At Ceja Law Firm, our team understands the challenges you face and has the knowledge and experience to defend your rights and pursue the most favorable outcome possible. We approach each shoplifting case with a strategic mindset designed to challenge the prosecution’s claims and protect your rights. When you come to us for help, we will thoroughly review your case, challenge evidence that does not hold up, and represent your interests in and out of court.

Don’t let shoplifting charges define your future. Contact Ceja Law Firm today for an initial consultation to discuss your case and discover how we can assist you in this challenging time. Mr. Ceja is a former prosecutor and Board Certified in Criminal Law by the Texas Board of Legal Specialization.

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Understanding Shoplifting Under Texas Law

Texas law does not distinguish “shoplifting” as a specific crime but instead includes it under the broader category of “theft.” Theft, per the Texas Penal Code, involves unlawfully taking property with the intent to permanently deprive the owner of it or for a duration that significantly impacts its value or enjoyment. Theft also encompasses actions like using devices designed to shield or deactivate theft detection systems with the intent to commit theft or switching price tags within a store.

Here’s a breakdown of the classifications for theft offenses under the Texas Penal Code:

  • Class C Misdemeanor: This classification is for theft where the stolen property’s value is less than $100. It is the least severe level of theft under Texas law.
  • Class B Misdemeanor: Class B misdemeanor charges apply if the property stolen is valued at $100 or more but less than $750. If a person has a prior theft conviction, any subsequent theft of property valued under $100 also falls into this category. Furthermore, the theft of a driver’s license, commercial driver’s license, or a personal identification certificate is also treated as a Class B misdemeanor regardless of its monetary value.
  • Class A Misdemeanor: If the value of the stolen property ranges from $750 to less than $2,500, the theft is a Class A misdemeanor. Additionally, possession, manufacture, or distribution of instruments designed to shield or deactivate theft detection devices fits within this classification irrespective of the value of the items involved with the theft.
  • State Jail Felony: Theft of property valued between $2,500 and less than $30,000 is a state jail felony. This classification also applies to situations where property is stolen directly from a person, a human corpse, or a grave. The theft of firearms, official ballots, or election carrier envelopes also qualifies as a state jail felony. Theft involving less than $20,000 worth of certain metals (aluminum, bronze, copper, brass) or catalytic converters, which might be valued at less than $30,000, is also classified under this level. Finally, a defendant with two or more prior theft convictions can also face state jail felony charges for theft of property that would typically be valued under $2,500.
  • Third-Degree Felony: Third-degree felony theft involves property valued between $30,000 and $150,000. This category is also applicable to theft involving ten or more head of sheep, swine, or goats in a single transaction. It also applies to controlled substances with a value under $150,000 stolen from certain facilities.
  • Second-Degree Felony: Second-degree felony theft charges apply when the stolen property is valued between $150,000 and $300,000. This category also includes cases involving the theft of automated teller machines (ATMs) or their contents, regardless of the amount involved.
  • First-Degree Felony: This is the most serious level of theft, applicable when the stolen property’s value exceeds $300,000. 

Each classification reflects the severity of the offense based on the value of the property and the circumstances surrounding the theft. Factors such as using a shielding device, having a criminal history, or targeting vulnerable individuals can enhance the severity of the charges.

Penalties for Shoplifting in Texas

In Texas, the penalties for shoplifting vary depending on the severity of the crime, as determined by the value of the stolen property and the alleged offender’s criminal history. Let’s break down the potential consequences for different levels of shoplifting offenses:

  • Class C misdemeanors are punishable by fines of up to $500. 
  • Class B misdemeanors are punishable by up to $2,000 in fines and 180 days in jail.
  • Class A misdemeanors are punishable by up to $4,000 in fines and one year in jail.
  • State jail felonies are punishable by $10,000 in fines and 180 days to two years in jail.
  • Third-degree felonies are punishable by $10,000 in fines and two to 10 years in jail.
  • Second-degree felonies are punishable by $10,000 in fines and two to 20 years in jail.
  • First-degree felonies are punishable by $10,000 in fines and five to 99 years in jail.

If you have previously been convicted of any theft-related crime, even minor subsequent offenses are subject to more severe penalties. For instance, if you have a prior theft conviction, a new theft charge involving stolen property worth less than $100 (normally a Class C misdemeanor) escalates to a Class B misdemeanor. This increase in classification means you could face up to 180 days in jail and a fine of up to $2,000 instead of just a $500 fine without jail time. Moreover, if you have two or more prior theft convictions, and you commit theft involving stolen property worth less than $2,500, the charge upgrades to a state jail felony. This classification imposes even harsher consequences, including a potential state jail term of 180 days to two years and a fine of up to $10,000.

