Have you been arrested for shoplifting in Dallas? If so, you need dedicated legal counsel to help you fight the charges against you and seek a positive outcome to your case. Contact My Dallas Criminal Lawyer today for an initial case review with a criminal defense attorney to speak with our experienced Dallas shoplifting defense lawyers about your rights and options.

Do You Need a Criminal Defense Lawyer After an Arrest for Shoplifting?

Your finances, freedom, and future are on the line right now. Protect them with the help of a theft and property crime defense attorney from My Dallas Criminal Lawyer. We can assist you in your case by:

• Thoroughly investigating your charges and preparing a comprehensive defense strategy
• Explaining your charges so you can make informed decisions about how to handle your case
• Vigorously challenging the prosecution’s case at each stage of the case
• Fighting for the best resolution to your charges, even should that mean taking your case to trial

Why Choose an Attorney from My Dallas Criminal Lawyer?

Having experienced legal advocacy as you face shoplifting charges in Dallas can help you protect your rights, reputation, and future. Turn to a criminal defense attorney from My Dallas Criminal Lawyer to help you seek a favorable resolution to your shoplifting charges because:

• Our legal team has established a reputation for thorough case preparation, diligent legal advocacy, and exceptional client service.
• We tailor our strategy to each client’s case and their needs, concerns, and goals.
• We will hear your story, explain your charges and legal options, and develop a compelling case to pursue the best possible outcome under the circumstances.
• Our criminal defense lawyers use their in-depth legal knowledge and litigation experience to defend your interests as you face the criminal justice system. 

Understanding Shoplifting Charges in Dallas

In Texas, prosecutors pursue shoplifting charges under the state’s theft statute. Under the theft statute, a person commits an offense if they unlawfully appropriate property with the intent to deprive the owner of the property. The law deems appropriation of property unlawful when:

• The person takes it without the owner’s effective consent,
• The person appropriates the property knowing that another party stole it from the owner, or
• The person steals property from the custody of a law enforcement agency after an officer identifies the property as stolen, and the person appropriates it believing that another party stole it.

The grading of a shoplifting charge under Texas law depends on the value of the merchandise stolen:

• Property valued at less than $100: Class C misdemeanor (or Class B misdemeanor for a defendant with a prior theft conviction)
• Property valued at $100 or more but less than $750: Class B misdemeanor
• Property valued at $750 or more but less than $2,500: Class A misdemeanor
• Property valued at $2,500 or more but less than $30,000: State jail felony
• Property valued at $30,000 or more but less than $150,000: Third-degree felony
• Property valued at $150,000 or more but less than $300,000: Second-degree felony
• Property valued at $300,000 or more: First-degree felony

The law allows the grading of a shoplifting charge to increase by one degree if, during the offense, the perpetrator intentionally, knowingly, or recklessly:

• Caused a fire alarm to sound or activate
• Deactivated or prevented a fire exit alarm or retail theft detector from sounding
• Used a shield or deactivation device to prevent or attempt to prevent a retail theft detector from sounding

The grading of a felony shoplifting offense can also increase by one degree if the state proves the defendant possessed a firearm during the commission of the offense.

Texas’s Penal Code has other shoplifting-related offenses, including:

• Possession, manufacture, or distribution of instruments used to commit retail theft: The law prohibits possession of shielding or deactivation instruments designed to defeat retail theft detection systems.
• Organized retail theft: A person commits an offense if they intentionally conduct, promote, or facilitate an activity in which they receive, possess, conceal, store, barter, sell, or dispose of stolen retail merchandise or merchandise explicitly represented as stolen from a retailer.

Frequently Asked Questions About Shoplifting

Here are the answers to questions that clients facing shoplifting charges frequently have.

What penalties could I face for a shoplifting conviction?

The penalties for a shoplifting conviction will depend on the value of the merchandise stolen, whether you have prior theft convictions, and whether you committed any aggravating behaviors during the shoplifting offense. In Texas, sentences for shoplifting can include:

• Class C misdemeanor: A fine of up to $500
• Class B misdemeanor: Up to 180 days in jail, a fine of up to $2,000, or both incarceration and a fine
• Class A misdemeanor: Up to one year in jail, a fine of up to $4,000, or both incarceration and a fine
• State jail felony: One hundred eighty days to two years in state jail and a potential fine of up to $10,000
• Third-degree felony: Two to ten years in prison and a potential fine of up to $10,000
• Second-degree felony: Two to 20 years in prison and a potential fine of up to $10,000
• First-degree felony: Life imprisonment or five to 99 years in prison and a potential fine of up to $10,000

A court may also impose a restitution obligation as part of your sentence. This requires you to reimburse the retailer for the value of the stolen merchandise and any related property damage.

What defenses could I raise against a shoplifting charge?

Here are some common defenses that may be available to you:

• Lack of intent: Defendants may deny having intended to shoplift, such as by arguing they mistakenly failed to scan an item at self-checkout.
• Proof of purchase: A defendant can present receipts or other evidence to prove they paid for the merchandise they took from a store.
• Mistaken identity: Defendants facing shoplifting charges may assert that store employees or the police erroneously identified them as the shoplifter, mistaking them for another person observed in the store or on surveillance footage.
• Unlawful search: A defendant may seek to exclude evidence from the defendant’s case by showing that police obtained it through an unlawful search.

What steps should I take after a shoplifting arrest?

You can protect yourself during a shoplifting arrest by invoking your right to remain silent, refraining from answering the police’s charges about your case, and requesting to speak to a criminal defense attorney as soon as possible.

Contact Our Firm Today for Legal Assistance

Don’t face the shoplifting charges against you alone. Call My Dallas Criminal Lawyer at 214-949-4117 today for a confidential consultation with a Dallas shoplifting defense lawyer. We look forward to meeting you, hearing your story, and explaining what we can do on your behalf.