Fort Bend Shoplifting Lawyer: Experienced Criminal Defense

Shoplifting in Texas is prosecuted as theft under Penal Code Section 31.03, with penalties determined by the value of merchandise stolen. Charges range from Class C misdemeanors for items under $100 to state jail felonies for merchandise valued between $2,500 and $30,000.

Fort Bend County prosecutes shoplifting cases in the County Courts at Law for misdemeanors and Criminal District Courts for felonies, with pretrial diversion programs available for eligible first-time offenders that can result in complete case dismissal.

At Varghese Summersett, our lead Fort Bend shoplifting attorney, Mike Hanson, understands that a shoplifting charge — even for low-value merchandise — creates serious consequences beyond criminal penalties. Theft convictions are crimes of moral turpitude that may appear on background checks and affect employment, professional licensing, and housing opportunities.

We’ve successfully defended clients throughout Fort Bend County by negotiating pretrial diversion, challenging evidence and valuations, and securing dismissals that protect our clients’ records and futures. In this article, In this article, we explain how shoplifting charges work in Fort Bend County, the penalties you may face, the defenses available, and how an experienced Fort Bend shoplifting lawyer can help you protect your record and your future.

But first, please watch this video by Board Certified Criminal Defense Lawyer Benson Varghese.

Understanding Texas Shoplifting Law

Texas doesn’t have a separate “shoplifting” statute. Instead, retail theft is charged under Chapter 31 of the Texas Penal Code, primarily Section 31.03 which defines theft as unlawfully appropriating property with intent to deprive the owner.

This broad definition covers all common shoplifting scenarios including concealing merchandise in bags, purses, or clothing; switching price tags or labels to pay less than the actual price; consuming food or drinks in the store without paying; walking out with merchandise without paying; and returning stolen items for cash or credit.

The key elements prosecutors must prove are that you unlawfully appropriated property, meaning you took it without the owner’s effective consent, and that you intended to deprive the owner of the property.

Accidentally walking out with unpaid merchandise or mistakenly believing you paid for items can provide viable defenses when intent cannot be proven.

Fort Bend Shoplifting Penalties by Value

Texas theft penalties increase dramatically based on merchandise value, making accurate valuation critical to your defense strategy.

Class C Misdemeanor – Under $100

Theft of property valued under $100 constitutes a Class C misdemeanor punishable by fines up to $500 with no jail time. While this may seem minor, Class C convictions still create permanent criminal records that may appear on background checks and affect employment.

Class B Misdemeanor – $100 to $750

Merchandise valued between $100 and $750 results in Class B misdemeanor charges carrying up to 180 days in county jail and fines up to $2,000. Prior theft convictions can enhance Class B charges to higher levels even when current merchandise value remains low.

Class A Misdemeanor – $750 to $2,500

Theft of property worth $750 to $2,500 becomes a Class A misdemeanor, punishable by up to one year in county jail and fines up to $4,000. Most shoplifting cases involving electronics, designer clothing, or multiple items fall into this category.

State Jail Felony – $2,500 to $30,000

When merchandise value reaches $2,500 to $30,000, shoplifting becomes a state jail felony carrying 180 days to 2 years in state jail and fines up to $10,000. Felony theft convictions create substantial obstacles to employment, housing, and professional licensing throughout your life.

Higher-Degree Felonies

Theft of property valued $30,000 to $150,000 constitutes a third-degree felony (2-10 years in prison), $150,000 to $300,000 becomes a second-degree felony (2-20 years), and theft exceeding $300,000 results in first-degree felony charges (5-99 years or life in prison). While rare in typical shoplifting cases, these charges can arise in organized retail theft operations.

Enhanced Penalties and Aggravating Factors

Prior Theft Convictions

Texas enhancement provisions allow prosecutors to elevate charges based on prior theft convictions. A new Class C or Class B theft can be enhanced to a higher-level misdemeanor or even a state jail felony when the defendant has qualifying prior theft convictions. This means a second or third shoplifting offense for items under $100 can still result in jail time and felony records.

Organized Retail Theft

Section 31.16 of the Texas Penal Code targets organized retail theft involving coordination with others to commit theft, repeated thefts from the same retailer within 180 days, or conduct designed to overwhelm store security. Senate Bill 1300, effective September 1, 2025, significantly strengthened organized retail theft penalties and made these cases easier for prosecutors to charge by allowing aggregation of multiple thefts and introducing special valuation rules for retail merchandise including gift cards.

Organized retail theft carries substantially higher penalties than simple shoplifting at the same dollar value. Even participation as a lookout, driver, or fence can result in organized retail theft charges exposing you to enhanced penalties.

