Shoplifting vs. Theft in Texas: What’s the Difference?

"Shoplifting" and "theft" are terms we hear all the time, but are they the same crime? In Texas, the line between these two acts isn't as clear-cut as you might think. We'll explore why one of these is just a common term and how the law truly defines the act of taking property without permission.

Theft in Texas: A Single Statute for Multiple Acts

In Texas, the law uses a single statute to define and prosecute most property crimes: Texas Penal Code § 31.03. This means that whether a person takes a car, steals from a home, or takes an item from a store, they will be charged with theft. The key to the charge is the unlawful appropriation of property with the intent to deprive the owner of it. This covers a wide range of actions and is the legal foundation for all theft cases.

Shoplifting: A Specific Type of Theft

While there is no separate legal charge for "shoplifting," it is the common term used for theft that occurs in a retail setting. Under Texas law, a person who engages in shoplifting is charged with theft.

The specific actions that are considered theft in this context include:

Concealing merchandise in a bag, stroller, or on your person.
Altering, switching, or removing price tags to pay a lower price.
Passing the final point of sale without paying for an item.

Just like any other theft charge, the legal consequences for shoplifting are determined not by the name of the act but by the value of the stolen merchandise. The law looks closely at intent and method, which can significantly affect how a case is prosecuted and the potential penalties.

Statutory Penalties and Consequences

Under Texas law, the severity of a theft charge is almost entirely determined by the value of the property stolen. This single factor dictates whether a person is charged with a misdemeanor or a felony, and it directly influences the potential penalties, from fines to prison time.

Here is a breakdown of the penalty classifications for theft in Texas, based on the value of the stolen property:

Class C Misdemeanor: For property valued at less than $100. The penalty is a fine of up to $500, with no jail time.
Class B Misdemeanor: For property valued between $100 and $750. This offense can lead to up to 180 days in county jail and a fine of up to $2,000.
Class A Misdemeanor: For property valued between $750 and $2,500. This charge carries a penalty of up to one year in county jail and a fine of up to $4,000.
State Jail Felony: For property valued between $2,500 and $30,000. Penalties include 180 days to two years in a state jail and a fine of up to $10,000.
Third-Degree Felony: For property valued between $30,000 and $100,000 or theft of livestock worth $150,000. A conviction can result in a prison sentence of 2 to 10 years and a fine of up to $10,000.
Second-Degree Felony: Property valued at $100,000 and $300,000. Penalty includes 2 to 20 years in prison and a fine of up to $10,000.
First-Degree Felony: Property valued at $300,000 or more. This charge carries a penalty of 5 to 99 years or life imprisonment and a fine of up to $10,000.

In addition to these base penalties, a theft conviction can have long-term ramifications, regardless of the value. A criminal record can create significant hurdles for finding a job, securing housing, or pursuing higher education.

Factors That Influence Charges and Legal Outcomes

Intent: Courts differentiate between accidental actions and deliberate theft. Showing a lack of intent can reduce the severity of charges or lead to dismissal.
Evidence and Witnesses: Evidence quality and witness credibility play major roles. Solid video footage or reliable testimony can secure convictions, while weak evidence can work in your favor.
Plea Deals and Alternatives: Plea agreements can reduce penalties, shift sentencing to community service, or create opportunities for educational programs.

Legal Defenses and Rights of the Accused

Defending against theft charges often involves showing no criminal intent, such as proving the act was a mistake or that the person believed the property was theirs. Lawyers may also challenge the way evidence was collected, point out errors in the arrest process, or question the reliability of witnesses. In some cases, disputes over ownership or proof of consent can weaken the prosecution’s case and lead to reduced or dismissed charges.

Criminal Defense Attorneys

Facing theft charges in Corpus Christi, TX, requires skilled legal representation to protect your rights—contact Robert J. Gonzalez, Attorney At Law for dedicated criminal defense services and personalized guidance to navigate your case.

Call (361) 309-9332 today.