Shoplifting Defense in Lubbock

How Texas Law Treats Shoplifting

Texas doesn’t have a separate shoplifting statute. Shoplifting allegations are generally prosecuted under Texas Penal Code §31.03, which defines theft as unlawfully appropriating property with intent to deprive the owner of it.

The alleged value of the property generally determines the offense grade. Current Texas theft classifications are:

• Class C misdemeanor: Under $100.
• Class B misdemeanor: At least $100 but under $750.
• Class A misdemeanor: At least $750 but under $2,500.
• State jail felony: At least $2,500 but under $30,000.
• Third-degree felony: At least $30,000 but under $150,000.
• Second-degree felony: At least $150,000 but under $300,000.
• First-degree felony: $300,000 or more.

A charge involving property worth under $2,500 becomes a state jail felony when the accused has two or more prior theft convictions of any grade. A prior theft record should therefore be reviewed early rather than treated as background information.

Charge enhancements: Texas law raises theft to the next higher offense category when the alleged conduct involves triggering a fire exit alarm, deactivating a retail theft detector, or using a shielding or deactivation device to avoid detection. Texas Penal Code §31.16 also addresses Organized Retail Theft, a distinct charge that may apply to certain coordinated allegations.

Evidence & Defenses in a Shoplifting Case

The prosecution must prove an intent to deprive, meaning an intent to withhold the property from its owner as addressed by the theft statute. Evidence that merchandise was moved, handled, or concealed doesn’t remove that obligation.

I examine the full sequence of events, including store loss-prevention procedures and the circumstances surrounding any alleged concealment. Incomplete surveillance footage, conflicting witness accounts, and mistaken identity can affect whether the evidence reliably identifies the accused or establishes what occurred.

Potential defenses depend on the facts. Lack of intent, duress, and age may be relevant in theft-crime cases. I also handle juvenile crimes for younger defendants accused of shoplifting and explain the process to the client and involved family members.

What May Follow a Shoplifting Arrest

A shoplifting arrest can lead to bond requirements, court proceedings, negotiations, or trial preparation. For shoplifting-related felony charges in Lubbock, the Lubbock County District Attorney’s Office prosecutes cases in local district courts.

Potential resolutions include diversion, deferred adjudication, dismissal, conviction, or another outcome permitted by the circumstances. Diversion may allow an eligible person to complete specified requirements outside a traditional conviction path. Deferred adjudication postpones a finding of guilt while the person completes court-ordered conditions. Availability depends on the charge, evidence, criminal history, and local procedures.

I provide guidance concerning diversion programs or deferred decisions in misdemeanor cases without assuming either option is available. I also offer expungement services. Expungement can remove qualifying records, but whether a theft-related record can be cleared depends on how the case was resolved and the applicable legal requirements.