Theft from Vulnerable Victims

Shoplifting targeting elderly or otherwise vulnerable persons results in enhanced penalties beyond what merchandise value alone would indicate. Courts treat these cases more seriously and impose harsher sentences even for first-time offenders.

Fort Bend County Shoplifting Procedures

Understanding how Fort Bend County handles shoplifting cases helps you navigate the system and identify opportunities for favorable outcomes.

Arrest and Booking

After shoplifting arrest, you’re transported to Fort Bend County jail for booking where officers record your information, photograph and fingerprint you, and inventory your personal property. You’ll be magistrated by a judge who informs you of charges, your rights to remain silent and to counsel, and sets conditions for release.

Bond and Release

Fort Bend County judges set bond amounts based on charge severity, your criminal history, community ties, and flight risk. Options include surety bonds posted through bondsmen, personal recognizance bonds for low-level offenses with strong community ties, and pretrial bond supervision through Fort Bend Community Supervision and Corrections Department (CSCD) with conditions like drug testing or electronic monitoring.

Fort Bend CSCD operates a Pretrial Bond Supervision Program that monitors defendants before trial to ensure court appearance and compliance with bond conditions.

Court Venues

Misdemeanor shoplifting cases proceed in Fort Bend County Courts at Law located at the Fort Bend County Justice Center, 1422 Eugene Heimann Circle in Richmond. Felony theft cases are assigned to Criminal District Courts at the same Justice Center.

Fort Bend County Pretrial Diversion Program

Fort Bend County offers pretrial intervention programs allowing eligible defendants to avoid conviction through successful program completion. These programs provide the best possible outcome — complete case dismissal and eligibility for expunction removing the arrest from your record entirely.

Eligibility Requirements

Pretrial diversion typically targets first-time offenders charged with misdemeanor theft, though some second-time offenders may qualify depending on circumstances and time between offenses. Defendants must acknowledge responsibility for their conduct, demonstrate commitment to rehabilitation, and have no disqualifying prior convictions.

Program Requirements

Fort Bend pretrial diversion for shoplifting cases typically requires completion of anti-theft education classes, payment of program fees (often several hundred dollars), drug screening and compliance with substance abuse conditions if applicable, community service hours, and regular check-ins with supervision officers. Programs can last from several months up to two years depending on charge severity and individual circumstances.

Benefits of Diversion

Successful completion results in case dismissal and no conviction on your record. After dismissal, you become eligible to petition for expunction completely removing the arrest from your criminal history. This outcome is significantly better than deferred adjudication or conviction, making diversion the preferred resolution when available.

Deferred Adjudication Community Supervision

When pretrial diversion isn’t offered, defendants may seek deferred adjudication community supervision. Under deferred adjudication, you plead guilty or no contest, but the court defers finding you guilty and places you on community supervision (probation). If you successfully complete probation terms, the case is dismissed and you’re never convicted.

However, deferred adjudication differs from pretrial diversion in important ways. The arrest and deferred adjudication remain on your record even after successful completion. While you can later seek an order of nondisclosure to seal the record from public view, deferred adjudication counts as a prior conviction if you’re arrested for theft again. Violations of deferred adjudication terms can result in the court finding you guilty and imposing the full range of punishment for the original offense.

Civil Consequences of Shoplifting

Beyond criminal penalties, shoplifting creates civil liability. Texas Civil Practice and Remedies Code Section 134.005 allows retailers to bring civil claims seeking actual damages, court costs, attorney’s fees, and statutory civil penalties up to $1,000 from adult shoplifters (higher limits apply when parents are liable for minor children’s conduct).

Many retailers send civil demand letters requesting payment to settle potential civil claims. These letters typically demand several hundred dollars regardless of merchandise value. Deciding whether to pay civil demands requires careful consideration of how payment might affect your criminal defense. Consult with your attorney before paying or responding to civil demand letters—payments can be construed as admissions of guilt strengthening the criminal case against you.

Long-Term Consequences of Shoplifting Convictions

Employment Impact

Theft convictions appear on criminal background checks and create significant employment barriers. Employers view shoplifting as a crime of moral turpitude—an offense involving dishonesty or fraud. Many industries automatically disqualify applicants with theft convictions including retail and cash-handling positions, banking and financial services, healthcare and pharmaceutical industries, government employment, positions requiring security clearances, and licensed professions.

Professional Licensing Consequences

Texas licensing boards take theft convictions seriously. Nurses, teachers, real estate agents, insurance agents, attorneys, accountants, and other licensed professionals face license suspension, revocation, or denial based on theft convictions. Licensing boards view theft as directly reflecting on character and fitness to practice, often imposing discipline even for misdemeanor convictions.

Housing and Immigration Issues

Theft convictions can result in denial of public housing assistance and create difficulties securing private housing when landlords conduct background checks. For non-citizens, theft convictions can trigger removal proceedings, prevent naturalization, or bar reentry to the United States. Even minor shoplifting can constitute a crime involving moral turpitude under federal immigration law with severe consequences.

