Dallas Shoplifting Attorney
Experienced Defense Against Shoplifting Chargesin Texas
At the Law Office of Patrick J. McLain, PLLC, our Dallas shoplifting lawyer is ready to advise and defend you against retail theft charges. Our attorney has handled numerous criminal cases and has extensive criminal law experience. We are prepared to work tirelessly on your behalf and will strive to help you obtain the best possible outcome in your case.
What Is Considered Shoplifting in Texas?
Texas has several laws that make it illegal to shoplift from a retail establishment. The crime of shoplifting is when a person enters a store intending to steal property and then leaves the store without paying for the property.
For a person to be convicted of shoplifting, prosecutors must prove the following elements:
- The defendant entered a retail establishment;
- The defendant took possession of the property without the owner's consent;
- The defendant intended to deprive the owner of the property permanently;
- The property was of a value less than $100, and
- The defendant could pay for the property.
Several different charges can be brought against a person who has been accused of shoplifting. The specific charge will depend on the value of the property that was allegedly stolen, the type of property that was stolen, and the circumstances surrounding the alleged theft.
What are the Penalties for Shoplifting in Texas?
In Texas, the penalties for retail theft depend on the value of the stolen property. A person can be charged with a misdemeanor or a felony based on the value of the stolen property.
- $100 or less: Class C misdemeanor, punishable by a maximum fine of $500
- $100-$750: Class B misdemeanor, punishable by a maximum jail sentence of 180 days and a fine of up to $2,000
- $750-$2,500: Class A misdemeanor, punishable by a jail term of up to 180 days and a maximum fine of $4,000
- $2,500-$30,000: State jail felony, punishable by a state jail sentence between 180 days and two years
- $30,000-$140,000: Third-degree felony, punishable by imprisonment between 2 to 10 years and a maximum fine of $10,000
- Over $150,000-$300,000: Second-degree felony, punishable by imprisonment ranging from 2 to 20 years and a fine of up to $10,000
- More than $300,000: First-degree felony, punishable by imprisonment between 5 and 99 years and a maximum fine of $10,000
In addition to the penalties listed above, the court may also order that the defendant make restitution to the victim. Restitution is when the defendant must repay the victim for the stolen property.
Defenses Against Shoplifting Charges
If you're facing shoplifting charges in Dallas, it's crucial to understand that various defenses are available to protect your rights and reputation. Our experienced Dallas shoplifting attorney at the Law Office of Patrick J. McLain, PLLC, is well-versed in these defenses and will work diligently to build a strong case on your behalf.
Common defenses against shoplifting charges may include:
- Lack of Intent: Prosecutors must prove that you intended to permanently deprive the property owner. If it can be shown that you had no such intent or made an honest mistake, this defense could apply.
- Mistaken Identity: If there is doubt about your identity as the alleged shoplifter, it can cast doubt on the prosecution's case.
- False Accusations: Sometimes, shoplifting accusations arise from misunderstandings or false accusations by store employees or customers. We will investigate to uncover any false claims.
- Inadequate Evidence: Challenging the evidence against you, such as surveillance footage or witness testimonies, can weaken the prosecution's case.
- Illegal Search and Seizure: If your rights were violated during the arrest or search, it may be possible to have evidence suppressed or the case dismissed.
- Store Policy Violations: We will scrutinize whether the store followed proper procedures and adhered to their policies in detaining and accusing you of shoplifting.
- Entrapment: This can be a valid defense if law enforcement or store personnel induced you to commit the crime when you wouldn't have otherwise.
Contact Our Dallas Shoplifting Lawyer Today
If you have been charged with shoplifting, you should hire an experienced criminal defense attorney. The retail industry has a lot of influence in Dallas, and prosecutors may be pressured to obtain a conviction in your case. With the right representation, you can fight back against these charges and attempt to get your charges reduced or dismissed.
Contact the Law Office of Patrick J. McLain, PLLC, today to schedule a consultation with our shoplifting attorney in Dallas!
"Best attorney"Mr. Patrick McLain equals instant and good results for you. Hiring Mr. Patrick McLain is the best decision I had made throughout my military career.- Master Sergeant Michael A Heath Jr.
"A Marine through and through. He is dedicated to taking care of his clients."He is an excellent lawyer who gives his all for you and gets things done. He has a no-nonsense approach that gets you results.- Scott S.
"First class lawyer!!!!!"Patrick saved my career and my life by proxy, he did everything and more you would HOPE for from a lawyer. Patrick is what you need if you want to win your case!- David L.
"If anyone needs an attorney that will stand with you during your time of trouble, look no further."Patrick has truly become a good friend and if anyone needs an attorney that will stand with you during your time of trouble, look no further. Patrick J. Mclain is this man.- Child Abuse Client