What Constitutes Shoplifting in Texas? 
Shoplifting in Texas is broadly defined under the state’s theft laws. According to Texas Penal Code Section 31.03, shoplifting occurs when someone takes an item without paying for it, with the intention of depriving the owner of the property. It does not matter if you intend to resell the item or merely take it for personal use; the core principle is that you intended to take property that did not belong to you without compensating the store.
Shoplifting charges can be classified into two primary categories: misdemeanor and felony. These classifications are based on the value of the stolen property and the criminal history of the person charged. Let’s take a closer look at each.
Misdemeanor vs. Felony Shoplifting in Plano
In Plano, Texas, the seriousness of the shoplifting charge depends largely on the value of the stolen goods and your prior criminal history. Below are the specifics of how Texas categorizes theft and shoplifting charges.Misdemeanor Shoplifting: Definition and Penalties
Misdemeanor shoplifting occurs when the stolen property has a value of less than $2,500. These charges are typically considered less severe than felony charges but can still carry significant consequences. There are three different classes of misdemeanors in Texas: Class C, Class B, and Class A. Depending on the value of the stolen goods and other factors, shoplifting can fall into any one of these categories.
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- Class C Misdemeanor: This is the least severe shoplifting charge. If you shoplift goods valued at less than $100, you are likely facing a Class C misdemeanor charge. This charge does not carry jail time but can result in a fine of up to $500.
- Class B Misdemeanor: If the stolen goods are valued between $100 and $750, you may be charged with a Class B misdemeanor. This charge can carry a maximum sentence of 180 days in jail and/or a fine of up to $2,000.
- Class A Misdemeanor: For stolen property valued between $750 and $2,500, you could face a Class A misdemeanor charge. The penalties for a Class A misdemeanor can include up to 1 year in jail and/or a fine of up to $4,000.
Felony Shoplifting: Definition and Penalties
If the value of the stolen goods exceeds $2,500, the charge is considered a felony. Felony charges carry much harsher penalties, which can include significant jail time and substantial fines. Additionally, if you have a criminal history or if certain aggravating factors are present, your charge may be elevated to a more severe form of felony.
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- State Jail Felony: If the value of the stolen goods is between $2,500 and $30,000, you could face a state jail felony charge. This charge carries a sentence of 180 days to 2 years in state jail and a fine of up to $10,000. This can be the most common felony shoplifting charge in Texas.
- Third-Degree Felony: If the stolen property is valued between $30,000 and $150,000, you may face a third-degree felony. The punishment for a third-degree felony can be 2 to 10 years in prison and a fine of up to $10,000.
- Second-Degree Felony: Shoplifting charges involving property valued between $150,000 and $300,000 can result in a second-degree felony charge. The sentence for a second-degree felony can range from 2 to 20 years in prison and a fine of up to $10,000.
- First-Degree Felony: If you steal property worth more than $300,000, you could face a first-degree felony charge. This charge can carry a sentence of 5 to 99 years in prison and a fine of up to $10,000.
Factors That Affect Shoplifting Charges
While the value of the stolen property is the primary factor in determining whether the charge is a misdemeanor or felony, other factors can influence the charge you face. Some of these factors include:- Prior Criminal Record: If you have previous convictions for theft or similar crimes, the severity of your current charge may be elevated. Repeat offenders may face higher-level felony charges and longer sentences.
- Use of a Weapon: If a weapon was used during the theft (even if the weapon was not discharged), the charge can be upgraded to a more severe felony offense.
- Conspiracy: If more than one person was involved in the shoplifting incident, there may be additional charges for conspiracy or other criminal activities.
- Attempted Theft vs. Completed Theft: In some cases, if you are caught before completing the theft, you may be charged with attempted theft, which could carry different penalties than a completed theft charge.
Possible Defenses Against Shoplifting Charges
If you’ve been charged with shoplifting, you still have options. Depending on the circumstances of your case, there are a number of potential defenses that could result in a reduced charge or even a dismissal.700+ ACQUITTALS, DISMISSALS & REDUCTIONS FOR OUR CLIENTS
Mistaken Identity or Wrongful Accusation
One of the most common defenses against shoplifting charges is mistaken identity. Many shoplifting cases rely on store surveillance footage, and it is not uncommon for individuals to be wrongly identified. In these cases, you may argue that the evidence presented does not conclusively prove that you were the person involved in the theft.Lack of Intent
For a theft charge to be valid, the prosecution must prove that you had the intent to steal the property. If you accidentally took an item and did not intend to steal it, this can be used as a defense. For example, if you forgot to pay for an item while shopping or were confused about your purchase, this could serve as a valid argument.No Evidence of the Theft
Sometimes, even when store employees or security cameras claim a theft occurred, there may be a lack of solid evidence proving that the theft took place. If the prosecution cannot prove the theft beyond a reasonable doubt, the charge may be dismissed or reduced.Violation of Constitutional Rights
In some cases, shoplifting charges can be challenged based on violations of your rights during an arrest. If law enforcement officers conducted an illegal search or seizure, any evidence gathered during that process could potentially be excluded from the case.Why Hiring a Plano Criminal Defense Lawyer is Essential
If you are facing a shoplifting charge in Plano, hiring a skilled criminal defense attorney is critical. A lawyer can:- Investigate the facts of the case and examine any evidence against you.
- Challenge the prosecution’s evidence and highlight weaknesses in their case.
- Negotiate with prosecutors for a reduced charge or plea deal.
- Represent you in court and provide you with the best chance of a favorable outcome.