Houston Shoplifting Lawyer

Houston Shoplifting Attorney

At Greco Neyland, PC, it is our job to help you address and overcome these long-term consequences of shoplifting. We provide a straightforward and strategic defense to shoplifting charges that provides protection so prosecutors in Houston treat you fairly and respect your rights. It is this approach to shoplifting and other theft charges that has made Greco Neyland, PC, one of the top Houston shoplifting lawyer.

Accusations of shoplifting in a store or shop are embarrassing and confusing. Often suspicion of shoplifting results in removal from the store or leads to an altercation with store employees and security. However, there is a long-lasting impact on accusations of shoplifting in Houston – shoplifting can lead to serious criminal charges.

Best Houston Shoplifting Law Firm

Most often, we think of shoplifting as concealing merchandise in a store to avoid paying for the goods. For example, you are in a department store and decide to put a shirt or hat in your bag and leave without paying. However, there are a number of actions that amount to shoplifting in Houston, including:

• Returning merchandise that you never purchased to receive cash;
• Swapping the price tags on a costly item for an inexpensive one;
• Wearing goods to pass them off as your own property; and
• As a sales clerk, under-ringing or failing to ring-up a piece of merchandise.

A shoplifting lawyer in Houston will handle all types and circumstances of shoplifting. However, your defense shouldn’t be one-size-fits-all. A Houston criminal lawyer at Greco Neyland, PC, TX understands the need for personalized assessment of your shoplifting case and detailed analysis of the evidence. We then craft a better defense to shoplifting on the individual facts.

What Do the Texas Laws Say About Shoplifting in Houston?

In Houston, acts of shoplifting are a type of theft. If you are accused of shoplifting from a grocery store, boutique, or even an online business, you are charged with the more general crime of theft under Texas law. The severity of these theft charges is based upon the total value of the property you are accused of shoplifting.

The Texas law applicable to Houston and Harris County breaks down theft offenses by the fair market value of the property stolen. As the value increases, so does the possible criminal punishment. However, even if you are charged with a minor shoplifting offense, you should hire legal counsel for your defense.

A Houston criminal lawyer can help lessen the potential punishment or decrease the severity of charges to keep your criminal record clear of these offenses.

The following list provides examples of the potential penalties associated with theft crimes, in order according to their severity:

• Class C misdemeanor: theft of property valued at $100 or less, which is punishable by a maximum fine of $500
• Class B misdemeanor: theft of property valued between $100 and $750, which is punishable by up to 180 days in jail and a fine of $2,000
• Class A misdemeanor: theft of property valued between $750 and $2,500, which is punishable by up to one year in jail and a fine of $4,000
• State jail felony: theft of property valued between $2,500 and $30,000, which is punishable by up 180 days to two years in county jail and a fine of $10,000
• Felony in the third degree: theft of property between $30,000 and $150,000, which is punishable by 10 years in prison and a fine of $10,000
• Felony in the second degree: theft of property between $150,000 and $300,000, which is punishable by 20 years in prison and a fine of $10,000.
• Felony in the first degree: theft of property over $300,000, which is punishable by 99 years in prison and a fine of $10,000.

Texas Theft and Shoplifting Penalties

Can You Be Arrested for Shoplifting Before Leaving the Store in Texas?

The most common theft cases are shoplifting cases. These typically involve a loss-prevention officer, or LPO, and a surveillance tape. Most shoplifting cases are caught on tape and oftentimes the suspect is caught red-handed with the merchandise in their possession.

A common misconception that a lot of theft defendants have is that they claim they had not left the store yet when they were apprehended. As such, they argue that they have not committed theft, since they did not leave the store. This is incorrect.

In Texas, a person does not necessarily have to leave a store to be charged with theft. Theft occurs when someone unlawfully appropriates property with the intent to deprive the owner of it. Passing all points of sale without paying can provide evidence of that intent and result in an accusation of theft, but it does not automatically establish that theft occurred.

In the State of Texas, once you passed all points of pay, you are deemed to have committed theft. It does not matter if you are still inside the store. Once you pass the point where you can pay for the items, you are committing theft.

In addition to this, because the law defines theft as the “intent” to deprive the owner of their property, other behaviors matter, even when you are still inside the store. You could thus be charged with theft the moment you secreted the item into your purse or pocket, even though you did not leave the store or attempt to leave the store yet.

Law of Parties – What Exactly Is This and Why Should I Care?

In many theft cases, persons will be charged with theft, even though they did nothing wrong other than be present with a friend when the theft occurred. They are being charged with theft under Section 7.02 of the Texas penal code, which deals with criminal responsibility for the conduct of another.

