismissed or reduced.
Possible Defense Strategies
Depending on the circumstances, potential defenses for shoplifting charges in Texas can include:
- Lack of Intent: Arguing that you did not have the deliberate intent to steal the merchandise. This is a crucial element for shoplifting charges. This might involve demonstrating it was an honest mistake, forgetfulness, or a misunderstanding.
- Mistake of Fact: Believing you had paid for the item, or that it belonged to you, or that you had permission to take it.
- Insufficient Evidence: Challenging whether the prosecution has met their burden of proving every element of the charge beyond a reasonable doubt, especially intent. This includes scrutinizing surveillance video, witness statements, and police reports.
False Accusations: Providing evidence that the allegations are untrue or a case of mistaken identity. This can arise from miscommunications, errors in technology, or malicious intent. - Police or Security Misconduct: Arguing that your rights were violated during the stop, arrest, or questioning.
Lisa Shapiro Strauss will fight the allegations against you and help you achieve the best possible outcome in your case.
Build Your Defense Against Shoplifting Charges. Contact Our Houston Office.
Why Choose Lisa Shapiro Strauss for Shoplifting Defense?
When accused of shoplifting in Houston or Harris County, you need a defense attorney who understands not only Texas theft laws but also the specific tactics used by retailers and prosecutors in local courts. Lisa Shapiro Strauss offers the critical qualifications to fight for you.
The Former Prosecutor Advantage
Lisa Shapiro Strauss is a Former Prosecutor. She understands the criminal justice system from both sides. As a former county prosecutor, she was trained by prosecutors, so she knows how they approach each type of criminal case, including shoplifting. Her background provides invaluable insight into how the Harris County District Attorney’s Office and even retail loss prevention teams build their cases, evaluate evidence, and pursue convictions. This insider knowledge is a significant advantage in anticipating their moves and building a more effective defense strategy for you.
Extensive Experience in Theft & Shoplifting Cases
With Over 25 Years of Experience as a criminal defense attorney, Lisa has handled hundreds of theft cases, including numerous shoplifting accusations. She understands the nuances of misdemeanor and felony shoplifting, from the initial encounter with security to complex court proceedings.
Local Knowledge of Harris County Courts
Her extensive practice in Harris County courts means she is intimately familiar with the judges, prosecutors, and court staff specific to this jurisdiction. This local knowledge is a significant asset in navigating the legal process efficiently and effectively on your behalf.
Frequently Asked Questions About Shoplifting
Facing shoplifting charges in Houston can lead to many questions. Here are answers to some common ones:
Is Retail/Return Fraud a Crime in Houston?
Yes, return fraud is a crime in Texas and can be prosecuted as a theft offense. It involves deceiving a retailer to obtain a refund or exchange for merchandise you are not entitled to. The penalties depend on the value involved.
What Role Does Fingerprint Evidence Play in Theft Cases?
Fingerprint evidence can be used by the prosecution in theft cases to link an individual to a crime scene or property. However, the reliability of fingerprint evidence can sometimes be challenged by an experienced defense attorney based on collection methods, partial prints, or scientific interpretation.
Is Receiving Stolen Property a Crime in Texas?
Yes, buying, receiving, or concealing property that you know to be stolen is a criminal offense in Texas, often prosecuted as possession of stolen property. The penalties depend on the value of the property.
How Long After a Shoplifting Incident Can You Be Charged?
There is a statute of limitations for theft charges in Texas. While it varies by offense level, law enforcement or retailers can still pursue charges days, weeks, or even months after an incident, even if you left the store without being apprehended.
What Can Store Security Guards Do If They Suspect Shoplifting?
In Texas, store security guards generally have the power to detain a person they reasonably believe has committed shoplifting for a reasonable period to investigate or call the police. However, their powers are limited, and they cannot violate your rights.
What Are the Basic Penalties for Theft in Texas?
Penalties for theft in Texas depend on the value of the stolen property, ranging from a Class C misdemeanor (fine only) for property under $100, up to a First-Degree Felony (5-99 years/life in prison) for property valued at $300,000 or more.
Harris County Assault Charge Case Results
State v CL: Client Charged with Assault on a Family or Household Member with Previous Conviction. Lisa got the case dismissed.
State v CL: Client Charged with Aggravated Assault on a Family Member. Lisa got the case dismissed.
State v AH: Client Charged with Assault on a Family/House Member by Impeding Breath or Circulation. Lisa got the case dismissed.
*Past results do not guarantee future outcomes, but they can demonstrate the type of representation and dedication our firm provides in assault cases. Lisa Shapiro Strauss has achieved favorable outcomes for clients facing assault charges, including misdemeanor allegations, in Houston and Harris County.
Protect Your Future: Get Help Today
If you are facing shoplifting charges in Houston or Harris County, don’t underestimate the potential consequences. Even a misdemeanor conviction can impact your record, employment, and future opportunities. You need experienced legal help to protect your rights.
Lisa Shapiro Strauss is a dedicated Houston shoplifting attorney with a deep understanding of Texas theft laws and the nuances of defending these cases in Harris County courts. With Over 25 Years of Legal Experience and valuable insight as a Former Prosecutor, she is prepared to build a strong defense strategy tailored to your specific situation.
Don’t let a shoplifting charge define your future. Contact the law offices of Lisa Shapiro Strauss today for a free consultation to review the details in your case.
