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Houston Shoplifting Lawyer

A Brief Summary of the Following Page

  • Legal Foundation: Shoplifting under Texas Penal Code Section 31 encompasses actions like taking or concealing store items without payment, tag swapping, and bypassing security measures, with motives varying from peer pressure to psychological issues.
  • Penalties Overview: Consequences for shoplifting range from fines and minor jail time for misdemeanors to substantial prison sentences for felonies, escalating with the item’s value and any previous criminal record.
  • Defense Tactics: Defenses may argue accidental shoplifting due to lack of intent, mistakes of fact, the minor status of the accused, coercion under duress, or disputing the item’s valued price.
  • Expert Representation: For those facing shoplifting charges, personalized and strategic legal defense is crucial, as provided by the experienced team at Mary E. Conn & Associates, specializing in navigating the complexities of shoplifting accusations and crafting effective defenses.
  • Schedule a consultation at our Houston office by completing a contact form or calling (713) 357-4190.

Innocent individuals in Houston might face shoplifting charges due to simple oversights like accidentally leaving a store without completing a purchase or forgetting to pay for an item in their cart. Such misunderstandings can lead to arrests with potentially severe consequences, even if unintentional.

At Mary E. Conn & Associates, our team approaches the defense of shoplifting charges with dedication and compassion. Our Houston criminal defense team doesn’t aim for quick plea deals but is committed to helping you minimize repercussions to get your life back on track without the weight of a criminal conviction. If you face accusations of shoplifting, call our Houston office without delay and start your initial consultation with a highly experienced Houston shoplifting lawyer.

Skilled Legal Representation for Shoplifting Cases in Houston

Simply because you’ve been accused of shoplifting or retail theft does not mean you are guilty. The shoplifting defense team at Mary E. Conn & Associates approaches each case with diligence and dedication. Our success is rooted in exhaustive investigations that help us build robust defenses against shoplifting and theft charges in Houston.

Since 1985, the legal team at Mary E. Conn & Associates has committed to providing quality, compassionate legal solutions. Our client-centered practice prioritizes your case for the best resolution, offering knowledgeable legal services in criminal defense in Houston. Our legal team emphasizes client communication, providing honest advice and ensuring direct attention to your case. Contact our office today to discuss your case with an experienced shoplifting defense attorney.

What Constitutes Shoplifting in Texas?

Shoplifting is outlined under Texas Penal Code Section 31, stating that anyone who knowingly removes an item from a store without paying for it can be charged with this offense. Concealing an article while still in the store with the intent to shoplift can also lead to allegations.

Other actions that may result in shoplifting charges include:

  • Modifying a price tag to lower the value
  • Replacing an item’s price tag with that of a lesser value
  • Weighing expensive produce and entering the code of cheaper produce
  • Destroying or removing an anti-theft security tag
  • Under-ringing items at a self-checkout

In short, any deceptive action to pay less than the items’ retail value is considered shoplifting. The reasons behind shoplifting vary, including peer pressure, kleptomania, the adrenaline rush of stealing, and using theft as a means to cope with other issues.

What Are the Penalties for Shoplifting in Houston?

Penalties for shoplifting depend on the items’ value and any previous convictions on an individual’s record. In broad terms, penalties for retail theft are as follows: 

Misdemeanor Theft

Misdemeanors, smaller-scale crimes, may result in fines or brief jail time.

  • Class C Misdemeanor: Least serious theft under $50 incurs a fine up to $500.
  • Class B Misdemeanor: Theft between $50 and $500 may lead to 180 days in jail or a $2,000 fine.
  • Class A Misdemeanor: The most severe misdemeanor theft, stealing between $500 and $1,500, can result in up to 1 year in county jail and a $4,000 fine.

Felony Theft

Felonies, more severe crimes, have harsher penalties based on the value of the stolen property.

  • State Jail Felony: Theft over $1,500 but less than $20,000 may lead to 180 days to 2 years in state jail and up to $10,000 in fines.
  • Third-Degree Felony: Theft between $20,000 and $100,000 incurs 2 to 10 years in state prison and fines up to $10,000.
  • Second-Degree Felony: Theft between $100,000 and $200,000 results in 2 to 20 years imprisonment and fines up to $10,000.
  • First-Degree Felony: Reserved for theft over $200,000, it carries 5 to 99 years in prison and fines up to $10,000.

Organized Retail Theft

Charges may escalate if accused of organizing a shoplifting crime involving merchandise worth over $1,500. For example, organizing theft of $2,000 is considered a third-degree felony. If accused of organized retail theft, charges can elevate based on the total value of stolen merchandise.

What Are Potential Defense Strategies Against Shoplifting Charges?

Accidental shoplifting, where someone unintentionally leaves a store without paying for merchandise, often arises innocently. Consider a scenario: a parent shopping with their small child. Unbeknownst to the parent, the child picks up a small toy and exits the store. No intention to steal exists, especially as the child does not understand the concept.

A key element in theft convictions is proving the intent to steal someone else’s property. A potential defense strategy involves challenging this aspect.

Other defense strategies may include:

  • Mistake of Fact: Despite the shop owner’s belief, no theft occurred.
  • Age: While minors may not receive a free pass, their age, inexperience, and lack of understanding may lead to a reduced sentence.
  • Duress: A duress defense becomes a viable option if forced into shoplifting under threat or violence.
  • Overstatement of Value: When merchandise is on sale at a reduced price, the sale price should amount to the dollar value established by the prosecution.

Talk to a knowledgeable Houston shoplifting lawyer at Mary E. Conn & Associates for personalized legal guidance. Our criminal defense team understands the nuances of these strategies and can help you create the most robust defense based on your specific situation.

Contact an Experienced Houston Shoplifting Lawyer for a Consultation

Don’t gamble with your future if you’ve been accused of shoplifting in Houston. Consult an experienced shoplifting defense lawyer from Mary E. Conn & Associates as soon as possible to learn your legal options and potential defense strategies.

Our criminal defense team understands how getting charged with a shoplifting crime can impact your career, reputation, and future. Our experienced shoplifting defense team is here to analyze your case and help you achieve the best outcome possible. Schedule a consultation at our Houston office by completing a contact form or calling (713) 357-4190. Our firm is located just twenty minutes from the Harris County Courthouse.

LEGALLY REVIEWED BY

Mary E. Conn & Associates

July 7, 2024

Mary E. Conn & Associates is a distinguished law firm with a commitment to providing exceptional legal defense in both state and federal courts. Led by Mary E. Conn, a seasoned criminal defense attorney with over three decades of experience, the firm is dedicated to protecting clients' rights and achieving the best possible outcomes in complex legal matters.

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