Most people arrested for shoplifting think the same thing: it’s a minor charge, probably just a fine, not a big deal in the long run. That’s rarely true. Under Texas law, theft — including shoplifting — is classified as a crime of moral turpitude. That’s a legal category that signals dishonesty or moral failing to employers, professional licensing boards, and immigration authorities. The value of what was taken determines the charge level. The nature of the offense determines how it follows you.
I’ve been defending theft cases in Plano and throughout Collin County since 2013. The element the State has to prove — and the one I’m looking at first in every case — is intent. Let me walk you through how these cases actually work.
Theft Charge Levels in Texas — Penalty Tiers by Value
Value Under $100
Fine only — up to $500, no jail time. Most minor shoplifting cases start here. There’s no jail exposure, but a guilty plea is still a criminal conviction on your record — and it’s still a crime of moral turpitude.
Value $100 – $750
Up to 180 days in county jail and a fine up to $2,000. A single retail item in this range — a piece of clothing, electronics, groceries — puts you in Class B territory. This is the most common shoplifting charge level.
Value $750 – $2,500
Up to 1 year in county jail and a fine up to $4,000. This range covers mid-level retail theft and multiple-item cases. Theft of a firearm is also a Class A regardless of the gun’s value.
Value $2,500 – $30,000
180 days to 2 years in a state jail facility, up to a $10,000 fine. A conviction here is a felony on your record. Unauthorized use of a motor vehicle (§31.07) also lands at this level — regardless of the vehicle’s value.
Value $30,000 – $150,000
2 to 10 years in prison, up to a $10,000 fine. Getting here doesn’t always mean stealing something worth $30,000 outright. The State can aggregate multiple smaller thefts — if they’re part of one continuous scheme — to hit this threshold.
Value $150,000 – $300,000
2 to 20 years in prison, up to a $10,000 fine. This range applies to large-scale theft operations and high-value property crimes. Organized retail theft schemes can reach this level when multiple participants or repeated conduct are involved.
Value $300,000 or More
5 to 99 years or life in prison, up to a $10,000 fine. First-degree theft is serious felony territory. It typically involves either an exceptionally high-value theft or aggregated charges the State has stacked across multiple incidents treated as one continuous scheme.
What Can Make the Charge Worse
Several factors under §31.03 can push a theft charge to the next penalty tier — regardless of the dollar value involved:
- Elderly victim (65 or older) — automatic enhancement to the next charge level
- Public servant or government contractor — enhanced when the theft is connected to their government role
- Nonprofit organization — enhanced if you knowingly stole from a nonprofit
- Shielding or deactivating device — enhanced for using equipment designed to defeat retail anti-theft systems
- Catalytic converter theft while armed — enhanced under legislation specifically targeting organized catalytic converter theft
- Critical infrastructure materials (copper, brass, aluminum) — felony-level treatment for materials stolen from utilities or public infrastructure
Under §31.09, the State can combine the value of multiple separate thefts if they were committed against the same victim as part of one scheme or continuing course of conduct. Three separate $500 shoplifting incidents at the same store could be aggregated into a single $1,500 charge — bumping a Class B into a Class A. If the pattern keeps going, the total can reach felony thresholds. This is critical for anyone with multiple prior incidents at the same retailer.
Why “Just a Shoplifting Charge” Is Never Just That
The label “crime of moral turpitude” is what makes theft different from most other misdemeanors. It signals dishonesty — and that signal travels.
Professional Licenses
If you hold or are pursuing a license in nursing, real estate, law, teaching, pharmacy, or financial services, a theft conviction can trigger disciplinary proceedings, suspension, or denial of licensure. Licensing boards treat crimes of moral turpitude differently than other criminal history. They’re not just looking at whether you went to jail — they’re looking at the nature of the offense. Theft is exactly what they care about.
Immigration Consequences
For non-citizens, a theft conviction — even a misdemeanor — can be treated as a crime of moral turpitude under federal immigration law, potentially affecting visa status, green card applications, and naturalization. The specific consequences depend on the charge level, prior record, and immigration status. If you’re not a U.S. citizen, that’s something I need to know before we talk about how to resolve the case.
