Texas Shoplifting Charges Guide: Theft Laws, Penalties& Defense

Facing Shoplifting Charges in Texas? Here’s Your Complete Legal Defense Guide

If you’re reading this, you or someone you care about has likely been charged with taking merchandise from a store in Texas. The immediate feelings are often a mix of panic, shame, and confusion about what happens next. Let us be clear from the start: you are not alone, and this charge does not have to define your future. At Attorney911—The Manginello Law Firm, PLLC—we are Legal Emergency Lawyers™ who have defended thousands of Texans against theft and shoplifting charges for over 25 years. Founding attorney Ralph Manginello, admitted to the Texas Bar in 1998 and the U.S. District Court for the Southern District of Texas, built this firm on a simple principle: everyone deserves immediate, aggressive, and professional legal help when they need it most. This comprehensive guide will walk you through everything you need to know about shoplifting laws in Texas, the severe consequences you face, and, most importantly, how our experienced criminal defense team can fight for the best possible outcome. If you have questions after reading, your first step should be to call our legal emergency line at 1-888-ATTY-911 for a free, confidential consultation.

What Is Shoplifting Under Texas Law? It’s Not What You Think.

In our daily conversations across Houston, Austin, and Beaumont, people often ask about “shoplifting” as if it’s a standalone crime. However, as Ralph Manginello explains in the video, Texas does not have a separate criminal offense called “shoplifting.” This is a critical piece of legal context that shapes your entire defense. Instead, the act commonly called shoplifting—stealing goods from a retail establishment during business hours—is prosecuted under Texas’s consolidated theft statute. This means the state has rolled up what used to be distinct crimes like shoplifting, embezzlement, extortion, and receiving stolen property into a single, broad law: Texas Penal Code § 31.03, Theft.

The Historical Consolidation of Theft Laws in Texas

This consolidation, which occurred decades ago, was intended to simplify prosecution. For the prosecution, it means they can charge a wide range of property crimes under one statute, making their job easier. For the defense, however, it means the state must prove the same core elements regardless of the method: that you unlawfully appropriated property with the intent to deprive the owner of it. Understanding this legal framework is where our 25+ years of experience in Texas courtrooms becomes invaluable. We don’t just react to charges; we analyze whether the state can meet its burden of proof on each required element. Was there intent? Was the appropriation truly unlawful? These are nuanced questions that an inexperienced attorney might overlook. Our firm’s deep knowledge of Texas Penal Code intricacies, honed by Ralph Manginello’s membership in the elite Harris County Criminal Lawyers Association (HCCLA), allows us to identify weaknesses in the state’s case from day one.

Why the “Shoplifting” Label Matters for Your Defense

While the charge is legally “theft,” the colloquial term “shoplifting” carries specific implications. Retailers and prosecutors often have preconceived notions and evidence protocols for these cases, such as reliance on loss prevention officer testimony, surveillance footage, and merchant detention statutes (Texas Penal Code § 124.001). At Attorney911, we’ve handled countless cases where store security overstepped their legal authority during a detention, or where surveillance video was mishandled or incomplete. For instance, in a past case not unlike those we see in Houston Galleria-area stores or major retailers in Austin, we successfully challenged the chain of custody of alleged stolen goods, leading to a dismissal. The point is, the context of the alleged theft—an open retail store—creates specific defense opportunities that a generic theft lawyer might miss.

Is Shoplifting a Felony or Misdemeanor in Texas? The Value-Driven Penalty Matrix

This is the question that causes the most anxiety: “How serious is this?” As the transcript outlines, shoplifting (theft) in Texas can range from a low-level Class C misdemeanor to a first-degree felony. The primary driver is the value of the property alleged to have been stolen, but your prior criminal record, especially previous theft convictions, is a powerful aggravating factor. Let’s break down the penalty classifications in detail, because understanding the stakes is the first step in building an effective defense.

Class C Misdemeanor Theft (Value less than $100)

If the alleged value is under $100 and you have no prior theft convictions, this is the lowest-level charge. The maximum penalty is a $500 fine, and critically, a judge cannot sentence you to jail. However, do not be lulled into a false sense of security. A Class C misdemeanor conviction is still a criminal conviction that will appear on your record, potentially affecting employment, professional licensing, and housing applications. In our experience defending clients in Harris County and surrounding areas, prosecutors may still push for fines and court costs. Our approach at Attorney911, led by Ralph Manginello’s philosophy, is to fight even these “minor” charges to seek a dismissal or, at minimum, an outcome that avoids a permanent conviction.

