Stephen Gustitis, Criminal Defense Attorney
Shoplifting is one of the most common crimes in the country. It is estimated there are over 500,000 incidents of shoplifting every day in the United States.
Though a seemingly harmless crime, shoplifting may result in serious legal consequences. Because shoplifting is classified as theft – or taking someone else’s property without their permission – the quantity and price of the goods taken will determine the punishment range for the offense. For instance, in Texas, taking items valued at less than $100 is a class C misdemeanor punishable by a maximum fine of $500. But if you are accused of stealing items valued greater than $2,500, you may face felony charges. If convicted you could face serious jail time, as well.
Nevertheless, there may be ways to mitigate your shoplifting charges or, possibly, get them dismissed. Following are a few legal strategies you and your lawyer may consider to resolve a shoplifting charge:
- No Criminal Intent: In the State of Texas, the prosecutor must prove, beyond a reasonable doubt, you intentionally or knowingly took the property of another with the intent to permanently deprive the owner of the property. However, if you can prove, or create a reasonable doubt about the opposite, (whether you took property without the intention of permanently depriving the owner) you may beat your case or get your charges dismissed. For instance:
- Maybe the alleged theft was an accident;
- Maybe your intent was to return the property to the owner;
- What if you had not yet passed all points of sale and you were still shopping and the store misunderstood your intent?
- Conditional Dismissal: If this was your first shoplifting charge, your attorney may be able to have it dismissed under an agreement you complete community service hours and a theft remediation class. By completing these terms of a conditional dismissal, you may become eligible to later expunge the case from your criminal record.
- Pre-Trial Diversion Program: If you are guilty of shoplifting you may still have options for dismissing charges. Many counties in Texas offer pre-trial diversion programs to first-time offenders, which provide an opportunity for rehabilitation and dismissal of the case.
Texas courts take shoplifting charges seriously. The charges you face if accused can be equally so. If you or someone you know has been accused of shoplifting, give Gustitis Law a call. Stephen Gustitis is a Texas Board Certified Criminal Defense Attorney with more than 28 years of experience practicing criminal law and criminal defense in the Bryan-College Station Area.
Have questions about shoplifting charges and need a lawyer? Contact us 24 hours a day at 979-823-9111 or send us a message here.
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