If you've been charged with theft or shoplifting in Houston, Texas, you may be feeling overwhelmed, embarrassed, or even scared about what happens next. Whether you’re accused of walking out of a store without paying or using the self-checkout to intentionally skip scanning items, Texas law takes theft charges seriously, and so should you.
As a criminal defense attorney based in Houston, I’m here to break down what you need to know about shoplifting charges in Harris County—including potential penalties, how your record could be affected, possible defenses, and how the right legal strategy might even help you get the case dismissed or sealed.
What Is Shoplifting in Texas?
Under Texas Penal Code § 31.03, theft is defined as unlawfully appropriating property with the intent to deprive the owner of that property. Shoplifting is just one form of theft, but it is by far one of the most common.
Shoplifting can take many forms, including:
- Walking out of a store with merchandise you didn’t pay for
- Concealing items in a bag or under clothing
- Intentionally not scanning items at the self-checkout kiosk
- Switching price tags to pay less than the actual value
- Returning stolen items for store credit or cash
No matter how it’s done, shoplifting is a criminal offense, and being charged—even for something small—can have long-term consequences.
Is Walking Out of the Store Always Considered Theft?
Walking out of a store without paying for merchandise may appear to be theft, but legally, the intent to steal is key.
For example, someone may accidentally walk out with an item under a shopping cart or in their child’s stroller. That’s different from someone deliberately stuffing items into a purse or bypassing the cash register altogether. However, loss prevention officers or store managers may still report any suspicious activity, and police may arrest someone on the spot.
Self-Checkout Shoplifting: A Growing Trend
With the rise of self-checkout lanes at stores like Walmart, Target, and H-E-B, a growing number of theft cases involve customers intentionally failing to scan some items.
Some common self-checkout theft tactics include:
- Scanning cheaper items while bagging more expensive ones
- Scanning only part of the cart and skipping others
- Using barcodes from lower-priced items
- Covering barcodes or scanning the same item multiple times
Even if someone claims it was an accident, stores often use surveillance and inventory systems to detect patterns. Once caught, even first-time offenders can face criminal charges.
Penalties for Shoplifting and Theft in Texas
The punishment for theft in Texas depends on the value of the property stolen. Here’s a general breakdown:
| Value of Property Stolen | Offense Level | Possible Punishment |
|---|---|---|
| Less than $100 | Class C Misdemeanor | Fine up to $500 |
| $100 – $749 | Class B Misdemeanor | Up to 180 days in jail + $2,000 fine |
| $750 – $2,499 | Class A Misdemeanor | Up to 1 year in jail + $4,000 fine |
| $2,500 – $29,999 | State Jail Felony | 180 days – 2 years in state jail |
| $30,000 – $149,999 | 3rd Degree Felony | 2 – 10 years in prison |
| $150,000 – $299,999 | 2nd Degree Felony | 2 – 20 years in prison |
| $300,000 or more | 1st Degree Felony | 5 – 99 years in prison |
Even a Class B misdemeanor—such as stealing a few items under $750—can land you in jail and saddle you with a criminal record that follows you for life.
How a Theft Charge Can Ruin Your Record
Of all the crimes that can appear on your criminal background check, theft is one of the worst—and here's why:
- It’s seen as a "crime of moral turpitude" (i.e., dishonesty)
- Employers may see you as untrustworthy
- You could lose professional licenses or certifications
- You may be denied housing, loans, or immigration benefits
- Colleges and universities may reject you
Even if the charge is a misdemeanor and you don’t go to jail, a theft conviction makes people think you’re a liar or a thief, and that can be very difficult to overcome when trying to move forward with your life.
Can Theft Charges Be Dismissed or Reduced in Harris County?
Yes—under certain circumstances, first-time offenders may qualify for special programs or pretrial diversion that can lead to a dismissal.
Some options include:
1. Pretrial Diversion Programs
If you have no prior criminal history and you take responsibility early, the Harris County District Attorney’s Office may offer you a pretrial intervention program. These often require:
- Community service
- Anti-theft classes
- Regular check-ins
- Staying out of trouble for a set period
If completed successfully, your case can be dismissed, and you may be eligible for expunction (full erasure of your record).
2. Deferred Adjudication
Instead of a conviction, a judge may place you on probation, and if you complete all terms, you won’t have a conviction on your record. While not eligible for expunction, this may qualify for nondisclosure (record sealing).
3. Reduction to Class C Misdemeanor
In some counties, especially involving low-value items, a defense attorney may negotiate with the prosecutor to reduce your charges to a Class C citation and avoid jail altogether.
How Theft Charges Can Be Enhanced
Texas law allows theft charges to be enhanced (i.e., increased in severity) if:
- You have prior theft convictions
- You were part of a theft ring or used tools to defeat security systems
- You stole during a disaster or state of emergency (a felony enhancement)
- You are accused of stealing from an elderly person or nonprofit organization
For example:
- A second theft conviction that would normally be a Class B misdemeanor may be enhanced to a Class A.
- A third theft charge—regardless of value—can be filed as a felony.
That means even if you’re caught taking a $50 item, it could be a felony if you’ve been in trouble before.
Possible Defenses to Shoplifting and Theft Charges
Just because you've been arrested doesn’t mean you’re guilty. An experienced Houston theft attorney will look at every angle to help build your defense. Common defenses include:
1. Lack of Intent
Maybe you accidentally forgot to scan an item at the self-checkout or were distracted. If there’s no intent to steal, you may not be criminally liable.
2. Mistaken Identity
In busy stores, mistaken identity is common. Video surveillance may be unclear, or loss prevention officers may target the wrong person.
3. Illegal Search or Detention
Were you detained without cause? Were your rights violated? If your arrest or search was illegal, evidence may be thrown out.
4. Faulty Equipment or System Error
Some theft accusations arise from scanner malfunctions or technical glitches—especially at self-checkouts. If the store’s own systems were flawed, that could be used in your defense.
Why You Need an Experienced Theft Lawyer in Houston, TX
If you’ve been charged with shoplifting in Houston or anywhere in Harris County, you need to act fast.
As a criminal defense attorney with years of experience, I know how the system works here. I’ve helped hundreds of clients avoid jail time, reduce their charges, and, in many cases, get their cases dismissed completely.
Here's how I can help you:
- Evaluate your case and determine the best strategy
- Negotiate with prosecutors to reduce or dismiss charges
- Help you apply for pretrial diversion or deferred adjudication
- Defend you in court if necessary
- Work to protect your future from a damaging criminal record
What to Do If You’ve Been Charged with Shoplifting in Harris County
- Do not speak to store security or police without a lawyer present.
- Document everything you remember about the incident.
- Save your receipts or transaction records if applicable.
- Call an experienced theft attorney immediately.
Take Control of Your Future Today
Theft charges don’t just disappear. If you ignore them or plead guilty without fully understanding the consequences, you could be hurting your career, your reputation, and your freedom for years to come.
Let me help you fix this.
I’m Eric Benavides, a criminal defense attorney based in Houston, Texas, and I fight for people just like you—people who made a mistake or were falsely accused, and now just want to move on with their lives.
If you or someone you care about is facing a theft or shoplifting charge in Houston or Harris County, contact me today for a free consultation.
Call Now for a Free Consultation
📍 Eric Benavides – Criminal Defense Attorney
📞 (713) 222-2828
🌐 www.ericbenavides.com
📍 Serving Houston, Harris County, and the Greater Houston Area