Unfortunately, many associate shoplifting crimes with juvenile offenses, as children and rebellious teens are often the culprits of this crime. However, it’s important to understand that in many instances, stealing items from a store without paying is not something that will result in a slap on the wrist. If you’re facing a shoplifting charge, it’s imperative to understand the importance of connecting with an experienced attorney from a Houston theft defense attorney who can assist you during these complicated times. The following blog explores what warrants this offense, the penalties you can face if convicted, and why working with an attorney is crucial to crafting a defense.
What Warrants a Shoplifting Charge?
In Texas, shoplifting, also referred to formally as retail theft, occurs when someone takes items from a store or merchant with the intent to deprive them of their property without consent or exchanging compensation for the value of the item. For example, walking out of a store with an item you did not pay for is shoplifting.
However, simply taking an item and leaving the store isn’t the only act of shoplifting. In Texas, manipulating a barcode to make an item ring up for less than its actual value, taking a shopping cart, or scanning other items while concealing merchandise all warrant a shoplifting offense.
What Penalties Can I Face if Convicted?
The penalties you face will depend on the value of the item removed from the store. Generally, any item worth less than $2,500 warrants a misdemeanor offense. Depending on the class of misdemeanor you’re charged with, you can spend up to 180 days in jail for this offense.
However, if you are charged with taking an item valued at over $2,500, you will face a felony offense. Items valued between $2,500 and $30,000 will warrant a state jail felony, while anything over will warrant a third-, second-, or first-degree felony offense. These charges carry intense penalties like up to life in prison.
In addition, it’s important to understand that the shop owner can sue you for damages under the Texas Theft Liability Act. As such, they can recover compensation for the value of the item stolen, court costs, and attorney fees.
Are There Any Potential Defenses?
In general, the prosecution must show that you had intent to shoplift. If you can prove that this is not the case, you may be able to avoid facing charges. For example, if you scan an item and it rings up for less than it’s true value, the store owner may accuse you of manipulating the price tag. However, if they can find footage of the aisle the item was located in to show you simply picked up the item and put it in your cart, you may be able to prove you were not the individual who manipulated the item’s price.
As you can see, a shoplifting charge can be very serious. That’s why our team is committed to doing everything possible to help you receive the best possible outcome for your circumstances. At the Gonzalez Law Group, we understand how complicated these issues can be. That’s why our team is dedicated to representing our clients and giving them the best possible opportunity to receive justice. Connect with us today to learn how we can assist you through these matters.
