Shoplifting Law Overview in Texas

Shoplifting stands as a major issue in Texas, recognized as one of the most common forms of theft. Despite its nonviolent nature, those apprehended for shoplifting can face incarceration at the hands of the authorities.

In Texas, people generally see shoplifting as a type of theft crime, covered by section Texas Penal Code.31.02. 31.03, 31.15.

Shoplifting Texas law also explicitly prohibits hiding or disabling tools used for shoplifting. The worth of the stolen things and your previous conviction for theft determine the punishment for stealing.

Considered Elements of Shoplifting

1. Unlawful Taking: Taking things from a store or shop without permission or without paying for them. It’s like trying to grab items without following the rules of the store and without giving any money in return.
2. Intent to Deprive: The person took things from the store without paying and planned to keep them for themselves without ever paying for them. This involves making a conscious decision not to return the items or pay for them at a later time.
3. Merchandise: This refers to items available for purchase in stores, including products and goods. When we talk about shoplifting, it means taking or trying to take these items from the store without paying for them.

Shoplifting rules prevent hiding items to avoid paying for them and taking any actions to avoid paying the full price for an item. This may consist of:

1. Concealing the Item: Hiding items on your person, in a bag, or in any way to avoid paying for them.
2. Altering Price Tags: Changing or removing price tags to pay a lower price than the actual value of the item.
3. Switching Containers: Placing expensive items in cheaper containers to pay a lower price at the checkout.
4. Leaving Without Paying: Simply walking out of the store without paying for the merchandise.
5. Using Theft Tools: Using devices or tools to remove security tags or locks to take items without paying.
6. Working With Others: Engaging in shoplifting with the help of others to distract or obstruct store personnel.

The Severity of Shoplifting Charges in Texas

Misdemeanor Charges

• Class C Misdemeanor is punishable by a fine of up to $500 when the item taken is worth $50.
• Class B Misdemeanor is penalized by a fine of $2,000 and 180 days in jail time when the item taken is valued at more than $100 but less than $750.
• Class A Misdemeanor is penalized by a fine of up to $4,000 and 180 days in jail time when the item taken is worth more than $750 to $2,500.

Felony Charges

• State Jail Felony is penalized by a fine of up to $10,000 and 180 days up to 2 years in jail when the item taken is worth $2,500 to $30,000.
• Third-Degree Felony is penalized by a fine of up to $10,000 and 2 years – 10 years in jail when the item taken is worth $30,000 to $150,000.
• Second-Degree Felony is penalized by a fine of up to $10,000 and 2 years – 20 years in jail when the item taken is worth $150,000 to $300,000.
• First-Degree Felony is penalized by a fine of up to $10,000 and 5 years – 99 years in jail when the item taken is worth more than $300,000.

Shoplifting is generally considered a criminal offense because it involves taking something without permission and is illegal in most jurisdictions. The store where the stealing occurred will determine what happens next. They’ll decide whether to report the incident and press charges.

The conviction may permanently be recorded on your criminal record as a consequence. This means that anyone doing a criminal record check can see all the details about the shoplifting incident. Even if you are not found guilty, the information may remain on your record. 

Having any evidence of a shoplifting conviction on your record, regardless of guilt, can lead to job and housing rejections that require a criminal background check. A stained record may potentially prevent you from entering the US. 

Arrested? Don’t Plea, Call Me!

Shoplifting charges stays on your record permanently. Fortunately, there are ways to remove and or seal certain offenses, like theft, from your record. If you or someone you know was falsely arrested or is facing theft criminal charges, getting help from an experienced criminal defense lawyer is strongly advised. They can give you important legal advice, and support, and represent you during legal proceedings.

In Texas, facing an accusation of shoplifting is a highly serious offense! Even for a first-time offense, your Texas Shoplifting Lawyer should avoid any conviction. Even a misdemeanor shoplifting conviction can have life-changing effects.

Having an experienced criminal defense lawyer can make a big difference in your case. They’ll help you understand the legal process, explain your options, and support you. They’ll review the evidence against you, gather witness statements, and look for anything that can help your case.