A shoplifting charge in Houston is the alleged criminal act of intentionally taking merchandise from a store without paying for it. This offense is a form of theft and can range from a misdemeanor to a felony, depending on the value of the stolen property.

Shoplifting charges can lead to serious penalties upon conviction, including fines, jail time, and a permanent criminal record. The severity of the consequences largely depends on the value of the items stolen and the accused’s criminal history.

If you are currently facing a charge of shoplifting in Houston, experienced criminal defense lawyer Eric Benavides at Benavides Law Group can review the circumstances of your arrest with you, go over your legal options, and pursue the best possible result in your case.

For a free case evaluation with an experienced Houston shoplifting attorney, please call (713) 222-2828 or contact us online today.

Why Should Our  Houston Shoplifting Lawyers Represent You?

Attorney, Eric Benavides

If you are currently facing a shoplifting charge, you want an experienced Houston criminal defense attorney at every stage of the proceedings.

Criminal defense lawyer Eric Benavides at Benavides Law Group has a strong track record of securing dismissals, acquittals, and favorable plea deals for individuals accused of shoplifting and other crimes. He will tirelessly protect your interests and pursue the best possible case result for you.

You can view the firm’s most recent case results and client testimonials on this site. Benavides Law Group is conveniently located at 2180 North Loop West, Suite 310, Houston, TX 77018.

Potential Penalties and Collateral Consequences for a Houston Shoplifting Conviction

A shoplifting conviction in Houston can lead to significant legal penalties and collateral consequences that may affect various aspects of your life. The severity of these consequences depends on factors such as the value of the stolen items, your criminal history, and whether the offense is considered a misdemeanor or felony.

If a court convicts you of shoplifting or another theft crime, you may face fines, jail time, or both, along with lasting repercussions far beyond the courtroom.

For a first offense involving property worth less than $100, you may be charged with a Class C misdemeanor, which typically carries a fine of up to $500. However, if the value of the stolen goods is higher, the charge may escalate to a Class B or Class A misdemeanor, which can involve larger fines and possible jail time.

A Class B misdemeanor conviction may result in up to 180 days in jail, while a Class A misdemeanor conviction can lead to a maximum of one year in jail. If the value of the items exceeds $2,500 or you have prior convictions, you can be charged with a felony, which carries even harsher penalties, including extended prison time.

Beyond the immediate criminal penalties, shoplifting convictions may also lead to long-term collateral consequences. A criminal record can make it harder to secure employment, as many employers conduct background checks and may be hesitant to hire someone with a theft conviction.

Convictions can also affect your ability to obtain certain professional licenses, making it more difficult to pursue a career in fields such as law, healthcare, or finance.

Additionally, landlords may not rent to someone with a criminal history.

In addition to these practical consequences, a shoplifting conviction may cause personal embarrassment or damage your reputation.

If you are convicted of shoplifting, you may also have to pay restitution to the store, covering the value of the stolen items and any associated costs. In some cases, you may need to attend counseling or participate in community service as part of your sentence.

Legal Elements of a Houston Shoplifting Charge

In Houston, a prosecutor must prove several key legal elements to secure a conviction for shoplifting. The prosecution has the responsibility to establish, beyond a reasonable doubt, that the accused intentionally committed the crime of shoplifting, which involves the unlawful taking of property with the intent to permanently deprive the owner of it.

The prosecutor must prove the first element: that the defendant took possession of property from a store or business without paying for it. This can include physically removing an item from a shelf or placing it in a bag or pocket with the intent to leave the store without paying.

Simply touching or handling the items may not be enough; the defendant must have taken steps to conceal or carry the merchandise out of the store.

Next, the prosecutor must show that the defendant acted with criminal intent. In other words, the defendant must have knowingly and intentionally attempted to steal the property.

If the defendant took an item by accident or without realizing it, they should not be convicted of shoplifting. The prosecutor’s job is to prove that the defendant’s actions were deliberate and not the result of a mistake or misunderstanding.

Another critical element is the value of the stolen property. In Texas, shoplifting can be classified as either a misdemeanor or a felony, depending on the value of the goods taken. If the value of the stolen property is less than $100, the offense is generally a Class C misdemeanor.

A Class B misdemeanor will apply to allegedly stolen property valued between $100 and $750. If the value exceeds $750, the charge can be a Class A misdemeanor (or even a felony, depending on the amount involved). The prosecutor must provide evidence of the value of the items taken, often through store records, receipts, or testimony from witnesses.

Lastly, the prosecutor must prove that the defendant did not have the store’s consent to take the property. If the defendant had permission to take the items, even due to a misunderstanding, the court may not convict them of shoplifting.

Successfully Defending Against a Shoplifting Charge in Houston

When facing a shoplifting charge in Houston, your attorney might raise several legal defenses to challenge the accusations and potentially avoid a conviction.

