Plano Shoplifting Lawyer

Defending Plano & Collin County Since 1995, with 7,500+ Cases Handled Personally

A shoplifting charge in Texas is more than a minor inconvenience. A conviction under Texas Penal Code § 31.03 creates a permanent criminal record that can follow you into job applications, housing decisions, and professional licensing. At the Law Office of Mac Morris, Attorney Bryan Mac Morris has been defending criminal cases in Plano and Collin County since 1995, personally handling each matter without delegating to associates or paralegals. With more than 7,500 criminal matters handled in the Texas court system, he brings direct, court-tested experience to every shoplifting case we take on.

We represent clients facing shoplifting charges across the full range, from Class C misdemeanors to felony-level retail theft crimes. The sooner you act, the better our opportunity to preserve evidence and identify possible dismissal or reduction options.

Call us today at (972) 846-8214 to schedule a free initial consultation with our shoplifting attorney in Plano.

What Is Shoplifting Under Texas Law?

Shoplifting, also known as retail theft, is prosecuted under Texas Penal Code § 31.03, which covers all theft offenses in Texas. There is no separate shoplifting statute. The offense occurs when a person unlawfully appropriates merchandise with intent to permanently deprive the owner of that property. Covered conduct includes concealing merchandise, altering or switching price tags, switching packaging, disabling anti-theft devices, and under-ringing at a register. Because intent to permanently deprive the owner is a required element of the offense, many defenses center on whether that intent actually existed at the time of the alleged act.

Penalties for Shoplifting in Texas

The consequences for shoplifting in Texas depend on the value of the property alleged to have been taken and the defendant’s prior criminal history. Charges can range from a minor misdemeanor to a serious felony conviction. The full tier structure under Texas Penal Code § 31.03(e) is:

Misdemeanor shoplifting charges:

• Class C Misdemeanor: Property valued at less than $100. Penalties include a fine of up to $500 and no jail time.
• Class B Misdemeanor: Property valued from $100 to less than $750. Conviction can result in up to 180 days in county jail and a fine up to $2,000.
• Class A Misdemeanor: Property valued from $750 to less than $2,500. Conviction carries up to one year in county jail and a fine up to $4,000.

Felony shoplifting charges:

• State Jail Felony: Property valued from $2,500 to less than $30,000. Penalties range from 180 days to 2 years in state jail and a fine up to $10,000.
• Third-Degree Felony: Property valued from $30,000 to less than $150,000. Conviction can result in 2 to 10 years in prison and a fine up to $10,000.
• Second-Degree Felony: Property valued from $150,000 to less than $300,000. Conviction may result in 2 to 20 years in prison and a fine up to $10,000.
• First-Degree Felony: Property valued at $300,000 or more.

Prior theft convictions can push a charge into a higher tier. A single prior theft conviction of any grade elevates a sub-$100 incident to a Class B misdemeanor. Two or more prior theft convictions can elevate any charge valued under $2,500 to a state jail felony, regardless of the current dollar amount. Paying a fine without contesting the charge is treated as a conviction and results in a permanent criminal record.

Consequences Beyond the Courtroom

The immediate penalties are only part of what a shoplifting conviction costs. A theft conviction, including a misdemeanor, creates a permanent criminal record that shows up on background checks. Many employers treat theft as a crime of moral turpitude and may deny employment based on a shoplifting conviction alone. The downstream effects can reach housing applications, professional licensing, eligibility for certain loans or government assistance, and immigration status for non-citizens.

A conviction can also affect college admissions decisions and financial aid eligibility. These are the real stakes behind even a low-value charge, and they’re why contesting it may be worth pursuing. For eligible first-time offenders in Collin County, deferred adjudication may be available. Successful completion of a deferred adjudication term can result in dismissal and may open a path to nondisclosure, which seals the record from most background checks. We can evaluate whether that option or another resolution may apply to your situation.

Defenses Against Shoplifting Charges in Plano

Every shoplifting case turns on its own facts. Attorney Mac Morris evaluates the specific circumstances of each client’s situation and builds a defense strategy around them. He handles each case personally, so you work directly with him throughout the process. Common defense approaches include:

• Lack of Intent: The prosecution must prove beyond a reasonable doubt that the defendant intended to permanently deprive the store of its property. Without that intent, there is no theft under Texas law.
• Mistaken Identity: Surveillance footage and witness identifications are fallible. Where there is insufficient proof linking a specific person to the act, that identification can be challenged directly.
• Insufficient Evidence: The reliability of surveillance footage, store security procedures, and witness testimony can all be contested when the evidence doesn’t hold up to scrutiny.
• Illegal Search and Seizure: Evidence obtained in violation of a defendant’s Fourth Amendment rights may be suppressible. If the stop, search, or detention wasn’t lawful, we can challenge the admissibility of what was found.
• Owner Consent: If the store owner consented to the defendant taking the property, no theft occurred under the statute.
• Coercion: If the defendant was threatened or coerced into taking the item, charges may be subject to reduction or dismissal.

Attorney Mac Morris builds each defense around the specific facts of your case. His goal is to pursue the best available outcome under the circumstances, directly and without handoffs.

Talk to a Plano Shoplifting Attorney Today

Shoplifting charges require immediate attention. The longer you wait, the narrower your options may become. Law Office of Mac Morris offers a free initial consultation, reasonable payment plans, and accepts most major credit cards. We serve clients throughout Plano and Collin County, and Attorney Mac Morris handles every case personally from start to finish.

Call (972) 846-8214 or contact us online to schedule your free consultation with a shoplifting attorney in Plano.