What Are the Penalties for Retail Theft in Texas?

 Posted on March 13, 2023 in Criminal Defense

There are a variety of different situations in which a person may be charged with theft in Texas. The specific charges for theft will usually be based on the value of the items that were allegedly stolen. However, additional considerations may apply in cases involving retail theft. If you have been accused of shoplifting or charged with retail theft in Texas, it is important to understand the possible penalties you may face. This offense can be very serious, and you could potentially face a sentence in prison as well as large fines. Fortunately, with the help of a criminal defense lawyer, you can determine how to address and defend against these charges.

Specific Charges for Retail Theft and Their Penalties

Retail theft may involve any situations where merchandise is taken from a retail store without the permission of the owner. Many cases involve people pocketing items and walking out without paying for them, but there are other situations in which a person may be accused of taking actions meant to deprive a store owner of merchandise or the money they would have received from customers. For example, people may switch price tags on items or ring up items incorrectly using self-checkouts in order to pay less than the full retail price. These actions may also lead to criminal charges for retail theft.

It should also be noted that Texas law defines the offense of "organized retail theft," which involves any situation in which a person possesses, receives, conceals, sells, or disposes of retail merchandise that they knew was stolen. This means that a person who holds stolen merchandise for a friend or receives and resells stolen items may also be charged with retail theft.

As with other types of theft, the severity of the penalties a person may face will be based on the total value of the merchandise that was allegedly stolen. The specific charges for retail theft are as follows:

• Merchandise valued less than $100 - Class C misdemeanor, which may result in a fine of up to $600.
• Merchandise valued at $100 to $750 - Class B misdemeanor, which may result in a prison sentence of up to six months and a fine of up to $2,000.
• Merchandise valued at $750 to $2,500 - Class A misdemeanor, which may result in a prison sentence of up to one year and a fine of up to $4,000.
• Merchandise valued at $2,500 to $30,000 - State jail felony, which may result in a prison sentence of six months to two years and a fine of up to $10,000.
• Merchandise valued at $30,000 to $150,000 - Third-degree felony, which may result in a prison sentence of two to 10 years and a fine of up to $10,000.
• Merchandise valued at $150,000 to $3000,000 - Second-degree felony, which may result in a prison sentence of two to 20 years and a fine of up to $10,000.
• Merchandise valued at $300,000 or more - First-degree felony, which may result in a prison sentence of five to 99 years and a fine of up to $10,000.

It is also illegal to possess, manufacture, or sell devices that can be used to facilitate retail theft by shielding against electronic or magnetic theft detectors. Possessing or distributing this type of item with the intent to commit retail theft is a Class A misdemeanor.

Contact Our Cooke County Retail Theft Defense Lawyers

If you have been charged with retail theft in Texas, it is important to understand the possible penalties you may face if you are convicted, as well as your options for defending against these charges. At Magaña & Van Dyke, our experienced Cooke County shoplifting defense attorneys are prepared to fight on your behalf, protect your rights, and advocate for the best possible outcome in your case. Contact us at 940-382-1976 to set up a free consultation.

Source:

https://statutes.capitol.texas.gov/SOTWDocs/PE/htm/PE.31.htm

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm