Shoplifting is a serious criminal offense in Texas, even if it is your first offense. If you are convicted, you could face serious penalties, including fines and jail time. The good news is that you do not have to face these charges alone. Our Bryan shoplifting lawyer can help you fight the charges against you and protect your rights.
Are you facing a shoplifting charge in Texas? Call Shane Phelps Law today at (979) 775-4100 or contact us online to schedule a meeting with our shoplifting lawyer in Bryan!
What Is Considered Shoplifting in Texas?
Shoplifting in Texas involves:
- Intentionally taking merchandise from a store without paying for it
- Concealing merchandise with the intent to steal it
- Altering price tags or packaging
- Transferring merchandise from one container to another with the intent to steal it
It is a form of theft and can result in criminal charges and penalties.
What are the Penalties for Shoplifting in Texas?
The penalties for shoplifting in Texas can vary depending on the value of the stolen merchandise and other factors, but here are some possible consequences:
- For merchandise valued at less than $100, shoplifting is a Class C misdemeanor punishable by a fine of up to $500.
- For merchandise valued at between $100 and $750, shoplifting is a Class B misdemeanor punishable by up to 180 days in jail and a fine of up to $2,000.
- For merchandise valued at between $750 and $2,500, shoplifting is a Class A misdemeanor punishable by up to one year in jail and a fine of up to $4,000.
- For merchandise valued at between $2,500 and $30,000, shoplifting is a state jail felony punishable by up to two years in jail and a fine of up to $10,000.
- For merchandise valued at more than $30,000, shoplifting is a third-degree felony punishable by up to ten years in prison and a fine of up to $10,000.
It's worth noting that these penalties can vary based on factors such as the criminal history of the offender and other factors and that shoplifting can also result in civil penalties, such as having to pay restitution to the store or being sued by the store for damages.
Defenses to Shoplifting Charges
There are a few defenses that a person accused of shoplifting in Texas might be able to use to fight the charges. Here are some possible defenses:
- Mistaken identity: The accused person may argue that they were not the person who committed the theft and was mistaken for someone else.
- Lack of intent: To be convicted of shoplifting, the prosecution must prove that the accused person intended to steal the merchandise. If the person can show that they did not have the intent to steal, such as if they accidentally forgot to pay for an item, they may be able to avoid a conviction.
- Coercion: If someone was coerced or forced into committing the shoplifting, they may be able to argue that they were not acting of their own free will and should not be held responsible for the theft.
- Involuntary intoxication: If a person was under the influence of drugs or alcohol at the time of the alleged shoplifting and was not in control of their actions, they may be able to argue that they did not have the mental state necessary to commit the crime.
- Illegal search and seizure: If the evidence against the accused person was obtained through an illegal search or seizure, such as if the police did not have a warrant to search their person or property, the evidence may be suppressed, and the charges may be dropped.
It's important to note that the effectiveness of these defenses will depend on the case's specific circumstances and that it's best to consult with an experienced criminal defense attorney if you're facing shoplifting charges.
Contact Our Bryan Shoplifting Lawyer Today
If you face shoplifting charges in Texas, you must contact our firm immediately. Our Bryan shoplifting lawyer can review your case and help you develop a plan of action. You need a strong and experienced legal advocate on your side.
Contact Shane Phelps Law today to schedule a FREE consultation with our shoplifting attorney in Bryan!