Facing a shoplifting charge in Houston can be a major setback. Not only do you deal with the immediate consequences, but a criminal record can haunt you for years to come. It can make it difficult to find a job, secure housing, or even volunteer in your community.
Shoplifting is defined as deliberately taking items from a store with the intention of not paying for the item. This includes taking an article of clothing and leaving the store, or switching price tags with a lower priced item. Paying for the lower priced item at checkout is still considered shoplifting.
Punishment generally depends on the value of a stolen item. Avoid a permanent, public criminal record by working with the a shoplifting attorney in Houston. Lisa Shapiro Strauss can look at your case to determine if your record can be cleared and help you avoid a long-term impact on your life.
Penalties for Shoplifting in Texas
In the most basic form, a shoplifting charge in Houston is a misdemeanor theft charge. This is based on the value of the stolen item. The three levels of misdemeanor charges are:
- Class A: Theft of items valued at less than $2,500, more than $750.
- Class B: Theft of items valued at less than $750, more than $100.
- Class C: Theft of items valued at less than $100.
Shoplifting cases where the value exceeds $2,500 but is less than $30,000 is a state jail felony.
Enhanced Punishment
Shoplifting charges can be enhanced under certain conditions:
- Previous Conviction. If you have been convicted of shoplifting in the past, your will increase one level.
- Firearm or Metal Theft. Stealing a gun or a metal like copper or aluminum immediately raises the charge to a felony.
- Thwarting Alarms. Using tools to defeat a theft deterrent device or security alarm will increase the severity of the charge.
Options for Clearing Your Record of a Shoplifting Charge in Houston
As part of public record, future employers can see your shoplifting charge, hold it against you, and avoid offering employment. A public shoplifting charge on record could prevent opportunities for current job advancement or leadership positions in the community.
There are two ways to clear your record of a shoplifting charge in Houston: deferred adjudication and pretrial diversion. Our shoplifting attorneys can help you decide on the best option in for your case.
Deferred Adjudication requires that you plead guilty to the shoplifting charge and in return, you are placed on probation for six months to a year. The probationary period often requires drug and alcohol testing or evaluation and required community service. If completed in full, the deferred adjudication charge results in no conviction with the opportunity to file a petition for non-disclosure. This keeps your record sealed to everyone except the government and law enforcement.
Pretrial Diversion is how your shoplifting case can be completely dismissed, granting you a record with no history of the charge. This omission comes with a price. Pretrial diversion must first be applied for and granted by the DA. If accepted, you enter into a one-year contract that demands many more community service hours and a zero tolerance policy for breaking the law.
If you complete the pretrial diversion program, your case will be dismissed. The final step to a clean and clear record involves filing a motion to expunge. This can be done two years after the end of your pretrial diversion. A three-year process to a fully clear record with no history of the charge.
Frequently Asked Questions About Shoplifting Charges in Houston
What should I do if I am accused of shoplifting?
Being accused of shoplifting can be a stressful situation. Here are some tips on what to do:
It’s important to stay calm. Don’t get into an argument with store security or resist. While you want to clear your name, creating a scene can make things worse.
Do not admit guilt. You have the right to remain silent. It’s best to avoid saying anything that could be used against you later.
Request to speak to a lawyer as soon as possible. An attorney can advise you on your rights and the best course of action in your specific situation.
What are some defenses against a shoplifting charge?
There are several potential defenses against a shoplifting charge, depending on the specific facts of your case. Here are a few examples:
Lack of intent: You may have accidentally forget to pay for an item at checkout.
Mistake of fact: You might have believed the item was abandoned or free to take.
Shopkeeper’s mistake: The store may have wrongly accused you of shoplifting due to mistaken identity or an error in their security system.
An attorney can help you determine if any of these defenses apply to your situation and build a strong case on your behalf.
Can I be charged with shoplifting if I never left the store?
Yes, you can be charged with shoplifting even if you haven’t left the store. Shoplifting laws focus on the intent to steal, not just leaving the premises. In Texas, simply concealing merchandise in a way that suggests you don’t intend to pay (like putting it in your pocket) or tampering with security tags can be enough for a shoplifting charge.
If you’re unsure about whether your actions constitute shoplifting, it’s always best to err on the side of caution and pay for the item before leaving the store.
Get Help Fighting Shoplifting Charges in Houston
If you’re facing criminal charges for shoplifting, it’s important to discuss the specifics of your case with an experienced attorney. Lisa Shapiro Strauss is a shoplifting attorney in Houston with more than 20 years of experience. As a former prosecutor, she understands how to examine a case from both sides and offer advice on how to achieve the best possible outcome. Call (713) 449-9922 today to schedule a consultation and discuss your legal options.
