Shoplifting

Shoplifting Attorney in Georgetown, TX

Former Prosecutors Defending Retail Theft Charges in Williamson County

A shoplifting charge in Texas follows you. Even a low-level misdemeanor conviction creates a permanent criminal record that can affect employment, housing, professional licensing, and immigration status. The outcome depends heavily on what happens before you ever set foot in a courtroom. At Winters & Chidester, both of our attorneys, James Winters and Veronica Chidester, are former Texas prosecutors who know how the Williamson County District Attorney builds retail theft cases. That knowledge drives the defense strategy we develop for every client.

We offer free consultations and provide legal services in both English and Spanish.

If you’re facing a shoplifting or retail theft charge in Georgetown or anywhere in Williamson County, call us at (512) 961-4555 to speak with a Georgetown shoplifting attorney today.

How Texas Classifies Shoplifting Charges

Texas doesn’t have a standalone shoplifting statute. Retail theft is prosecuted under the general theft statute, Texas Penal Code Section 31.03, and the severity of the charge is determined primarily by the value of the merchandise involved. Here’s how the classification ladder works:

Class C Misdemeanor: Property valued under $100. Fine up to $500, no jail time, but a criminal record is created.
Class B Misdemeanor: Property valued $100 to under $750. Up to 180 days in county jail and a fine up to $2,000.
Class A Misdemeanor: Property valued $750 to under $2,500. Up to one year in county jail and a fine up to $4,000.
State Jail Felony: Property valued $2,500 to under $30,000. 180 days to two years in state jail and a fine up to $10,000.

Prior theft convictions change the equation significantly. A single prior conviction can elevate the grade of a new charge in certain circumstances, and two or more prior convictions can push a misdemeanor-value offense to a state jail felony regardless of how little the merchandise was worth. Texas Penal Code Section 31.09 also allows prosecutors to aggregate multiple smaller theft incidents committed as part of a single scheme into one higher-value charge.

Because shoplifting is classified as a crime of moral turpitude under Texas law, the consequences reach well beyond the courtroom. Jobs, professional licenses, and immigration status can all be affected by a conviction at any level.

Defense Strategies for Shoplifting Cases

The prosecution must prove you intended to permanently deprive the owner of property. That intent element is where many shoplifting cases are actually won or lost. Distraction at checkout, a self-checkout malfunction, or an item accidentally left in a cart are all fact patterns that challenge the state’s ability to establish intent.

Other viable defenses often arise from how evidence was gathered. Common issues we examine in every case include:

Mistaken Identity: Surveillance footage is frequently low-resolution or captures the wrong person.
Surveillance Handling: Improperly preserved or selectively edited video may not be reliable enough to sustain a conviction.
Unlawful Merchant Detention: Retailers have specific, limited authority to detain a suspected shoplifter. When store security exceeds those bounds, it can affect the circumstances of arrest and the admissibility of evidence.
Pretrial Diversion or Deferred Adjudication: First-time offenders in Williamson County may qualify for diversion programs or deferred adjudication, which may lead to dismissal and potential expunction of the record.

One more thing worth knowing: paying a civil demand letter from the retailer does nothing to resolve the criminal case. The civil and criminal proceedings are entirely separate under Texas law.

James Winters and Veronica Chidester both spent their careers on the prosecution side before moving to criminal defense. When we review the state’s case against you, we’re reading it the way a prosecutor would, and we prepare each case thoroughly for trial or negotiation based on what we find.

Georgetown Shoplifting Defense Rooted in Williamson County Experience

Winters & Chidester is based in Georgetown and focuses on criminal defense in Williamson County courts. When James Winters and Veronica Chidester evaluate a retail theft case, they bring direct familiarity with how the local District Attorney’s office approaches these charges. That context shapes defense strategy from the first consultation forward.

Clients receive personalized counsel built around their specific circumstances, not a one-size-fits-all approach. We handle state and federal criminal charges and serve clients throughout Georgetown, Round Rock, Cedar Park, Leander, Hutto, Pflugerville, Austin, and the surrounding Travis County area. Legal services are available in both English and Spanish.

Talk to a Georgetown Shoplifting Lawyer Before Your Next Court Date

An arrest isn’t a conviction. What happens in the days and weeks after a charge is filed matters more than most people realize. The sooner an attorney is reviewing the evidence and advising on your options, the better positioned you’ll be going into any negotiation or hearing.

Winters & Chidester offers free consultations with no obligation. We can review the facts of your case, explain how Williamson County is likely to approach it, and outline what a realistic defense looks like for your situation.

Call (512) 961-4555 or reach us through our online contact form to schedule your free consultation with a shoplifting attorney at Winters & Chidester.

Civil Liability Under the Texas Theft Liability Act

A shoplifting accusation can create two separate legal problems at once. In addition to the criminal charge, many retailers send a civil demand letter seeking monetary recovery under the Texas Theft Liability Act (Texas Civil Practice and Remedies Code Section 134.005). This statute allows a retailer to sue for actual damages plus additional damages up to $1,000, along with court costs and attorney fees. When the accused is under 18, the retailer may instead pursue a parent or guardian for actual damages up to $5,000.

Receiving a civil demand letter doesn’t mean the retailer will file suit, but it carries real legal implications and shouldn’t be ignored or responded to without legal guidance. Paying the demand doesn’t cause the criminal charge to be dismissed, and mishandling one track can create complications in the other.

Organized Retail Theft Under Texas Penal Code Section 31.16

When two or more people coordinate a retail theft, or when a single person commits two or more retail theft acts within a 180-day period, the charge may no longer be ordinary theft. Texas Penal Code Section 31.16 governs organized retail theft as a distinct offense carrying enhanced penalties compared to standard theft charges.

Penalties scale based on the total value of merchandise involved. The offense becomes a state jail felony when merchandise value reaches $750 but stays under $2,500. At $2,500 and above (up to $29,999), the charge escalates to a third-degree felony, with higher felony grades applying at greater values. A person can also be held responsible for the total value of merchandise taken by a group, even if they personally took only a small portion of it.

Organized retail theft investigations often involve law enforcement surveillance conducted over time, producing a different evidentiary profile than a single-incident shoplifting arrest. If you’re facing an organized retail theft allegation, contact Winters & Chidester to discuss how the charge is likely to be structured and what defense options apply.

Real People. Real Wins.

Review Some of Our Results to See for Yourself What We’ve Worked to Achieve

As Georgetown criminal attorneys, we recognize the importance of what we do. Our goal is to help our clients face brighter futures, all while protecting their constitutional rights to the fullest. We couldn't be more proud of the people we've helped and the lives we've changed.

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