Shoplifting and Theft Charges in Houston: What to Ask About Misdemeanor and Felony Allegations

Penal Code § 31.03 addresses unlawful appropriation of property with intent to deprive the owner. Chapter 31 consolidates several forms of theft, including what people commonly call shoplifting. A missing receipt, a disputed transaction, or a store's description of an event should be evaluated against the actual allegation rather than treated as a complete legal conclusion.

Tell counsel what happened from arrival through departure, including any purchase, attempted payment, return, or interaction with staff. Bring receipts, order confirmations, banking records, and any notice or statement you received. If you disagree with an identification or account, explain why and identify existing records that could help the attorney assess it.

Texas theft grading often depends on value, but § 31.03 contains exceptions involving matters such as certain property and prior theft convictions. A common value-based dividing line is $2,500: absent an applicable exception, theft of property valued at $750 or more but less than $2,500 is a Class A misdemeanor, while $2,500 or more but less than $30,000 is a state jail felony.

Do not use that illustration to classify your own case without reviewing the documents. Ask how the claimed value was calculated, whether multiple items or events are included, and whether an enhancement or exception is alleged. Provide accurate information about prior cases, including their dispositions, so counsel can investigate rather than rely on an incomplete history.

Ask what store video, loss-prevention material, witness accounts, and transaction data may exist. If your account involves a checkout error, return, mixed purchase, or mistaken identity, explain the complete sequence instead of isolating one favorable moment. The attorney may need to compare a recording with receipts, timestamps, and what a witness actually observed.

Preserve the records you lawfully have, and tell counsel promptly about material held by someone else. Do not alter an account history, delete messages, or return to confront staff or witnesses. Article 39.14 governs discoverable criminal-case material; your lawyer can explain the appropriate process and what material remains to be obtained.

Texas has a Theft Liability Act in Civil Practice and Remedies Code chapter 134. If a retailer or another party sends a demand for money, provide the entire letter and envelope to your attorney. Ask what the demand concerns, whether it requires a separate response, and whether the proposed representation includes that work.

Do not assume paying a demand, returning property, or receiving a store employee's assurance dismisses a criminal charge. Article 32.02 addresses dismissal by the state's attorney with judicial permission. Before communicating about repayment or signing a statement, ask how the proposed action could affect the criminal defense and any separate civil issue.

Ask the lawyer to explain the allegation in plain language, the evidence needed to assess it, and your immediate court or release obligations. Discuss potential consequences for work, professional licensing, school, or immigration status when relevant. Eligibility for any particular disposition or record-related relief requires an individual review; it should not be assumed from a first arrest or a low property value.

The Law Office of Claudia Lopez, PLLC represents Houston-area clients facing theft and property-crime allegations. Claudia works directly with clients in English and Spanish. Bring the paperwork, your questions, and an honest account so the consultation can focus on the case you actually face.