Common Defenses to Fort Bend Shoplifting Charges

A skilled Fort Bend shoplifting lawyer understands that an arrest does not equal guilt. Texas prosecutors must meet strict legal requirements to secure a conviction, and many shoplifting cases contain weaknesses that can be challenged effectively. From proving intent to questioning store procedures and evidence handling, several defenses may apply depending on the facts of your case. Below are some of the most common and effective defenses used to fight Fort Bend shoplifting charges and protect your record, freedom, and future.

Lack of Intent

Theft requires intent to deprive the owner of property. If you accidentally walked out with merchandise, genuinely believed you paid for items, or mistakenly thought someone else in your group paid, you lack the required mental state for theft. Demonstrating absence of intent can result in case dismissal.

Mistaken Identity

Store security and loss prevention personnel sometimes misidentify shoplifters, particularly in crowded stores or when relying on surveillance footage. Challenging identification through alibi evidence, questioning the reliability of witness observations, or demonstrating you weren’t present when theft occurred provides viable defenses.

Insufficient Evidence

Prosecutors must prove every element of theft beyond reasonable doubt. Challenging the quality of surveillance footage, the accuracy of loss prevention testimony, or gaps in the evidence chain can create reasonable doubt resulting in acquittal or dismissal.

Challenging Valuation

Since penalties depend entirely on merchandise value, challenging retailer valuations becomes critical. Retailers often claim full retail prices for items they purchased wholesale. Expert testimony, purchase records, and proof of actual wholesale costs can reduce charge levels significantly when inflated valuations are challenged effectively.

Illegal Search and Detention

Store security personnel have limited authority to detain suspected shoplifters. If loss prevention officers exceeded their legal authority, used excessive force, or conducted unlawful searches, evidence obtained may be suppressed. Similarly, police searches without proper warrants or probable cause can result in evidence suppression often leading to case dismissal.

Civil Dispute vs. Criminal Theft

Some shoplifting accusations actually involve civil disputes over returns, billing errors, or legitimate disagreements about payment. When circumstances suggest a civil matter rather than criminal intent to steal, framing the case as a misunderstanding or billing dispute rather than theft can result in dismissal.

What to Do After a Shoplifting Arrest

Your actions immediately after arrest significantly impact your case outcome and available defense options.

Exercise your right to remain silent. Be polite with store security and police, but do not discuss the merchandise, why you took it, or any other details about the incident. You cannot talk your way out of arrest, and statements you make will be used against you in court.

Do not make statements to store security. Loss prevention officers often conduct interviews attempting to obtain admissions. Politely decline to answer questions and request an attorney. Store security recordings of these interviews become prosecution evidence.

Request an attorney immediately. Contact a Fort Bend shoplifting lawyer as soon as possible after arrest, ideally before your first court appearance. Early attorney involvement creates opportunities for diversion, dismissal, and evidence preservation that disappear as time passes.

Gather helpful evidence. Collect receipts, bank statements, credit card records, and contact information for any witnesses who can support your account. Document everything you remember about the incident while details remain fresh.

Avoid social media. Do not post about your arrest, the store, or the incident on social media. Prosecutors review social media profiles, and posts can be used as evidence against you or damage your credibility.

Track court dates and bond conditions. Missing court appearances or violating bond conditions creates additional charges and eliminates favorable resolution options. Maintain strict compliance with all bond requirements.

The Importance of Hiring an Experienced Fort Bend Shoplifting Lawyer

Even first-time shoplifting charges for low-value merchandise require experienced legal representation. The consequences extend far beyond immediate penalties—theft convictions create permanent records affecting employment, licensing, and opportunities throughout your life.

An experienced Fort Bend shoplifting lawyer provides critical advantages. They evaluate your case for viable defenses including lack of intent, mistaken identity, insufficient evidence, and illegal detention. They negotiate with Fort Bend County prosecutors for pretrial diversion when you qualify, securing case dismissals and expunction eligibility. They challenge merchandise valuations that inflate charge levels beyond what evidence supports. They suppress illegally obtained evidence from unlawful searches or detentions. They prepare comprehensive defense strategies for trial when cases don’t settle favorably.

Local experience matters significantly. Fort Bend County has specific diversion programs, court procedures, and prosecutor tendencies that attorneys practicing regularly in the county understand and use to advantage their clients. Mike Hanson’s experience as a former Fort Bend prosecutor means he knows both sides of the process and helps secure favorable outcomes for shoplifting defendants.

