What Are the Penalties for Shoplifting/Retail Theft in Texas?

 Posted on July 26,2022 in Criminal Defense

There are multiple different types of offenses that may be considered theft, and they generally involve the misappropriation of someone else’s property with the intent to deprive that person of ownership of money or physical items. Retail theft, which is commonly known as shoplifting, is one of the most common offenses that fall under this category. Those who have been accused of retail theft will need to understand the exact nature of the charges and the potential penalties they may face if they are convicted.

Misdemeanor or Felony Retail Theft

The Texas Penal Code generally does not distinguish retail theft from other forms of theft, and the charges a person may face will depend on the value of the items that were allegedly stolen. These charges may include:

• Class C misdemeanor - This charge will apply if the value of property stolen is less than $100. A conviction will result in a fine of up to $500.

• Class B misdemeanor - This charge applies if the items stolen were worth between $100 and $750 or if a person had previously been convicted of theft. A conviction may result in a sentence of up to 180 days in jail and a maximum fine of $2,000.

• Class A misdemeanor - This charge will apply in cases where the property was valued between $750 and $2,500. A person who is convicted may be sentenced to up to one year in jail and fined up to $4,000.

• State jail felony - This charge applies if the stolen property was valued between $2,500 and $30,000, if a person allegedly stole a firearm, or if a defendant had two previous theft convictions. A state jail conviction may result in a sentence of 180 days to two years in a state prison and a fine of up to $10,000.

• Third-degree felony - This charge applies if a person allegedly stole between $30,000 and $150,000 worth of property or if the theft involved controlled substances taken from a pharmacy. A person who is convicted of this offense may face a prison sentence of two to 10 years.

• Second-degree felony - This charge will apply if property alleged stolen was valued between $150,000 and $300,000 or if a person allegedly stole an automated teller machine or ATM contents or components. A conviction may result in a prison sentence of two to 20 years.

• First-degree felony - This charge will apply if money or property stolen was valued at $300,000 or more. A person who is convicted may be sentenced to between five and 99 years in jail.

Even if a person does not directly commit retail theft, they may face charges of organized retail theft if they receive, store, or resell property that was known to be stolen from a retail establishment. The penalties for this offense are the same as for retail theft. If retail theft involved the use of devices meant to shield or remove theft detection devices, or if a person caused a fire exit alarm to sound or disabled an emergency exit alarm while committing retail theft, the charges may be elevated. 

Contact Our Tarrant County Retail Theft Defense Lawyer

If you or a member of your family have been accused of retail theft, you will need to determine the steps you can take to defend against these charges. The Dameron Law Firm provides representation to clients facing charges related to theft or other offenses, and we help them build successful defense strategies that will allow them to resolve their cases effectively. Contact our Fort Worth shoplifting defense attorney at 817-222-0624 to schedule your free consultation.

Sources:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.31.htm

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm