Were you caught shoplifting in Fort Worth, TX? You need to hire a Fort Worth shoplifting lawyer to help keep you out of trouble. If you are convicted, you could face jail time, fines, and a conviction on your criminal record. Call Cofer Luster Criminal Defense Lawyers at (682) 777-3336 today.
have a total of 60 years of combined experience. Our work includes helping people accused of theft crimes, including shoplifting.
It may not seem like a big deal now, but a shoplifting charge can have major consequences. You should start working immediately to build a strong defense. Contact our office to schedule a consultation with a Fort Worth shoplifting attorney.
How Cofer Luster Criminal Defense Lawyers Can Help If You Are Arrested For A Shoplifting Crime In Fort Worth
Once you are charged with a crime in Fort Worth, TX, the prosecution immediately gets to work on your case. The police collect evidence to support the charges, and the government prepares to convict you. The best thing that you can do is hire an attorney to defend you right after your arrest.
Cofer Luster Criminal Defense Lawyers is prepared to fight for your freedom. We help our clients by:
- Explaining the charges and penalties
- Building a strong defense
- Filing bond motions
- Investigating and collecting evidence
- Identifying weaknesses in the prosecution case
- Arguing pretrial motions
- Protecting their constitutional rights
- Negotiating with the prosecutor
- Representing you at every court hearing
- Standing up for you at trial
Unfortunately, some people will get convicted of shoplifting, even with the best legal team. If you are convicted of shoplifting, we will work endlessly to mitigate the penalties. This includes asking for leniency from the court to avoid jail time and reduce fees.
You have the right to fight the shoplifting charges, even if you think you may lose. You shouldn’t give up hope because you may have a defense that you aren’t aware of. Call a Fort Worth criminal defense attorney to talk about your legal options and how to best protect yourself today.
Overview Of Shoplifting Laws In Fort Worth, TX
Shoplifting is a type of theft crime that happens when someone steals from a store. Unlike some states, Texas doesn’t have a specific shoplifting statute. Instead, shoplifting is covered under the general theft chapter of the Texas Penal Code.
Theft happens when a person unlawfully appropriates another’s property with the intent to permanently deprive them of the property. Under the statute, unlawful appropriation can include:
- Taking the property without the owner’s consent
- Accepting stolen property that you know is stolen
When someone shoplifts an item from a store, they are unlawfully appropriating the property because they aren’t paying for it. Shoplifting charges can also include other behavior short of actually shoplifting, like:
- Concealing or hiding an item
- Moving items from one location to another
- Removing or switching price tags
- Not scanning items in the self-checkout
- Removing anti-theft devices
- Changing tax information
Some of these behaviors may not be illegal in and of themselves. However, when coupled with the intent to permanently deprive, it becomes shoplifting.
Shoplifting may seem like a relatively minor offense, but it’s actually quite serious. Depending on the value of the items, it can be charged as either a misdemeanor or a felony. The severity increases as follows:
- Value under $100: Class C Misdemeanor
- Value $100 – $750: Class B Misdemeanor
- Value $750 – $2,500: Class A Misdemeanor
- Value $2,500 – $30,000: State jail felony
- Value $30,000 – $150,000: Class 3 Felony
- Value $150,000 – $300,000: Class 2 Felony
- Value over $300,000: Class 1 Felony
Of course, the more serious the charge, the more serious the penalties.
What Is The Penalty For Shoplifting In Fort Worth?
The penalties for shoplifting in Fort Worth depend on the way that you are charged. That means that the prosecutors hold a lot of power when deciding how to charge someone. There is a range of penalties for each level of offense.
The penalty ranges are:
- Class C Misdemeanor: Up to $500 in fines
- Class B Misdemeanor: Up to 180 days in jail and $2,000 fine
- Class A Misdemeanor: Up to 1 year in jail and a $4,000 fine
- State Jail Felony: 180 days – 2 years in prison
- Class 3 Felony: 2 – 10 years in prison
- Class 2 Felony: 2 – 20 years in prison
- Class 1 Felony: 5 – 99 years in prison
As you can see, there is a significant range in the penalties, particularly for felony shoplifting charges. It’s hard to predict exactly what sentence you will receive. Judges use their discretion to impose a sentence based on a variety of factors, such as:
- The facts of the case
- Your past criminal record or lack thereof
- Whether or not you are remorseful or accept responsibility
- Other relevant information or extenuating circumstances
In addition to fines and jail time, you may also be ordered to pay restitution. Restitution compensates the victim for their losses, such as paying back the value of the stolen goods. Restitution may include interest as well.
Furthermore, you may be ordered to complete probation upon your release from jail. This probationary period could include conditions like following certain rules, taking drug tests, having a curfew, keeping a job, and generally staying out of trouble. If you violate your probation you could be sent back to jail.
Collateral Consequences
If you are convicted of felony shoplifting, you will also experience collateral consequences. Collateral consequences are non-court-ordered consequences of a conviction that can upend your life.
The collateral impact of a felony shoplifting record can completely alter your life long after your release from prison. Examples of the consequences may include:
- Felony criminal record
- Difficulty finding housing
- Difficulty finding and maintaining employment
- Ineligibility for loans or government assistance
- Loss of the right to vote
- Loss of the right to own a firearm
- Isolation from family and friends
- Immigration consequences
Sometimes people forget about these consequences and are caught off guard after their release.
However, they are significant enough that everyone should consider them. Especially when deciding whether or not to plead guilty to a felony shoplifting charge. In fact, many good criminal defense attorneys advise their clients about collateral consequences throughout their cases.
If you have questions about the penalties or collateral consequences in your case, contact a Fort Worth shoplifting lawyer to discuss more.
What Defenses Can Be Raised If I Am Accused Of Shoplifting In Texas?
If you were caught shoplifting, you might feel like you don’t have any options when it comes to defenses. However, there are actually several defenses to the charge.
Consent
If you had consent to appropriate the property, then you are not guilty of shoplifting. This would be unusual if you are accused of stealing from a larger department store. However, if you are accused of stealing from a smaller shop, then you could feasibly have gotten consent to take property and pay later, for example.
Lack Of Intent To Permanently Deprive
A key element of shoplifting is the intent to permanently deprive the owner of the property. If the prosecution cannot prove that you have the intent beyond a reasonable doubt, then you cannot be convicted of the offense.
For example, if you put an item in a reusable shopping bag while perusing a store, but you intend to pay for it, you do not have the requisite intent to permanently deprive. If you put the item under your sweatshirt and walk out of the store past the cash registers, then they can probably prove your intent.
Constitutional Violations
Any time that you are charged with a crime you have constitutional due process rights. The Constitution requires the police and prosecutors to act a certain way to convict you of a crime. If they don’t act appropriately, then there are ramifications. This may include your case being dismissed or critical evidence being excluded.
Your attorney can file pretrial motions to assert constitutional issues such as motions to suppress, motions to exclude and even motions to dismiss.
Insufficient Evidence
In every criminal case, the prosecutor needs to prove that you are guilty beyond a reasonable doubt. If you can argue that there is insufficient evidence to prove one or all elements of the shoplifting charge, then you will not be convicted. A great defense attorney will identify holes in the prosecutor’s case and argue that there isn’t enough evidence to meet this burden.
Schedule An Initial Consultation With A Fort Worth Shoplifting Lawyer
The best thing that you can do to avoid a shoplifting conviction is to hire a Fort Worth shoplifting lawyer. Cofer Luster Criminal Defense Lawyers will vigorously defend you against shoplifting charges.
We will hold the prosecution to their heavy burden because you deserve to have an attorney working hard on your side. Call us to schedule a time to talk today.
