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Austin Shoplifting Defense Lawyer

Last updated on November 9, 2026

Most people charged with shoplifting have never been in trouble before. It may have been a self-checkout mistake, an item left in a stroller, a moment of bad judgment, or an accusation by a store employee that simply isn’t true. Whatever happened, a shoplifting charge is a theft charge under Texas law, and a conviction can follow you for the rest of your life.

Attorney Florencia Rueda helps people charged with shoplifting in Austin, Round Rock, Georgetown, Pflugerville, San Marcos and throughout Central Texas protect their records and move forward.

How Shoplifting Is Charged in Texas

Texas does not have a separate “shoplifting” law. Shoplifting is charged as theft, and the level of the charge depends on the value of the merchandise:

Under $100: Class C misdemeanor, a fine up to $500
$100 to under $750: Class B misdemeanor, up to 180 days in jail and a $2,000 fine
$750 to under $2,500: Class A misdemeanor, up to 1 year in jail and a $4,000 fine
$2,500 or more: a felony

Prior theft convictions can raise the level of a new charge. See our Austin Theft Defense Lawyer page for the full range.

What Usually Happens in a Shoplifting Case

The stop. A loss prevention employee stops you, often after you pass the last register or exit. Texas law allows store employees to detain a person for a reasonable time to investigate.
The police. Officers arrive and decide whether to arrest you or issue a citation with a court date, depending on the county and the value involved.
The trespass warning. Many stores issue a criminal trespass warning banning you from their locations.
The civil demand letter. Weeks later, you may receive a letter from the store or its attorneys asking for money. Paying it does not end the criminal case.
Court. Your case is filed in county court, or in municipal or justice court for a Class C, where your attorney can negotiate or fight the charge.

Defenses and Options for Shoplifting Charges

No intent to steal. Forgetting to scan an item, misunderstanding a self-checkout screen or being distracted is not theft. The state must prove intent.
Unclear video or mistaken identity. Store cameras do not always show what loss prevention claims.
Value of the merchandise. Disputing the value can lower the charge.
Pretrial diversion. Many first-time shoplifting cases in Central Texas can be resolved through diversion, which can lead to a dismissal and a later expunction.
Deferred adjudication. This avoids a final conviction and may allow you to seal the record with an order of nondisclosure.

Why Even a Small Shoplifting Charge Matters

Theft is considered a crime of moral turpitude. A conviction can affect jobs in banking, healthcare and retail, professional licenses, college admissions and scholarships, and immigration status. For non-citizens and students, avoiding a conviction is especially important.

Frequently Asked Questions

It’s my first time. Will I go to jail? Jail is uncommon for first-time shoplifting cases, and many qualify for diversion or other options that avoid a conviction.

Should I pay the civil demand letter? The civil demand is separate from the criminal case. Speak with an attorney before deciding.

Can I get a shoplifting charge expunged? If your case is dismissed, you are acquitted, or you complete pretrial diversion, you may qualify for an expunction.