Class B Misdemeanor Theft (Value $100 to $750, OR under $100 with a prior theft conviction)

The stakes increase here. A Class B misdemeanor carries a potential jail sentence of up to 180 days and a fine of up to $2,000. This category also highlights how a past mistake can haunt you: if you have a prior theft conviction, even stealing an item valued under $100 can be bumped up to a Class B misdemeanor. This is where our firm’s comprehensive case review is essential. We will scrutinize the state’s valuation evidence. Is the retail price the correct metric, or is the item used? Did the store provide a credible receipt? We’ve seen cases where improper valuation attempted to unjustly elevate a charge.

Class A Misdemeanor Theft (Value $750 to $2,500)

This is the most serious misdemeanor level. A conviction can result in up to one year in county jail and a $4,000 fine. The jump from $750 to $2,500 is a broad range, and the specific value alleged will influence a prosecutor’s initial offer. Having an attorney who knows the local prosecutors in Houston, Fort Bend, Montgomery, and Travis counties is a distinct advantage. We know which offices are more inclined toward pretrial diversion for first-time offenders and which require more aggressive negotiation or litigation.

State Jail Felony Theft (Value $2,500 to $30,000, OR a firearm, OR value under $2,500 with two prior theft convictions)

This marks the transition into the felony system, with life-altering consequences. A state jail felony carries a potential 180 days to 2 years in a state jail facility and a fine of up to $10,000. The inclusion of firearm theft as an automatic state jail felony, regardless of its value, underscores the seriousness with which Texas treats these cases. Furthermore, the “two prior theft convictions” clause demonstrates the Texas legislature’s intent to penalize repeat offenders harshly. If you have prior convictions, your defense needs to be strategic and relentless. Our team, including associate attorney Lupe Peña—a former insurance defense attorney who knows how large institutions build cases—approaches these cases by attacking every link in the prosecution’s chain. We examine arrest procedures, witness credibility, and evidence integrity. As Lupe often says, “Having worked on the other side, I know how cases are put together and where they’re most vulnerable.”

Third-Degree Felony to First-Degree Felony Theft

For high-value allegations, the penalties escalate dramatically:

• Third-Degree Felony (Value $30,000 to $150,000): 2 to 10 years in prison.
• Second-Degree Felony (Value $150,000 to $300,000): 2 to 20 years in prison.
• First-Degree Felony (Value $300,000 or more): 5 to 99 years or life in prison.

These charges often involve allegations against employees, organized retail theft rings, or complex fraud schemes. Defending against them requires resources and federal court-level experience. Ralph Manginello’s admission to the U.S. District Court and our firm’s involvement in massive, complex litigation like the BP Texas City explosion case mean we are not intimidated by large-scale evidence or aggressive prosecutors. We have the resources to hire expert witnesses, forensic accountants, and investigators to level the playing field.

Will I Go to Jail for First-Time Shoplifting in Texas?

As Ralph states in the video, first-time offenders are rarely sent to jail for a first-time, low-level shoplifting offense. However, the word “rarely” is not a guarantee, and several factors can quickly increase that risk. If you are on probation for another offense, have any prior criminal record (even unrelated), or if the prosecutor views the circumstances as particularly egregious, jail time becomes a real possibility. Furthermore, if the charge is a Class B misdemeanor or higher, the law allows for jail time, so the threat is always present.

The Critical Role of Defense Counsel in Avoiding Incarceration

Your best chance of avoiding jail, even for a first offense, is to have skilled legal counsel from the moment you are charged. At Attorney911, we act immediately to present you in the best possible light. We gather character references, evidence of employment or community ties, and any mitigating circumstances to present to the prosecutor before they make a filing decision or initial offer. Our goal is to steer your case away from the path that leads to incarceration. For example, in a recent case, our client—a college student in Austin with no record—was caught allegedly stealing electronics valued just over $1,000 (a Class A misdemeanor). While the store pressed charges, our attorneys immediately engaged with the Travis County District Attorney’s office, presented evidence of our client’s academic standing and remorse, and secured an agreement for pretrial diversion before the case was even formally filed. This proactive approach is what sets us apart from firms that wait for court dates to start working.

Can a Shoplifting Charge Be Expunged or Dismissed in Texas?

Yes, but the pathways are specific and time-sensitive. As the transcript mentions, the primary methods are deferred adjudication and pretrial diversion programs. These are not automatic rights; they are discretionary agreements offered by prosecutors, often to first-time, non-violent offenders charged with lower-level offenses.