  • One common defense is that the defendant did not intend to steal. Shoplifting charges require the prosecution to prove that the defendant intentionally took the property to permanently deprive the store of it. If you mistakenly took an item, forgot to pay for it, or intended to pay but forgot, this can undermine the prosecution’s case. The key is showing that your actions were accidental or due to an honest error, not deliberate theft.
  • Another possible defense is that you did not take the property. Individuals may sometimes be accused of shoplifting simply because they were near a stolen item or appeared suspicious. However, proximity to the stolen goods or being caught in the act does not automatically mean guilt. If there is insufficient evidence to prove you took the item, the charge may be dismissed. For instance, if a store employee or security camera cannot clearly identify you as the person who stole the goods, this may create reasonable doubt in the case against you.
  • A third potential defense involves challenging the evidence that the prosecutor presents. Unreliable store surveillance footage, witness testimony, or physical evidence may weaken the prosecution’s argument. For example, blurry or incomplete video footage may not prove that you committed shoplifting. Similarly, witnesses who cannot positively identify you or offer inconsistent testimony can undermine the case against you.
  • Another defense involves arguing that you had the store’s permission to take the items. If you show that you had consent from the store owner or an authorized employee to take the property, the court should not convict you of shoplifting. This may occur due to a misunderstanding.
  • Finally, some defendants may raise the defense of duress, meaning they were forced or coerced into committing the crime. If someone threatened you with harm to force you to steal the items, this defense may apply. In this case, you need credible evidence of a threat at the time of the alleged theft.

Negotiating a Favorable Plea Deal Versus Taking a Houston Shoplifting Case to Trial

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In a Houston shoplifting case, you have two main options: negotiating a favorable plea deal or taking your case to trial. Both options come with advantages and challenges, and at Benavides Law Group, we will work closely with you to determine the best course of action based on your situation.

Our goal is always to secure the most favorable outcome possible, whether negotiating a reduced sentence or defending you in front of a judge and jury.

If you choose to pursue a plea deal, we will begin by thoroughly reviewing the evidence against you. In many shoplifting cases, prosecutors may offer plea bargains in exchange for a guilty plea, which helps them avoid the time and expense of a trial.

We will carefully evaluate any plea offers and advise whether they are in your best interest. A plea deal can often result in reduced charges or a more lenient sentence, such as probation instead of jail time.

For instance, if you are facing a misdemeanor shoplifting charge, we may negotiate a deal that reduces the charge or even secures the dismissal of certain counts. Our experience negotiating plea deals means we can leverage your circumstances, such as a clean criminal record or the possibility that you took the items by mistake, to secure the best terms for you.

However, if a plea deal is not in your best interest, or you believe the charges against you are unjust, we will not hesitate to take your case to trial. When we go to trial, we will aggressively challenge the prosecution’s evidence and work to create doubt in the jury’s minds.

We may challenge the credibility of witnesses, question the accuracy of security footage, or argue that there was no intent to steal. If the prosecution’s case is weak, going to trial may lead to an acquittal or a reduction in charges.

Regardless of your choice, we will handle all aspects of the legal process, from negotiating with prosecutors to preparing for trial. Our goal is to provide you with the strongest defense possible and protect your rights throughout the entire legal process.

Steps to Take if You’re Currently Facing a Shoplifting Charge in Houston

If you face a shoplifting charge in Houston, taking immediate and strategic steps to protect your rights and minimize the consequences is crucial. The actions you take early in the process can significantly affect the outcome of your case.

The first step is to contact a skilled criminal defense attorney in Houston as soon as possible. Shoplifting charges can lead to serious consequences, including fines, jail time, and a criminal record, so it’s essential to have professional legal representation.

Attorney Eric Benavides at Benavides Law Group can assess your case, explain your rights, and guide you through the legal process. He can also negotiate with prosecutors, potentially secure a plea deal, or, if necessary, prepare your case for trial.

Next, do not speak to law enforcement or store employees about the incident. Anything you say can be used against you in court. Even if you believe the incident was a misunderstanding, avoid making any statements]. Law enforcement may ask you questions that unintentionally hurt your case, so exercise your right to remain silent.

Another important step is to gather evidence that may support your defense. This can include surveillance footage, witness statements, or receipts that show you did not intend to steal or that the accusation is incorrect.

If authorities or witnesses mistakenly accuse you, you need evidence to support your side of the story. At Benavides Law Group, we can determine what evidence can help you and will properly collect it.

You should also avoid any further legal trouble. Any new criminal charges or probation violations can significantly affect the outcome of your shoplifting case.

By following these steps, you can take the right approach to your shoplifting charge in Houston.

Talk With an Experienced Houston Shoplifting Attorney Today

Eric Benavides, Houston Criminal Defense Lawyer

Houston Shoplifting Attorney, Eric Benavides

If you are currently facing a shoplifting charge in Houston, experienced criminal defense lawyer Eric Benavides at Benavides Law Group will work hard to protect your legal rights and pursue the best possible result available in your case.

To consult a knowledgeable criminal lawyer in Houston, please call (713) 222-2828 or contact us online immediately.

Our Houston Office Location

2180 North Loop,
West Suite 310
Houston, TX 77018

Get a Free Consultation

Every shoplifting is different, so for specific questions, please feel free to contact me directly at 713-222-2828. You can also contact me about your shoplifting case by filling in the following information. The first consultation is always free.