When most people think of shoplifting, they think of someone sneaking an unpurchased item out of a store with no intention of paying. This is certainly one type of theft, a crime that is described in Texas law as taking possession of, carrying away, or transferring any merchandise “with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession.” However, there are other types of actions that could result in a theft charge, some of which might surprise you. These include:
Altering or removing price tags: It’s a crime to tamper with price tags, e.g. switching price tags so that you are able to purchase merchandise at less than its retail value.
Transferring merchandise to a container with the intention of theft: This might include hiding merchandise inside of a larger purchased item to avoid paying for it.
Under-ringing: It’s not just shoppers who can be charged with retail theft; it’s a crime for a cashier or other employee to under-ring merchandise with the intention of depriving the merchant of the full retail value.
Removing a shopping cart from the premises: Although it might seem harmless, taking a shopping cart off of a merchant’s premises without express permission is considered a form of retail theft.
Using theft detection devices: If you’re caught with devices that could be used to sneak merchandise through security without triggering an alarm, that device could be used as evidence against you.
Obtaining unauthorized control over property in order to permanently deprive the owner of its use: For example, if you signed a lease to rent a new car but then drove off and never made any payments, you would face a very serious criminal charge.
The charges you face will hinge on the specific circumstances of your case and the retail value of the items you allegedly stole. In Texas, retail theft is generally considered a misdemeanor if the total retail value of the allegedly stolen merchandise is under $300 and a felony if it’s over that amount. No matter what the circumstances or the specific charges brought against you, Thad Davidson is prepared to provide the best possible defense in your retail theft case.
