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Read MorePosted by: Fickman Criminal Defense
Category: Shoplifting
When facing shoplifting charges, it can be easy to brush it off and think that the charges against you are anything but serious. After all, how bad can the penalties for swiping something from a store be?
In Texas, theft charges of any type can be severe. Even a charge of misdemeanor theft can significantly impact your life since it’s considered a crime of moral turpitude. A conviction can put your personal and professional life in peril.
Every Texan must understand why shoplifting charges are so severe so they can understand why it’s always in their best interest to have an experienced attorney to represent them in these matters.
In Texas, shoplifting is considered theft when someone unlawfully takes property belonging to another person to permanently deprive the rightful owner of that property. Theft is considered a misdemeanor when the value of the property in question is $2,500 or less, but if the item gets valued at more than that, you face felony theft charges.
Theft in Texas gets classified into several distinct classes.
Property valued at $100 or less is considered Class C theft. It is penalized by the order to pay a fine that does not exceed $500. You will not be required to serve jail time, but it goes on your criminal record for life.
For property worth between $100 and $750, it is valued at less than $100 but is the second or subsequent offense for the accused, or if the theft was of a driver’s license or some other identification card, then it is a Class B misdemeanor in Texas.
If convicted of Class B misdemeanor theft in Texas, you face fines of as much as $2,000 and up to 180 days in jail.
For the theft of property valued between $750 and $2,500, you risk a Class A misdemeanor – the most severe misdemeanor in the state. If found guilty, you can face up to 12 months in jail and be responsible for paying fines of as much as $4,000.
If you are found guilty of shoplifting items valued between $2,500 and $30,000, you face penalties for a state jail felony. A conviction can result in as many as two years in state jail and fines of as much as $10,000.
An item between $30,000 and $150,000 will be a third-degree felony. The penalties for this crime can include ten years behind bars and fines of $10,000.
If you get convicted of stealing items valued between $150,000 and $300,000, you face up to 20 years of imprisonment and fines of $10,000.
Any item valued at $300,000 or more will result in a first-degree theft charge. The penalties include up to 99 years in prison and fines of $10,000.
It’s vital to note that there are some exceptions to the value of stolen items. If the item is livestock or a firearm, then the misdemeanor is automatically upgraded to a state jail felony. Additionally, anyone found guilty of theft in the state can get ordered to pay damages and restitution to the victim, as well as civil penalties.
The client, a Houston area medical assistant, was accused by her estranged husband of assaulting her in her family home. The defense showed that the complainant had a history of alcohol abuse and violence. The defense demonstrated that the police failed to conduct an adequate investigation of the initial charge, No charges should have ever been accepted.
The client believed to be facing potential Wire Fraud Charges related to SBA PPP loan applications. Investigation of applications for PPP loans and PPP forgiveness demonstrated that the Client had at all times acted in a lawful manner. Investigation demonstrated no fraud was committed by the client. Case closed.
Client was charged by Federal Indictment with making a social media post that threatened Malicious Damage and Destruction of a Building by Means of Fire and Explosives in violation of Federal law. The Defense showed that Client was a law-abiding citizen. The Defense further showed that the alleged threat was not made with any criminal intent.
The client, a public official with a long history of public service, was accused by a former girlfriend of engaging in non-consensual sexual relations. The Defense investigation and analysis showed through a detailed timeline that the allegation made absolutely no sense. Phone records, including calls and texts, were relied on to help establish an accurate timeline. The Defense met with law enforcement and reviewed a detailed package that exonerated the accused.
The client, a young Black male, was driving his car when police pulled him over for no apparent reason. It looked to be a profile stop. The client was accused of possessing a controlled substance in his vehicle. The Defense showed that there was no lawful basis for the police to stop the Client’s car. The Defense also showed that there was no lawful basis for the search of the Client’s car. It was a bad search, so the seized evidence was not admissible.