The Expungement Problem
A theft conviction stays on your record permanently. Texas does not allow expungement of convictions. The only way to eventually seal a theft case is if it ends without a conviction — a dismissal, an acquittal, or deferred adjudication probation that you complete. How the case resolves matters as much as the outcome itself.
Background Checks
Employers, landlords, professional schools, and licensing boards run background checks. A misdemeanor theft conviction — especially one flagged as moral turpitude — can cost you an opportunity before you ever get to explain your side.
How I Defend Theft Cases
The State has to prove you intentionally or knowingly took property with the intent to deprive the owner of it. That element — intent to deprive — is where I look first in every theft case I take.
Intent Disputes
A customer who forgot to scan an item at self-checkout. Someone who walked out distracted. A genuine ownership dispute over property. None of those are theft under the statute if there was no intent to deprive. I look at every fact that speaks to whether criminal intent was actually present — because if that element is shaky, the State’s case is shaky.
Valuation Challenges
The penalty tier depends entirely on the value of the property taken. How the State calculates that value matters. Was retail value used? Replacement cost? Fair market value? Pushing back on an inflated valuation can mean the difference between a felony and a misdemeanor charge.
Aggregation Challenges
If the State is trying to combine multiple incidents into a higher charge, I look closely at whether the legal requirements for aggregation are actually satisfied. Were these incidents truly one continuous scheme against the same victim — or is the State manufacturing a felony by stringing together separate events?
Constitutional Issues
Loss prevention officers are not police. They have limited authority, and even police can’t conduct an unlawful stop, search, or detention. If evidence was obtained in violation of your rights — an improper search, an unlawful detention — I’ll challenge it. That’s the State’s problem to deal with, not yours to ignore.
Deferred Adjudication
For clients with no prior theft history who want to protect their record, deferred adjudication probation is often worth pursuing. Complete the terms and there’s no conviction — and a theft case that ends with deferred adjudication can potentially be sealed from your record through a petition for nondisclosure, depending on the charge level and your history. I’ll tell you straight whether that path makes sense in your situation.
Frequently Asked Questions About Theft Charges in Texas
Is shoplifting the same as theft under Texas law?
Yes. Texas has a single unified theft statute (§31.03) that covers shoplifting, theft by check, service theft, keeping borrowed property, and several other acts. “Shoplifting” isn’t a separate charge — it’s prosecuted as theft, with penalties determined by the value of what was taken.
Can I get a theft charge expunged in Texas?
Only if the case ends without a conviction. A conviction — even a Class C misdemeanor — stays on your record permanently. Expungement is available for arrests that result in dismissal or acquittal. Deferred adjudication can lead to a petition for nondisclosure, but expungement requires a non-conviction outcome. How the case resolves is the whole ballgame.
What if I genuinely forgot to pay — it wasn’t intentional?
Intent to deprive is a required element the State must prove. An honest mistake — forgetting to scan an item, walking out distracted, a genuine misunderstanding — is a real defense under the statute. Whether it’s viable in your case depends on the specific facts: how the incident was captured on video, what loss prevention said and did, whether any statements were made during the stop. The defense exists; whether it applies to your situation is worth talking through.
I have a prior theft conviction. How does that affect my current case?
Prior theft incidents against the same victim could be aggregated with your current charge to reach a higher penalty tier. Prior convictions can also affect sentencing ranges and how prosecutors approach plea offers. This is exactly the kind of history I need to know upfront so I can give you a straight answer about what you’re actually facing.
What’s organized retail theft, and how is it different from a regular theft charge?
Organized retail theft (§31.16) is a separate, enhanced offense that applies when theft involves multiple people acting together, receiving stolen merchandise knowing it was stolen, or repeated theft from the same retailer within 180 days. It carries its own enhanced penalty tiers beyond what straight §31.03 would produce. A basic shoplifting case is §31.03; if the State alleges coordination or a repeat pattern, it can escalate quickly.
Do I need a lawyer for a misdemeanor theft charge?
That depends on what you want to happen to your record. If the only goal is to close the case fast, you can do that without me. But if you care about keeping a conviction off your record — and you should, given the moral turpitude consequences for jobs and professional licenses — having someone who knows how Collin County prosecutors handle theft matters. I defend theft cases throughout Collin County and offer a free consultation. Reach out and we can talk through your situation.
Serving All of Collin County
I defend clients throughout Collin County, including:
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