Deferred Adjudication vs. Pretrial Diversion: Knowing the Difference

Both programs can lead to a dismissal, but they function differently. Deferred adjudication is a form of probation where you plead guilty or no contest, but the judge defers finding you guilty. If you successfully complete the probation terms, the charge may be dismissed, and you may be eligible for non-disclosure (sealing the record) or, in some cases, expunction. Pretrial diversion is typically a prosecutor-run program that occurs before any plea. You agree to certain conditions (community service, theft prevention classes, etc.), and if completed, the prosecutor agrees not to file charges or will dismiss filed charges. Eligibility varies wildly by county. In Harris County, deadlines for application can be as short as 30 days from arrest. This is why Ralph Manginello emphasizes in the video: “Because some counties have stringent deadlines for these programs, you should contact a shoplifting lawyer as soon as possible.” Our team maintains an up-to-date database of program requirements across Texas counties, from Jefferson to Williamson, ensuring we don’t miss a critical deadline for a client.

Attorney911’s Record of Securing Dismissals

Our documented case results in criminal defense prove our ability to get charges dismissed. For instance, in a DWI case, we secured a dismissal because the police failed to maintain breathalyzer machines properly. In another, a DWI was dismissed on the day of trial because key hospital nurse notes were missing. This meticulous, evidence-focused approach applies equally to theft cases. We look for flaws in merchant detention, witness identification, valuation, and chain of custody. Client testimonials speak to this success. As client Beth Bonds shared: “Ralph Manginello took his bogus case and had it dismissed within a WEEK! I have been trying for over 2 years.” While every case is unique, our commitment to finding the flaw that leads to a dismissal is unwavering. Call 1-888-ATTY-911 to discuss the specific facts of your case and your eligibility for a dismissal.

Why You Absolutely Need a Lawyer for a Shoplifting Charge

Even for a Class C misdemeanor, the impact of a theft conviction can be severe and long-lasting. It can block job opportunities, professional licenses (nursing, real estate, law), housing applications, and student financial aid. The idea that you can “just pay the fine and move on” is dangerously misguided. An experienced criminal defense lawyer does three critical things: 1) protects your rights throughout the process, 2) negotiates for the best possible disposition, and 3) safeguards your future.

What Our Shoplifting Defense Investigation Entails

When you hire Attorney911, we immediately begin building your defense. This includes:

• Evidence Review: Obtaining and scrutinizing all surveillance footage, loss prevention reports, and police reports for inconsistencies or procedural errors.
• Witness Interviews: If there were witnesses, we assess their credibility and statements.
• Legal Motion Practice: Filing motions to suppress evidence if it was obtained through an unlawful detention or search. Texas law allows merchants to detain you, but only under specific conditions and for a reasonable time.
• Negotiation Strategy: Leveraging our relationships and reputation with local prosecutors to advocate for diversion, deferred adjudication, or a reduction in charges.

Our firm includes a former insurance defense attorney, Lupe Peña, who spent years learning how large companies and institutions build cases. He now uses that insider knowledge against them. He knows how loss prevention departments are trained and where their protocols often break down. This “insider advantage” is a powerful tool in your defense.

Attorney911’s Unique Approach to Texas Shoplifting Defense

Choosing the right lawyer is not about hiring the loudest advertiser; it’s about finding proven expertise and a track record of results. Here is why our firm stands apart for Texans facing theft charges.

Ralph Manginello: 25+ Years of Texas Courtroom Authority

Ralph didn’t just move to Texas to practice law; he was raised here in Houston’s Memorial area, attended Memorial High School, and got his J.D. from South Texas College of Law Houston. Admitted to the Texas Bar in 1998, he has spent over a quarter-century defending Texans in both state and federal courts. His federal court admission (Southern District of Texas) is a credential many criminal defense lawyers lack, signaling an ability to handle complex cases. He is a member of the HCCLA, an elite organization of the top criminal defense practitioners in Harris County. This deep-rooted Texas experience means he understands not just the law, but the people, prosecutors, and judges who shape its application in courtrooms from Beaumont to Austin.

Lupe Peña’s Insider Insurance Defense Experience

Associate attorney Lupe Peña brings a formidable and unique advantage to your defense team. As the firm data notes: “Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.” While that directly applies to our personal injury practice, the mindset is identical for criminal defense. He understands how large retail corporations and their insurers build cases, train their loss prevention staff, and collaborate with prosecutors. He knows their playbook because he used to run it. This allows us to anticipate and counter the strategies that will be used against you.

Documented Results and Client Testimonials

Our results speak for themselves. While we cannot guarantee outcomes, our history shows a commitment to fighting for dismissals and favorable resolutions. In criminal defense, we’ve had DWI charges dismissed due to faulty breathalyzers, missing evidence, and video analysis. In a drug case, we secured deferred adjudication for a client facing 5 to 99 years. This tenacity carries into every shoplifting case we handle.

Our clients’ voices are the best testament. Client Jamin Marroquin said, “Mr. Manginello guided me through the whole process with great expertise…tenacious, accessible, and determined.” Client Chad Harris told us, “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” With over 251 Google reviews averaging 4.9 stars, this consistent feedback about communication, care, and results is what you can expect when you call 1-888-ATTY-911.