Recent Legal Updates Affecting Shoplifting Cases

Texas continues strengthening retail theft enforcement through legislation targeting organized operations and repeat offenders. Senate Bill 1300, effective September 1, 2025, made significant changes to organized retail theft law under Section 31.16 including broadening definitions of organized retail theft to capture more coordinated activities, adding special valuation rules for retail merchandise including gift cards, allowing prosecutors to aggregate multiple thefts more easily, and increasing penalties for organized retail theft beyond simple theft at comparable values.

These changes mean conduct that previously resulted in Class C misdemeanor charges can now be prosecuted as jailable misdemeanors or felonies when prosecutors allege organizational or repeated elements. The stakes for shoplifting charges have increased substantially, making experienced legal representation more critical than ever.

Common FAQs About Shoplifting and Theft Charges in Texas and Fort Bend

Is shoplifting a felony or misdemeanor in Texas? Shoplifting can be either, depending on merchandise value. Items under $2,500 result in misdemeanor charges (Class C for under $100, Class B for $100-$750, Class A for $750-$2,500). Merchandise valued $2,500 or more becomes a felony, with state jail felony for $2,500-$30,000 and higher-degree felonies for greater values.

Will I go to jail for a first shoplifting offense? Jail time depends on charge level and circumstances. Class C misdemeanors carry no jail time, only fines. Class B and A misdemeanors can result in jail sentences, though first-time offenders often avoid jail through pretrial diversion or probation. Felony shoplifting carries mandatory prison ranges, though first-time offenders may receive probation instead of incarceration.

Can shoplifting charges be dropped in Fort Bend County? Yes, charges can be dropped through various means including successful completion of pretrial diversion, insufficient evidence or procedural violations, favorable plea negotiations reducing or dismissing charges, or prosecutor declining to pursue cases lacking strong evidence. Experienced legal representation significantly increases dismissal prospects.

What are the penalties for shoplifting under $100? Theft under $100 is a Class C misdemeanor punishable by fines up to $500 with no jail time. However, prior theft convictions can enhance even Class C charges to higher levels. Additionally, Class C convictions still create permanent criminal records affecting employment and background checks.

Can I get a theft charge off my record? If you successfully complete pretrial diversion and your case is dismissed, you can petition for expunction completely removing the arrest from your record. If you receive deferred adjudication and complete probation successfully, you may qualify for an order of nondisclosure sealing the record from public view. Convictions cannot be expunged but may qualify for nondisclosure after waiting periods depending on the offense.

What should I do if I receive a civil demand letter? Consult with your criminal defense attorney before paying or responding. Civil demand letters from retailers request payment to settle potential civil claims, but paying can be construed as an admission of guilt in your criminal case. Your attorney can advise whether payment is appropriate and coordinate timing to protect your criminal defense.

How does organized retail theft differ from regular shoplifting? Organized retail theft under Section 31.16 involves coordination with others, repeated thefts within 180 days, or conduct designed to overwhelm security. Senate Bill 1300 strengthened these provisions effective September 2025. Organized retail theft carries substantially higher penalties than simple shoplifting at the same dollar value and can elevate misdemeanor-level conduct to felony charges.

Why Choose Varghese Summersett

Varghese Summersett brings extensive criminal defense experience to Fort Bend County shoplifting cases. Mike Hanson, our lead Fort Bend attorney who served as a former proscecutor in the county, understands that shoplifting charges—even for low-value items—create serious consequences requiring aggressive defense strategies and thorough understanding of local court systems.

Our approach combines detailed case analysis with strategic advocacy. We investigate circumstances surrounding your arrest, evaluate evidence for weaknesses and constitutional violations, negotiate with Fort Bend County prosecutors for pretrial diversion and favorable dispositions, challenge merchandise valuations and prosecution evidence, and prepare comprehensive trial defenses when cases don’t settle favorably.

We’ve successfully handled numerous shoplifting cases throughout Fort Bend County. Our track record includes protecting clients’ records, avoiding convictions that would have destroyed employment and licensing opportunities, and achieving outcomes that preserve our clients’ futures beyond the immediate case.

Contact a Fort Bend Shoplifting Lawyer Today

Shoplifting charges threaten your criminal record, employment opportunities, professional licensing, and future prospects. Even minor theft accusations require experienced legal representation to protect your rights and achieve outcomes that preserve your record and reputation.

Fort Bend County’s pretrial diversion programs provide excellent opportunities for first-time offenders to avoid convictions, but eligibility and successful completion require proper legal guidance. Don’t risk your future by attempting to navigate the system alone or accepting outcomes worse than necessary.

Call Varghese Summersett today at (281) 805-2220 or contact us online to discuss your case with experienced Fort Bend shoplifting lawyer Mike Hanson. We’ll evaluate your circumstances, explain your options under current Texas law, and develop a defense strategy protecting your freedom, your record, and your future.