Shoplifting – known as theft under Texas law – is charged every day in Houston. Most shoplifting cases filed in the Houston area are Class “B” or Class “C” misdemeanors, but due to the stigma attached to stealing, in many ways shoplifting cases can be more serious than some felonies due to the stain they can potentially leave on a person’s record.
If you have been charged with shoplifting, protecting your record should be a top priority to prevent long-term consequences for your freedom, reputation, and livelihood. In many cases, it is possible to keep a shoplifting charge off your record with the right legal strategy. Attorney Jose Ceja, a former prosecutor and Board-Certified in Criminal Law by the Texas Board of Legal Specialization has a proven track record of successfully defending shoplifting cases in the Houston area. His experience and strategic approach help clients achieve the best possible outcomes.
What are the Penalties for Shoplifting in Texas?
Technically, there is no offense known as “shoplifting” in Texas. Under Texas Penal Code 31.03, shoplifting is charged as theft (lawyers often refer to “shoplifting” as a specific type of theft). A shoplifting charge may be filed if prosecutors can prove that a person exercised control over an item with the intent to deprive the owner of the property. Shoplifting doesn’t only involve leaving a store without paying. It can also include acts like switching price tags or concealing items with the intent to steal, even if the person never exits the store.
The level of offense and the potential punishment for a shoplifting charge is determined by the value of the items taken. In Texas, a shoplifting charge can range from a Class “C” misdemeanor (punishable by fine only) to a felony.
When is shoplifting charged as a misdemeanor?
As noted above, most shoplifting cases filed in the Houston area are misdemeanors due to the value of the items taken. The punishment ranges for misdemeanor shoplifting cases are:
- Theft of merchandise valued at less than $100 is a Class C misdemeanor. The punishment for a Class C misdemeanor is a fine of up to $500.
- Theft of merchandise valued between $100 and $750 is a Class B misdemeanor. The punishment for a Class B misdemeanor is a fine of up to $2,000 and up to 180 days in jail.
- Theft of merchandise valued between $750 and $2,500 is a Class A misdemeanor. The punishment for a Class A misdemeanor is a fine of up to $4,000 and up to one year in jail.
When is shoplifting charged as a felony?
When the value of the items that a person allegedly stole (or attempted to steal by exercising control over) is above $4000, shoplifting can be charged as a felony. It is rare for a shoplifting case to be charged as a felony due to the fact that most shoplifting cases do not involve high value items (most felony theft cases involve other types of theft). The sentencing range for felony shoplifting cases is:
- Theft of merchandise valued between $2,500 and $30,000 is a state jail felony. The punishment for a state jail felony is a fine of up to $10,000 and between 180 days to 2 years in jail.
- Theft of merchandise valued between $30,000 and $150,000 is a felony in the third degree. The punishment for a felony in the third degree is a fine of up to $10,000 and between 2 and 10 years in prison.
- Theft of merchandise valued between $150,000 and $300,000 is a felony in the second degree. The punishment for a felony in the second degree is a fine of up to $10,000 and between 2 and 20 years in prison.
- Theft of merchandise valued over $300,000 is a felony in the first degree. A first-degree felony is punishable by a fine of up to $10,000 and a prison sentence ranging from 5 to 99 years.
What are the life consequences of a shoplifting arrest?
A shoplifting arrest in Texas can have lasting consequences beyond the direct legal consequences of a shoplifting arrest. Even if charges are dismissed, an arrest record can follow you for years, impacting multiple areas of life. This is why it is crucial to do everything possible to obtain a dismissal of the charge. Some of the most common negative consequences of a shoplifting arrest or conviction can include:
1. Employment Challenges
Many employers conduct background checks, and a shoplifting charge—even without a conviction—can make it harder to get hired. Businesses in retail, finance, and healthcare are especially reluctant to hire someone with a theft-related offense. If you’re already employed, certain industries may terminate employees with criminal records.
2. Professional Licenses & Career Limitations
If you hold—or plan to obtain—a professional license in law, healthcare, finance, or education, a theft conviction could put your career at risk. Licensing boards often view crimes of dishonesty as red flags, and even a first-time shoplifting offense in Texas may trigger disciplinary action.
3. Housing & Rental Restrictions
Landlords in Houston frequently run background checks, and many rental applications deny tenants with theft convictions. This is especially common in apartment complexes with strict leasing policies.
4. Impact on Immigration Status
For non-citizens, a theft-related offense can carry severe immigration consequences, including visa denials, green card delays, or even deportation. Since shoplifting is considered a crime of moral turpitude, it can be used against immigrants in legal proceedings.
5. Scholarships & Financial Aid Risks
Some universities and scholarship programs disqualify applicants with criminal records. A shoplifting conviction in Texas could limit access to student loans, financial aid, or academic opportunities.
