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Almost everyone has stolen something. In fact, theft by shoplifting is so common that many polygraph examiners will use a question related to shoplifting as a control question when beginning a lie-detector test. The examiner will assume the person is lying right off of the bat if they deny having ever shoplifted something insignificant like a pack of gum.
Shoplifting or theft in general, is no laughing matter. Shoplifting could be symptomatic of a broader issue, such as substance abuse or a mental health disorder. Parker County shoplifting defense attorney Jeff Hampton understands that shoplifting is a serious offense and must be treated seriously. Attorney Hampton’s tenure as a state prosecutor in Texas helps him evaluate a shoplifting case to see whether the best course of action is to fight the case all the way to trial or resolve the matter with a plea before trial. Attorney Hampton will guide you through the avenues of defense you can pursue and help you understand your options for you and your family.
Texas no longer distinguishes shoplifting from other crimes of stealing. Theft includes shoplifting, embezzlement, theft (larceny), swindling, conversion, theft from a person (which is robbery without force), extortion, and receiving stolen property. All of the individual forms of theft have two things in common: (1) taking someone else’s property without permission and (2) the intention of never giving it back.
Shoplifting is theft in a store. Shoplifting is taking property for sale by the store owner and leaving the store without paying for it or concealing the merchandise with the intention of not paying for the goods. Under Texas’ consolidated theft law, the taking and carrying away of an item for sale in a store and concealment is now called “appropriation.”
Under the law of theft in Texas, appropriation must be made intentionally to deprive the owner of the item the benefit of that item. In the context of shoplifting, the owner cannot sell the item after a person shoplifts it and, as such, the shoplifter deprives the owner of the benefit of the sale. The crime of theft is complete if the appropriate is made without the consent of the property owner. One can assume that a shopkeeper does not consent to shoplifting.
Everyone pays for shoplifting. The cost of shoplifting is figured into the price of the item for sale. That is why the penalties for theft in Texas are substantial. The dollar value of the property shoplifted determines the range of penalties a person faces:
Just going into court and pleading guilty to shoplifting will leave you with a criminal record and can prevent you from finding a job. Additionally, criminal sanctions build on one another. Rarely do courts and prosecutors give a break to people who continue to commit crimes. The collateral consequences are significant. Therefore, it is critical to discuss your case with an experienced criminal defense attorney.
Attorney Jeff Hampton knows that shoplifting is typically a crime committed because of another problem. That problem could be youthful hubris, kleptomania (which is very rare), or fueled by a serious drug addiction. Call Attorney Jeff Hampton today at 817-877-5201 to discuss your Parker County theft case. Attorney Hampton will use his extensive knowledge and experience to defend the case at trial or minimize the sentence you face.