By Jeff Kennedy
How to Fight a Shoplifting Charge in Texas
All theft convictions should be avoided at all costs. That includes those that are often thought of as minor, such as shoplifting.
Employers absolutely hate to see a theft charge on an applicant’s criminal record. That person could present a risk for the company. Employers often won’t even take the risk. They’ll simply move on to the next person.
Yes. Even a “minor” theft charge can have a major impact on your life. That’s why you need to learn how to fight a shoplifting charge in Texas.
Penalties Are Based on the Value of the Item Taken
Texas theft laws are distinct in that they don’t separate theft into different classifications. The seriousness of the charges is based on the value of the item(s) taken—not so much the circumstances around the offense. This is not necessarily a good thing.
Many states treat shoplifting as a lesser offense than stealing from an individual, embezzlement, etc. The crime that goes on your record in Texas won’t be “shoplifting.” It will be “theft.” Below is a table of the maximum legal punishments you’ll face if convicted of a minor theft charge in Texas:
| Theft Offense Based on Item Value | Max Penalties |
| Theft of item valued at less than $20
Class C misdemeanor |
$500 fine |
| Theft of item valued between $20 and $500
Class B misdemeanor |
Up to 180 days in jail and a $2,000 fine |
| Theft of item valued between $500 and $1,500
Class A misdemeanor |
Up to one year in jail and a $4,000 fine |
| Theft of item valued between $1,500 and $20,000
State jail felony |
Between 180 days and two years in state jail and a $10,000 fine |
Tips to Help You Avoid a Shoplifting Conviction in Texas
Some tips that can help you keep a theft conviction off your record:
- Don’t talk to the police without a lawyer present.
- Hire a lawyer who can help you fight a shoplifting charge using one of the following defenses:
- Mistake of fact
- The property in question was yours
- Intoxication defense
- Mistaken identity
- Entrapment
- Miscalculation of the value of the item taken
- Illegal search and seizure
- Lack of intent
Speak with a Fort Worth Criminal Defense Lawyer
Having an idea of how to fight a shoplifting charge in Texas can give you a great start. Your next step is to call a criminal defense lawyer to continue your fight. Don’t risk a conviction ruining your life. Once a theft conviction places a mark on your criminal record, it’s next to impossible to get it removed.
Contact a defense attorney from the Law Offices of Jeff C. Kennedy. We will fight your charge by forming a strong defense for your unique case. Call our office at 817-605-1010 or complete the form below.