6. Damage to Reputation & Personal Life
An arrest—especially in a digital age—can harm personal relationships and damage your reputation. Background checks are increasingly used in volunteer organizations, school activities, and even dating apps.
What happens if you get arrested for shoplifting in Houston?
If you are arrested for shoplifting in Houston, what will happen immediately after you have been detained will depend on the value of the items allegedly shoplifted. If the value of the merchandise is less than $100 you will be charged with Class “C” theft and you will likely be cited, released, and given a future court date at a municipal court. Most shoplifting cases in Houston take place at large retailers, such as Wal-Mart, which aggressively investigates and prosecutes shoplifters.
If the value of the merchandise taken is $100 or more, you will normally be arrested and taken to jail since the case will be handled by a county court or District Court. In Houston, that typically means that a person will be taken downtown and processed at the Joint Processing Center at 700 N. San Jacinto. In Houston, many shoplifting defendants will be granted a free bond, released, and given a court date, typically within a week or so.
What happens at my first court appearance on a shoplifting charge in Houston?
Nothing will be decided at your first court date and you should not be anxious about your first court appearance. You will not have to make a statement or address the allegation and it is assumed that you are pleading “not guilty.”
Shoplifting cases take several months to resolve. At your first appearance on a shoplifting case in Houston, the judge will typically issue or review your bond conditions, which are rules that you must follow as a condition of being free on bond while your case is decided. It is preferable to have a Houston shoplifting attorney who is familiar with the courts with you at your first court date so he can advocate on your behalf if the judge issues overly restrictive bond conditions. Additionally, if you have a shoplifting attorney at your first court date, the court may waive your appearance at future court dates so you do not have to miss work. However, nothing bad will happen if you do not bring an attorney to your first court appearance on a shoplifting charge.
How much is bail in a shoplifting case in Houston?
The amount of bail in a shoplifting case will vary. As noted above, if you are arrested for Class “B” or higher shoplifting, you will typically be arrested and processed at the Harris County Jail. Most first-time shoplifting defendants will receive a free bond (known as a PR or personal recognizance bond) and be given a court date to appear.
If a defendant has a significant criminal history or was on bond for another criminal case, it is possible that a free bond will not be granted and that bail must be paid. The amount of bail that must be can vary but it is typically less than $5000 (and usually in the $500-1000 range). There are two options to post a bond: use a bail bondsman or pay the cash yourself.
A bail bond company will pay the entire amount of the bond for a fee (typically 10%). As a condition of posting bond, they will sometimes also require that the defendant periodically “check in” with them. Rather than use a bail bondsman, some defendants opt to pay the entire bail amount themselves. The advantage of paying bail yourself is that you get the entire amount back at the end of the case (the 10% fee charged by the bail bondsman is non-refundable) and you do not have to worry about complying with the rules of the bail bondsman. In Harris County, the bond can be posted in a shoplifting case at 700 N San Jacinto in downtown Houston.
Can you be charged with shoplifting if you didn’t leave the store?
Due to the way theft is defined in Texas, it is possible to be charged with shoplifting even if you did not leave the store. As noted above, a person commits the offense of theft if he unlawfully “appropriates” the property of another with intent to deprive the owner of the property. There is no requirement that a person leave a store before being charged with shoplifting.
In Texas, the theft statute has been interpreted to mean that any handling of an item, with an intent to steal, could meet the statutory definition of theft. This could include changing or altering a barcode or concealing an item, without leaving the store, as long as either act is done with the intent to steal.
Of course, whether prosecutors have enough evidence to charge you with theft if you did not leave the store will depend on the facts and circumstances of your case. Accidentally failing to scan a low-value item may not be strong evidence of intent to steal. However, swapping bar codes may be stronger proof of intent to steal in some instances.
Is it legal for store security to detain you in a shoplifting case in Texas?
In most shoplifting cases, loss prevention officers will detain a person suspected of shoplifting and take them to a room to wait for the police. Under Texas Civil Practice and Remedies Code 124.001, store owners are granted a “shopkeeper’s privilege” to detain a customer to investigate a suspected shoplifting incident. According to Texas courts, stores are permitted to detain a customer in a “reasonable” manner and period of time if the employee has a good-faith belief that the customer has stolen or is attempting to steal store merchandise.
How can you get a shoplifting charge dismissed in Houston?
There are many ways to get a shoplifting case dismissed in Houston. A shoplifting defense lawyer should have a clear strategy for maximizing your chances of keeping a shoplifting charge off of your record. In general, any defense of a criminal charge should begin with challenging the facts of the case or arguing that some portion of the arrest was illegal and that evidence should not be permitted in court (for example, if you were under arrest and there was an interrogation without Miranda warnings that is necessary to prove your case).
