In Houston, most of the shoplifting cases we’ve represented our clients on have lacked the evidence needed to make the charge stand up in court.
Whether you were accused of retail theft, switching price tags, or buying stolen property, a criminal charge for any form of theft has the potential to affect you for life.
An arrest for shoplifting has the potential to be life-altering, but Attorney Emily Detoto can help. As an experienced criminal-defense lawyer, we have numerous legal options available to fight the charge and to mitigate the damages of such.
Call us at 713-227-2244 to schedule a meeting with Attorney Emily Detoto if you’re ready to stand up to the State of Texas.
Shoplifting & Texas Law
An overview of The State of Texas & Theft Cases
In Texas, there is no specific charge for shoplifting but there is a general code offering criminal classification guidelines for most theft offenses, excluding burglary and robbery which have their own guidelines. The spirit of the Texas theft code is based on the value of the subject of the attempted theft.
In other words, the higher the value of the property stolen, the more severe the criminal classification of the theft charge. To illustrate, we’ve added a sentencing guidelines table below.
| Value of Theft |
Criminal Classification |
Penalty |
|---|---|---|
| Under $50 |
Class C Misdemeanor |
Up to 500.00 Fine |
| $50 - $500 |
Class B Misdemeanor |
Up to 180D County Jail - 2,000.00 Fine |
| $500 - $1,500 |
Class A Misdemeanor |
Up to 1YR County Jail - 4,000.00 Fine |
| $1,500 - $20,000 |
State Jail Felony |
180D-2YR State Jail - 10,000.00 Fine |
| $20K - $100K |
3rd Degree Felony |
2-10YR TDCJ - 10,000.00 Fine |
| $100K - $200K |
2nd Degree Felony |
2-20YR TDCJ - 10,000.00 Fine |
| Over $200K |
1st Degree Felony |
5-99YR TDCJ - 10,000.00 Fine |
As you can see, the criminal classification of the charge, and the severity of the criminal penalty associated with it, is dictated by the value extracted from the victim.
Some defenses could include identifying a lack of evidence if you’re innocent, or a reduction in the perceived value of the item or property stolen if you’re admittedly guilty as charged. Even if you know you’re guilty there’s no guarantee that the prosecution will be able to convict.
Defending You Against Shoplifting Charges
Houston shoplifting cases aren’t hard to fight. In fact, they are some of the easiest charges to beat. Evidence is almost always non-existent, and with the high turnover rate of department store employees and security guards, witnesses to shoplifting rarely appear in court. If the evidence is stacked against you, we might be able to argue down the value of theft, which could result in a non-jailable charge.
We at the Law Office of Emily Detoto recommend that you fight, hand, tooth, and nail, any criminal charge involving theft to keep it off of your criminal background. Even if you were arrested for walking out of a store with a candy bar, you need to fight that charge and NOT PLEA.
A Proven Shoplifting Defense Lawyer
Attorney Emily Detoto, Board Certified® in Criminal-Law
When you’re facing criminal charges for shoplifting you’ll need assurances that your attorney is competent with a record of winning. Attorney Emily Detoto is a Board Certified® criminal-law attorney per the Texas Board of Legal Specialization.
What does this mean to you?
It means that you’ll be represented by one of the best attorneys in the field, that’s been vetted by a predetermined number of judges and peer attorneys, that needed to be recommended and tested for the certification.
Don’t hesitate to contact The Law Office of Emily Detoto about your case. Our phone number is 713-227-2244 and we’re located right downtown near the courthouse.
Houston Shoplifting Lawyer
The Law Office of Emily Detoto