This article is for general information only and is not legal advice.
Most people I speak with in Houston are surprised by how serious shoplifting charges in Texas can be. They often assume it is a minor issue that will resolve itself. What most people don’t realize is that a shoplifting charge can carry long-term consequences—but it can also be successfully defended with the right strategy.
Below are the key things I regularly explain to clients facing shoplifting accusations in Houston and Harris County.
There Is No Separate Crime Called “Shoplifting” in Texas
One of the most common misconceptions I hear is that “shoplifting” is its own criminal offense. It isn’t.
In Texas, shoplifting cases are charged under the theft statute, Texas Penal Code §31.03. The same law applies whether the allegation involves a retail store, an employer, or personal property.
This distinction matters more than most people realize. Because shoplifting falls under the general theft statute:
- The State must still prove intent to deprive, not just suspicious behavior
- Being stopped by store security does not automatically mean a crime occurred
- Many cases hinge on what the evidence actually shows, not on assumptions made at the time
In Houston retail cases—especially those involving large stores or self-checkout—the evidence is often far less clear than people expect.
A Shoplifting Conviction Can Follow You Longer Than You Expect
Another thing most people don’t realize is how far-reaching the consequences of a shoplifting conviction can be.
Because theft is considered a crime of dishonesty, it is treated differently than many other misdemeanors. Even a low-level conviction can raise concerns for:
- Employers handling money, inventory, or confidential information
- Professional licensing boards
- Schools, internships, and training programs
- Background checks run years later
In Harris County, I routinely meet clients who are less worried about fines or court appearances than they are about how a theft conviction could affect their future. That concern is well-founded.
A brief example from my practice:
In the Houston area, I’ve represented clients accused of shoplifting items worth less than $50, with no prior criminal history. What surprised them most wasn’t the charge—it was learning how that single accusation could impact employment opportunities. In several cases, careful review of the evidence led to dismissals and, later, cleared records.
Shoplifting Charges Affect People From All Walks of Life
Another reality most people don’t realize is who actually gets charged with shoplifting.
Over the years, I’ve represented students, homemakers, professionals, attorneys, nurses, and many others in Houston shoplifting cases. These are not people who fit the stereotype most imagine when they hear the word “shoplifting.”
In my experience, shoplifting cases are rarely about financial need. More often, they involve distraction, stress, confusion at self-checkout, embarrassment, or momentary lapses in judgment. Sometimes, the accusation is simply wrong.
This matters because shame causes people to delay getting legal advice or to minimize the seriousness of the charge. Shoplifting accusations happen to ordinary people in Harris County every day, and they deserve to be handled carefully and professionally.
What Are the Potential Penalties for Shoplifting in Texas?
Another thing people often underestimate is the range of possible punishment for a shoplifting charge.
Because shoplifting is charged as theft, the penalty depends largely on the alleged value of the merchandise and, in some cases, prior convictions. In general:
- Under $100: Class C misdemeanor (usually a fine)
- $100 to under $750: Class B misdemeanor (up to 180 days in jail and a fine up to $2,000)
- $750 to under $2,500: Class A misdemeanor (up to 1 year in jail and a fine up to $4,000)
- $2,500 or more: Felony theft, with increasing punishment ranges as value increases
While jail is not imposed in many low-level cases, the conviction itself—not just the sentence—is often the bigger concern. That is why even misdemeanor shoplifting charges should be taken seriously.
Being Detained by Store Security Does Not Mean the Case Is Strong
Many clients tell me, “They stopped me, so they must have proof.” That assumption is not always correct.
In Houston shoplifting cases, stores rely heavily on loss-prevention staff and internal procedures. Those cases often contain weaknesses, such as:
- Gaps or blind spots in surveillance footage
- No clear evidence of intent
- Conflicting employee statements
- Failure to actually leave the store with merchandise
- Improper detention or investigation methods
Being detained by store security is not the same thing as being legally guilty. The State still bears the burden of proof in Harris County courts.
Shoplifting Cases Are Often More Defensible Than People Think
Another overlooked reality is that shoplifting cases can often be successfully defended.
A proper defense strategy focuses on:
- Reviewing surveillance footage carefully and completely
- Analyzing whether intent can actually be proven
- Identifying assumptions made by loss-prevention personnel
- Challenging how and when the accusation was made
Many cases resolve favorably not because someone “got lucky,” but because the evidence did not support the charge as filed.
Dismissal and Expunction Are Often Possible Outcomes
Perhaps the most important thing most people don’t realize is that a shoplifting case does not have to leave a permanent mark on someone’s record.
Depending on the facts, possible outcomes may include:
- Dismissal after attorney intervention
- Pretrial diversion or deferred resolution
- Reduction of charges
- Eligibility for expunction once the case is dismissed
A dismissal is only part of the process. For many people in Houston, clearing the record is just as important as resolving the case itself—especially when employment or professional licensing is involved.
Common Questions I Hear About Shoplifting Charges in Houston
Is shoplifting always a misdemeanor in Texas?
No. Higher-value allegations can be charged as felonies.
What if this is my first offense?
First-time cases are often more defensible, but they should still be taken seriously.
Will a shoplifting arrest show up on a background check?
An arrest can appear unless the case is dismissed and properly expunged.
Do I need a lawyer if the item was inexpensive?
Yes. The value of the item does not determine the long-term impact of the case.
What to Do If You’re Facing a Shoplifting Charge in Houston
What most people don’t realize about shoplifting charges in Texas is that these cases are rarely as simple as they appear. The potential consequences can be significant, but so are the opportunities for a strong defense.
If you’re facing a shoplifting charge in Houston or Harris County, the most important step is having the evidence reviewed early and strategically. That approach often makes the difference between a lasting problem and a clean resolution.