To be able to evaluate the facts of a case, a defense attorney must first obtain the evidence. In Texas, prosecutors are legally obligated to provide the defense with any evidence that is in their possession. In a shoplifting case, the evidence typically includes police reports, witness statements and videos. The process of obtaining the evidence in a shoplifting case can take several months in the Houston area.
The most common defense in a shoplifting case is that a person did not intend to steal. In Texas, the theft statute requires that a person act “with intent to deprive the owner of the property.” This means that a person cannot be convicted of shoplifting if they accidentally took an item from a store, or left with an item believing that they had purchased it.
Even if it appears that prosecutors can prove the elements of theft, it is frequently possible for a Houston shoplifting defense lawyer to negotiate a dismissal of the charges. In Harris County, the District Attorney’s Office offers a program known as the Retail Theft Intervention Program (RTIP) that offers a dismissal to defendants with minimal criminal history who are accused of shoplifting. This program may be a good option for many defendants although a defense attorney should always work to challenge the facts before accepting any program.
How do I expunge a shoplifting arrest from my record?
An experienced criminal defense attorney can help you expunge your case if you are eligible. In Texas, an expunction is the best possible result in a shoplifting case as an expunction results in records relating to the arrest being physically destroyed. Once a shoplifting case is expunged, the person who was arrested can even legally deny the arrest in most instances (for example, in a job or housing application).
It is very important to remember that a person charged with shoplifting is typically only eligible for an expunction if the case is dismissed, or if the person is found “not guilty” at trial. Any kind of probation or guilty plea, regardless of the sentence, would result in a person not being eligible for an expunction (the only exception is that a Class “C” deferred may be eligible for an expunction if completed successfully). One important job of a shoplifting defense lawyer is to advise you regarding the consequences of a plea and the options for removing a shoplifting arrest from your record in Houston. The goal of a shoplifting arrest should always be to eventually obtain an expunction of the charge.
Is deferred adjudication a good option in a shoplifting case?
Deferred adjudication is typically not the best result in a shoplifting case. In the Houston area, a deferred adjudication probation is frequently offered in shoplifting cases. A deferred adjudication is a type of probation where a judge puts off or “defers” making a finding of guilt until you complete the term of probation. This means that a person who successfully completes a deferred adjudication for shoplifting will not have a permanent conviction on their record.
It is important to consult with an experienced shoplifting defense attorney before accepting any plea agreement. However, it is important to understand that a shoplifting case cannot be expunged if you complete a deferred adjudication probation unless the probation was for a Class “C” misdemeanor. If you successfully complete a deferred adjudication probation for something more serious than a Class “C” deferred, you may be eligible to have your records sealed.
What are the civil penalties for shoplifting? Do I have to pay demands for money from retailers?
If you have been arrested for shoplifting at a large retailer, it is likely that you will receive a civil demand letter asking you to pay money to the store (or a third-party collection agency or law firm). Most attorneys advise their clients to ignore these letters as these companies have no legal recourse to collect this money and many of the lawyers that send these letters are not even licensed to practice law in Texas. Whether or not you pay a civil demand will have no effect on your criminal shoplifting case.
Can I pay restitution to get out of a shoplifting charge?
Unfortunately, paying restitution will not cause a shoplifting case to be dismissed. Although there are several ways that a criminal defense lawyer can help to obtain a dismissal in a shoplifting case, paying restitution will not typically result in the dismissal of the case. As noted above, it is possible that a retailer will send you a letter demanding that you pay money, but in most cases, these letters are not enforceable and paying the money they ask for will not result in your case being dismissed. Similarly, returning an item to a store later on is not a defense to a shoplifting charge.
Can I be convicted without evidence in a shoplifting case?
In Texas, prosecutors must prove that a person intended to steal but there is no requirement that prosecutors have a particular type of evidence. Common evidence in shoplifting cases includes:
- Surveillance Footage – Security cameras may capture concealment or theft, but poor-quality video can weaken the case.
- Eyewitness Testimonies – Store employees or customers may provide statements, though their recollections can be inaccurate.
- Physical Evidence – Concealed merchandise or tools used to remove security tags can be used against the accused.
- Behavioral Indicators – Actions like switching price tags or attempting to exit without paying can suggest intent.
- Defendant’s Statements – Anything said to store security or police may be used in court, which is why it’s crucial to remain silent.
A Houston shoplifting attorney can challenge weak evidence, question witness credibility, and argue for dismissal when possible.
With the high stakes and potential impact of a shoplifting arrest, it is critical to consult with an experienced shoplifting defense attorney if you have been charged with theft. Attorney Jose Ceja is a former prosecutor and recognized as a Texas Super Lawyer. Mr. Ceja regularly obtains excellent results for clients charged with shoplifting throughout the Greater Houston area. Don’t let a shoplifting charge affect your future. Contact Ceja Law Firm today for a free consultation and take the first step in protecting your record