What Are Your Rights If You Are Accused of Shoplifting?

If a store employee suspects you of shoplifting, they have the right to detain you for a reasonable amount of time to investigate further. This is known as a “shopkeeper’s privilege.” However, the store must reasonably believe you committed theft, meaning there should be clear reasons based on observable facts, such as an employee seeing you hide merchandise. During this detention, the store employees can ask you questions about the incident, but you have the right to remain silent. You are not legally required to answer these questions. Anything you say could be used against you later in court.

It’s also important to note that while store employees can detain you, they do not have the right to use excessive force or behave in a way that might harm you. They must conduct the detention in a reasonable manner, focusing solely on preventing theft and resolving the situation. Additionally, the duration of the detention should only be long enough for the store to confirm their suspicions or to wait for law enforcement to arrive.

If the store summons law enforcement, the officers will take over from the store employees once they arrive. At this point, your rights are similar to those of anyone else accused of a criminal offense. You have the right to remain silent, which means you do not have to answer any questions the police ask you about the incident or anything else. It’s wise to explicitly but politely exercise this right by informing the officers that you intend to remain silent until you can speak with an attorney.

You also have the right to refuse consent to a search of your personal belongings unless the police have a warrant or there are specific, urgent circumstances that justify a warrantless search. If you decide to refuse a search, you should state your refusal clearly but respectfully.

If the police decide to arrest you, you have the right to a lawyer. If you cannot afford one, the court must provide one for you. Obtaining legal representation as soon as possible is critical because a lawyer can protect your rights, guide you through the legal process, and challenge any evidence that might have been improperly obtained.

Remember, understanding and asserting your rights can significantly affect the outcome of your case if you are accused of shoplifting. Remaining calm, composed, and cooperative without forfeiting your rights is essential for protecting your interests during such encounters.

Legal Options and Defenses

A skilled defense attorney can evaluate the details of your case and develop a strategy aimed at reducing the severity of the charges or even obtaining a dismissal. Here are several common legal defenses used in shoplifting cases:

  • Lack of Intent: One key element in shoplifting cases is the intent to steal. A defense attorney might argue that you did not intend to steal the item in question. For example, it could have been an honest mistake where you forgot to pay for an accidentally concealed item, like a small object left in a shopping cart.
  • Mistaken Identity: In some cases, the defense could claim mistaken identity. This could happen if you were wrongly identified as the person who committed the theft. This could be due to errors in surveillance video interpretation or incorrect witness testimony. To assert this defense, your lawyer would argue that you were not present at the scene or did not commit the act you were accused of.
  • Right of Ownership: A defense lawyer might assert that you believed in good faith that you had a right to the property. This would involve demonstrating that you had reasonable grounds to believe you owned the item or had permission to take it, thus negating any intent to steal.
  • Improper Stop or Detention: This defense challenges the legality of the methods store employees or security personnel used during the detention. For example, this defense could apply if the detention was too long or the store lacked reasonable suspicion and they were acting on behalf of law enforcement (the Fourth Amendment typically does not apply to private citizens). If your attorney can show that the detention was not conducted according to legal standards, the court could suppress any evidence obtained as a result of the detention.

The Importance of Legal Representation in Shoplifting Cases

Facing shoplifting charges is a daunting experience, but having legal representation can make all the difference. A defense lawyer can help by evaluating all the evidence against you, which might include surveillance footage, witness statements, and police reports. They’ll work to identify any inconsistencies or errors that could be leveraged in your favor. This critical analysis is essential for building a strong defense strategy.

Your attorney will also understand the nuances of Texas law and can use this knowledge to defend you effectively. They know the legal thresholds that the prosecution must meet and can challenge the evidence based on these standards. For example, they could argue that you had no intent to steal, which is a key element required to prove shoplifting.

Moreover, a defense lawyer can negotiate with prosecutors on your behalf. In some instances, they might be able to reduce the charges or negotiate alternative penalties like community service or restitution in place of harsher legal consequences. 

In the event of a conviction, a lawyer can assist in the process of appealing the decision or working toward getting your records expunged. A successful appeal or expungement could minimize the long-term impact of a shoplifting charge on your life.

Contact Ceja Law Firm Today

If you’re dealing with shoplifting charges in Houston, don’t wait to seek legal help. Contact Ceja Law Firm today to arrange your initial consultation. Our experienced attorneys are here to review your case, provide clear advice, and fight for your future. Take the first step toward tackling your legal challenges today. Call us now to see how we can assist you.

If You Have Been Arrested For Shoplifting, Contact Ceja Law Firm To Help You Today
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