Client charged in Federal Indictment In “Operation Wrecking Ball” with 55 named co-defendants. Client faced seven charges. Client was charged with Conspiracy to Distribute Cocaine and Conspiracy to Engage in Money Laundering. Client was also charged with four counts of Distribution of Cocaine and one count of Money laundering.
Allegations involved client’s alleged use of his home to distribute cocaine. Government’s lengthy investigation involved numerous wiretaps, surveillance, video, pole cams, search warrants, vehicle stops and use of cooperating co-defendants.
Client went to trial with four remaining defendants. After a two-week trial, Judge granted Motion for Acquittal on four of the seven charges. Jury found Client Not Guilty of remaining three charges.
Client charged in Federal Court with two counts of Wire Fraud related to Five SBA EIDL loan applications. The Government alleged the client, a Houston professional, defrauded the Small Business Administration out of over $150,000. The Government also found the intended loss was over half a million dollars. The Client faced up to 20 years in prison on each count. The Defense investigated the case and negotiated a deal that included the Government not opposing a probation. The Federal Guideline calculation was for a prison sentence and the Probation Department recommended a prison sentence. Attorney Fickman submitted a 90 page Defense Sentencing Memorandum asking for Probation.
The client, a Houston area medical assistant, was accused by her estranged husband of assaulting her in her family home. The defense showed that the complainant had a history of alcohol abuse and violence. The defense demonstrated that the police failed to conduct an adequate investigation of the initial charge, No charges should have ever been accepted.
The client believed to be facing potential Wire Fraud Charges related to SBA PPP loan applications. Investigation of applications for PPP loans and PPP forgiveness demonstrated that the Client had at all times acted in a lawful manner. Investigation demonstrated no fraud was committed by the client. Case closed.
Client was charged by Federal Indictment with making a social media post that threatened Malicious Damage and Destruction of a Building by Means of Fire and Explosives in violation of Federal law. The Defense showed that Client was a law-abiding citizen. The Defense further showed that the alleged threat was not made with any criminal intent.
The client, a public official with a long history of public service, was accused by a former girlfriend of engaging in non-consensual sexual relations. The Defense investigation and analysis showed through a detailed timeline that the allegation made absolutely no sense. Phone records, including calls and texts, were relied on to help establish an accurate timeline. The Defense met with law enforcement and reviewed a detailed package that exonerated the accused.
The client, a young Black male, was driving his car when police pulled him over for no apparent reason. It looked to be a profile stop. The client was accused of possessing a controlled substance in his vehicle. The Defense showed that there was no lawful basis for the police to stop the Client’s car. The Defense also showed that there was no lawful basis for the search of the Client’s car. It was a bad search, so the seized evidence was not admissible.
Client charged in Federal Indictment In “Operation Wrecking Ball” with 55 named co-defendants. Client faced seven charges. Client was charged with Conspiracy to Distribute Cocaine and Conspiracy to Engage in Money Laundering. Client was also charged with four counts of Distribution of Cocaine and one count of Money laundering.
Allegations involved client’s alleged use of his home to distribute cocaine. Government’s lengthy investigation involved numerous wiretaps, surveillance, video, pole cams, search warrants, vehicle stops and use of cooperating co-defendants.
Client went to trial with four remaining defendants. After a two-week trial, Judge granted Motion for Acquittal on four of the seven charges. Jury found Client Not Guilty of remaining three charges.
Client charged in Federal Court with two counts of Wire Fraud related to Five SBA EIDL loan applications. The Government alleged the client, a Houston professional, defrauded the Small Business Administration out of over $150,000. The Government also found the intended loss was over half a million dollars. The Client faced up to 20 years in prison on each count. The Defense investigated the case and negotiated a deal that included the Government not opposing a probation. The Federal Guideline calculation was for a prison sentence and the Probation Department recommended a prison sentence. Attorney Fickman submitted a 90 page Defense Sentencing Memorandum asking for Probation.
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