Immediate Steps to Take If You Are Charged with Shoplifting in Texas

1. Do NOT discuss the incident with store security or police without an attorney. You have the right to remain silent. Anything you say can be misconstrued and used against you.
2. Preserve any evidence. If you have receipts, witnesses, or any other documentation, keep it safe.
3. Contact a criminal defense attorney immediately. Time is of the essence for diversion programs and early case investigation.
4. Write down everything you remember about the incident while it’s fresh, including what was said by store personnel.
5. Avoid discussing the case on social media. Assume anything you post will be seen by prosecutors.

Frequently Asked Questions About Texas Shoplifting Charges

Can I be arrested for shoplifting if I left the store without paying?

Yes. Under Texas law, a merchant can detain you if they have probable cause to believe you stole merchandise. They can then call the police, who can place you under arrest based on the merchant’s statement and evidence. The arrest can happen even if you are no longer on the store premises.

What if the item was under $100? Is it still a big deal?

Yes. While a Class C misdemeanor doesn’t carry jail time, a conviction is a permanent criminal record that can affect employment, housing, and professional licenses. It is always worth fighting to avoid a conviction.

Can a store sue me civilly for shoplifting?

Yes. Texas Civil Practice and Remedies Code § 134.003 allows a merchant to sue for damages equal to the actual value of the merchandise plus a penalty of up to $1,000, along with attorney’s fees. A criminal defense lawyer can often help negotiate a resolution that addresses both the criminal and potential civil liability.

I’m a first-time offender. Will I definitely get pretrial diversion?

Not definitely. It is a discretionary program. Your chances improve dramatically with an attorney who can effectively present your case for eligibility, highlight your background, and navigate the specific application process for your county.

How much does a shoplifting defense lawyer cost?

At Attorney911, we offer flexible fee structures for criminal defense cases. During your free consultation at 1-888-ATTY-911, we will discuss the details of your case and our fee options. We believe in transparent pricing and accessible legal defense.

Do you offer Spanish-speaking legal services?

Yes. Associate attorney Lupe Peña is a fluent Spanish speaker, and our staff includes bilingual team members like Zulema. We provide full consultations and legal representation in Spanish. Hablamos Español.

Don’t Let a Shoplifting Charge Derail Your Life in Texas

A shoplifting accusation can feel like an overwhelming crisis, but with the right legal team, it is a manageable situation. At Attorney911, we combine Ralph Manginello’s 25+ years of Texas courtroom authority, Lupe Peña’s insider knowledge from the defense side, and a track record of securing dismissals and favorable outcomes for people just like you. We are a Texas law firm with deep roots in Houston, Austin, and Beaumont, and we fight for our clients with every resource available. If you’re facing theft charges, don’t gamble with your future by hoping for the best. Take proactive control by contacting the Legal Emergency Lawyers™. Your story matters to us, and we sincerely want to hear it. Call our emergency line now at 1-888-ATTY-911 or visit our website at https://attorney911.com to schedule your free, confidential case evaluation. We don’t get paid unless we win your case, so you have nothing to lose and everything to gain by making the call today.

Frequently Asked Questions

Is shoplifting a felony in Texas?

Shoplifting (legally theft) can be a felony or misdemeanor in Texas, depending on the value stolen and your record. It becomes a state jail felony at $2,500, a third-degree felony at $30,000, and can go up to a first-degree felony for values over $300,000.

Will I go to jail for first-time shoplifting?

First-time offenders charged with low-level (Class C) theft rarely go to jail, as it carries only a fine. However, for Class B misdemeanor charges and above, jail time is possible, especially if you have a prior record or were on probation.

Can a shoplifting charge be removed from my record?

Yes, through deferred adjudication or pretrial diversion programs, often available to first-time offenders. Successful completion can lead to dismissal. Strict county deadlines apply, so contact a lawyer immediately at 1-888-ATTY-911.

Do I need a lawyer for a minor shoplifting charge?

Yes. Even a Class C misdemeanor conviction creates a permanent criminal record affecting jobs and housing. An experienced attorney from Attorney911 can seek dismissal, diversion, or reduced penalties, protecting your future.

What should I do if I’m arrested for shoplifting in Houston?

Remain silent, do not discuss the case with anyone, and contact a criminal defense lawyer immediately. Call Attorney911 at 1-888-ATTY-911. We will guide you through the process, protect your rights, and start building your defense.

How does Attorney911’s experience help with shoplifting cases?

With 25+ years of Texas criminal defense, federal court experience, and a former insurance defense attorney on our team, we know how stores and prosecutors build cases. We use this insider knowledge to find weaknesses and fight for dismissals and favorable outcomes.