In lay terms, if you knew or should have known that someone you were friends/associates with who was present with you was going to commit theft, and you did not do anything to distance yourself from this offense, or if you encourage the suspect to commit the offense or promote or assist with the commission, or you fail to make a reasonable effort to prevent the commission of the offense, you are just as culpable as the suspect who took the item(s).

These cases are treated just like the person who stole the actual item. You need to be aware of this because you need to know that if you are present with a friend when they are committing, or about to commit a crime, you too, could be charged alongside them for the same offense.

Civil Demand Letters – What Is Going On?

A few weeks after you have been arrested for theft, you may notice that you have received a letter in the mail from a law firm based in Florida, or some other state. This is true whether or not the items were recovered by loss prevention or not. The letter will indicate that according to Chapter 134 of the Civil Practice and Remedies Code (CPRC), the Texas Theft Liability Act entitles them to demand monetary payment from you (usually $300.00 or so) and if you fail to remit payment, they can sue you in the County in which the alleged theft took place.

The million dollar question you have is, “Am I going to get sued if I do not pay?” The answer to that is NO. They send these letters to anyone and everyone who is charged. I have yet to see anyone actually sued. Keep the letters for your file, but do not EVER pay them anything.

Effective Defense Strategies for Contesting Shoplifting in Houston

Texas law enforcement agencies reported nearly $46 million in property losses from shoplifting in 2024, according to the Texas Department of Public Safety. In Houston, these crimes contribute to the city’s annual crime rate of 37.88 per 1,000 residents in a typical year.

Finding the right defense strategy begins with a careful examination of the evidence. Effective defense strategies can focus on whether prosecutors have sufficient evidence to prove that the defendant intended to deprive the owner of the merchandise.

An attorney may challenge surveillance footage, witness statements, or allegations that merchandise was intentionally concealed. The defense can also examine whether store employees or law enforcement violated the defendant’s rights. Mistaken identity, lack of intent, and disputes over ownership can also support a defense strategy.

Why You Should Hire a Shoplifting Lawyer in Houston

Being arrested in the Upper Kirby Area, Greater Fifth Ward, Houston Heights, or elsewhere in Houston could place your freedom in jeopardy. Without strong legal support from a Houston shoplifting attorney, you could become one of the roughly 248,000 people currently serving time behind bars in Texas.

The decision to hire a shoplifting lawyer provides you with steady support from an attorney who understands shoplifting laws and how to carefully manage shoplifting cases with a focus on protecting the rights and freedom of defendants.

FAQs About Houston, TX Shoplifting Laws

How Much Does a Lawyer Cost for a Shoplifting Case in Texas?

How much a lawyer costs for a shoplifting case in Texas depends on the time and resources required to defend the client. Shoplifting cases can require extensive time reviewing video footage and other forms of evidence. Defense attorneys may bill by the hour or charge a flat rate. Given the penalties that can follow a conviction, many defendants find legal support to be a worthwhile investment in their future.

How Can You Contest a Shoplifting Charge in Texas?

You can contest a shoplifting charge in Texas by working with an experienced lawyer who understands how these cases are prosecuted. An experienced defense lawyer can question the credibility of witnesses and take steps to get your side of the story across in court. With the right approach, a shoplifting charge could be reduced or even dropped.

Is Stealing $500 in Merchandise a Felony in Texas?

No, stealing $500 in merchandise is generally not a felony in Texas. Under Texas law, theft of property valued at $100 or more but less than $750 is generally a Class B misdemeanor, which can result in up to 180 days in jail and a fine of up to $2,000. However, certain circumstances and prior theft convictions can increase the classification and potential penalties for a theft offense.

Can a Shoplifting Charge Be Dismissed in Houston?

Yes, a shoplifting charge can be dismissed in Houston in certain situations. When prosecutors no longer have sufficient evidence to pursue charges or violations of the defendant’s constitutional rights undermine the case, prosecutors may drop charges or a judge may dismiss the case. These types of favorable outcomes are usually the result of a concerted effort by the defense to scrutinize the State’s case while advocating for the rights and interests of the defendant.

Hiring a Houston Shoplifting Lawyer

Assistance during a criminal trial or hearing for shoplifting is important – and a Houston shoplifting lawyer does more than show up in court. Our Houston law firm’s focus is on:

• Consistent communication with all clients;
• Regular meetings and in-person conferences;
• A strategic defense that is specific to your case;
• A thorough collection of evidence and due diligence;
• Individual legal services; and
• A depth of knowledge about shoplifting and other theft offenses.

At Greco Neyland, PC, we provide support, explanation, and advice through every step of shoplifting charges, to ensure your case has the best possible outcome. Contact us today to schedule a free consultation.

Houston, TX Shoplifting Law Resources: