Key Takeaways:
Shoplifting in Arlington is a type of theft offense under Texas law. Penalties range from fines to jail time, depending on the value of the item and any past convictions. First-time offenders may qualify for programs that avoid a criminal record.
A shoplifting accusation can turn your day, and your life, upside down. Whether it was a misunderstanding or a momentary lapse in judgment, the consequences of this type of theft can feel overwhelming: criminal charges, fines, jail time, and a permanent mark on your record.
If you’re facing shoplifting charges in Arlington, you deserve to understand what’s at stake and how the right legal strategy can help you move forward.
Let’s walk through what shoplifting means under Texas law, what penalties you could face, and the defenses that may apply to your situation.
What Counts As Shoplifting In Texas?
Shoplifting is legally considered theft in Texas. Under Texas Penal Code § 31.03, it’s defined as taking property without the owner’s consent and with the intent to permanently keep it.
Most people think of shoplifting as someone hiding merchandise and walking out of a store. And yes, that’s common, but you don’t have to leave the building to be charged. Intent matters just as much as the action.
Here are a few examples of what could lead to a shoplifting charge:
- Concealing items inside a purse or clothing.
- Switching price tags.
- Placing merchandise in a bag or cart and attempting to exit without paying.
- Even staying in the store, but acting in a way that suggests you planned to steal.
Prosecutors must prove you acted intentionally, not by mistake, confusion, or accident. And they must prove that beyond a reasonable doubt. That’s where a good defense attorney can step in.
What Penalties Could You Face?
Shoplifting charges in Arlington are handled based on the value of what was allegedly taken and whether you’ve been charged with theft before.
Let’s break it down.
Misdemeanor Shoplifting
- Class C Misdemeanor: Property under $100. Fine up to $500, no jail time.
- Class B Misdemeanor: $100–$749, or any value with a prior theft conviction. Up to 180 days in jail, $2,000 fine, or both.
- Class A Misdemeanor: $750–$2,499. Up to 1 year in county jail, $4,000 fine, or both.
Even a misdemeanor conviction can leave you with a criminal record that shows up on background checks, something employers and landlords often look at.
Felony Shoplifting
When the value exceeds $2,500, or certain aggravating factors apply, the charge becomes a felony.
- State Jail Felony: $2,500–$29,999, or theft of a firearm or certain metals. 180 days to 2 years in a state jail, up to $10,000 fine.
- Third-Degree Felony: $30,000–$149,999. 2 to 10 years in prison, up to $10,000 fine.
- Second-Degree Felony: $150,000–$299,999. 2 to 20 years in prison.
- First-Degree Felony: $300,000 or more. 5 to 99 years in prison, possibly life.
Even if the value is low, having multiple theft convictions can turn a misdemeanor into a felony. That’s why it’s important to take any charge seriously.
Defending Against A Shoplifting Charge In Arlington
Being arrested doesn’t mean you’ll be convicted. Several defense strategies may apply to your case, depending on the facts.
Here are a few common ones:
Challenging Intent
Your attorney may argue you had no intention to steal, maybe you forgot to pay, got distracted, or mistakenly thought someone else paid. Prosecutors must prove you meant to steal. If intent is unclear, the case can fall apart.
Disputing The Value
Charges are based on the dollar value of the item(s). If that value is wrong or inflated, the charge might be lowered. For example, a felony could be knocked down to a misdemeanor, meaning less jail time and less damage to your record.
Questioning The Evidence
Was the store video clear? Did witnesses actually see what happened? Could they have confused you with someone else? Eyewitnesses make mistakes, and footage can be misinterpreted. Your lawyer may challenge the reliability of the evidence altogether.
Exploring Alternative Resolutions
If this is your first offense, you may qualify for deferred prosecution programs, probation, or community service. These options can keep the conviction off your record if you meet the terms successfully.
Frequently Asked Questions About Shoplifting In Arlington
Can I Get This Off My Record?
Possibly. If your case is dismissed or you complete a diversion program, you may be eligible for expungement or nondisclosure (record sealing). Talk to your attorney about timing and eligibility.
What Should I Do If I’m Accused In A Store?
Stay calm. Do not try to explain or argue with store employees or police. Ask to speak with an attorney, and don’t answer questions until you do. What you say can be used in court.
How Do Past Convictions Affect The Current Charge?
A previous theft conviction can increase your current charge, even if the new item’s value is small. For example, a $20 item could lead to a Class B or A misdemeanor if you’ve been in trouble before.
Will I Have To Go To Court For Shoplifting?
Yes, most shoplifting charges require at least one court appearance. Missing your court date can lead to a warrant for your arrest, so it’s important to show up and show up with legal help.
Can Shoplifting Charges Affect My Job Or School?
Absolutely. Many employers and schools run background checks, and even a misdemeanor theft charge can raise red flags. That’s why avoiding a conviction, or sealing your record, is often a top priority.
What If I Didn’t Actually Leave The Store With The Item?
Even if you didn’t walk out, you can still be charged if it looks like you intended to steal. Concealing merchandise or switching tags may be enough to build a case. Your defense will focus on the details and your intent.
You Deserve A Strong Defense
A shoplifting charge doesn’t define you, and it doesn’t have to ruin your future. We’ve seen people in your shoes worried about jail time, their record, or what this could mean for their family.
At Arlington Criminal Attorneys, we take that weight off your shoulders. We’ll review every part of the case, footage, witness statements, store reports, and fight to protect your rights. Whether that means seeking dismissal, negotiating alternatives, or challenging the evidence, we’ll work with urgency and purpose.
If you’ve been charged with shoplifting in Arlington, now’s the time to protect yourself. Schedule a confidential case evaluation with Arlington Criminal Attorneys today. It may be the first step toward putting this behind you.
