Shoplifting Attorney in McAllen

Bilingual Legal Help for Shoplifting Charges in Hidalgo County

At Anthony M. Ortega Law, PLLC, we understand that facing a shoplifting charge can be overwhelming and stressful. We are committed to providing personalized, one-on-one legal defense to help you navigate this challenging time. As locals who grew up in the Hidalgo County area, we know the specific legal landscape and community needs of McAllen, making us uniquely equipped to defend your rights.

Our approach extends beyond typical legal strategies; we focus on building a strong foundation of trust and transparency with our clients. By involving you in every step of the legal process, we ensure that your voice is heard and your concerns are addressed effectively. Our knowledge of local statutes allows us to tailor a defense strategy that considers all angles, ensuring a comprehensive and thorough defense of your case.

A seasoned shoplifting attorney in McAllen—and former prosecutor—is ready to defend you. Call (956) 300-1402 now or reach out online for a free consultation. ¡Hablamos español!

Understanding Shoplifting Laws in Texas

In Texas, shoplifting is typically prosecuted under the general Theft statute, Texas Penal Code § 31.03. While the term "shoplifting" isn't a standalone offense in the Penal Code, it describes a specific type of theft committed in a retail setting. This statute broadly criminalizes unlawfully appropriating property with the intent to deprive the owner of that property.

The prosecution must prove two crucial elements beyond a reasonable doubt to secure a theft conviction for shoplifting:

• Unlawful Appropriation of Property: The person unlawfully took or gained control over the merchandise. This includes taking items without permission, or obtaining them by deception.
• Intent to Deprive Owner of Property: At the time of the unlawful appropriation, the person had the specific intent to permanently deprive the merchant of their merchandise.

Examples of Acts That Constitute Shoplifting (Theft by Shoplifting):

The following acts, when committed with the intent to deprive the merchant, typically fall under the Texas theft statute for shoplifting purposes:

• Concealing Merchandise: Hiding items in a purse, bag, pocket, or under clothing.
• Altering/Removing Price Tags: Changing a price tag to a lower price, or removing it altogether.
• Transferring Merchandise: Moving items from one package to another (e.g., putting an expensive item into a cheaper item's box).
• Leaving a Store Without Paying: Simply walking out with unpurchased merchandise.
• "Under-Ringing" at Checkout: An employee or self-checkout user intentionally scanning fewer items or a lower price than the actual price.

Classification of Shoplifting Charges and Penalties

The severity of a shoplifting charge in Texas is directly determined by the value of the merchandise stolen and, significantly, by your prior criminal history for theft-related offenses. Shoplifting can be classified as either a misdemeanor or a felony. A knowledgeable shoplifting attorney in McAllen will immediately assess the classification and potential penalties you face.

Misdemeanor Shoplifting:

Class C Misdemeanor:

• Value of Property: Less than $100.
• Penalties: Fine only, up to $500. No jail time. Creates a criminal record.

Class B Misdemeanor:

• Value of Property: At least $100 but less than $750.
• Penalties: Up to 180 days in county jail and/or a fine of up to $2,000.
• Enhanced: If the value is less than $100, but you have one prior theft conviction, the charge is automatically elevated to a Class B Misdemeanor. This is a critical enhancement for which you need a shoplifting attorney in Hidalgo County.

Class A Misdemeanor:

• Value of Property: At least $750 but less than $2,500.
• Penalties: Up to one year in county jail and/or a fine of up to $4,000.
• Enhanced: If the value is at least $100 but less than $750, and you have one prior theft conviction, the charge is automatically elevated to a Class A Misdemeanor.

Felony Shoplifting (State Jail Felony to First-Degree Felony):

Shoplifting escalates to a felony under several circumstances, greatly increasing the potential penalties.

State Jail Felony:

• Value of Property: At least $2,500 but less than $30,000.
• Firearm Theft: Theft of a firearm, regardless of its value.
• Repeat Offender: If the value is less than $2,500, but you have two or more prior theft convictions. This means even for a very low-value item, you could face a State Jail Felony.
• Penalties: 180 days to 2 years in a state jail facility and/or a fine of up to $10,000.

Third-Degree Felony:

• Value of Property: At least $30,000 but less than $150,000.
• Penalties: 2 to 10 years in state prison and/or a fine of up to $10,000.
• Second-Degree Felony:
• Value of Property: At least $150,000 but less than $300,000.
• Penalties: 2 to 20 years in state prison and/or a fine of up to $10,000.

First-Degree Felony:

• Value of Property: $300,000 or more.
• Penalties: 5 to 99 years or life in state prison and/or a fine of up to $10,000.

The complex interplay of these statutes, the crucial element of intent, the strict thresholds for value, and the severe impact of prior convictions demand the focused attention of a seasoned McAllen shoplifting lawyer.

What to Expect in McAllen Courts

Understanding the local court procedures in McAllen can make a significant difference in the outcome of your case. The Hidalgo County Courthouse is where many shoplifting cases are heard. Familiarity with local judges and court personnel can aid in negotiating favorable outcomes.

In McAllen, proceedings typically reflect the community's close-knit nature. Court sessions may involve repeated interactions with the same judges and prosecutors, making it beneficial to have an attorney familiar with these legal professionals. Additionally, being seasoned in local practices allows us to anticipate case outcomes strategically, effectively minimizing risks and navigating the legal system efficiently on your behalf.

Our Approach to Shoplifting Criminal Defense in McAllen

We believe in a comprehensive approach to defense, beginning with a thorough review of the circumstances surrounding your arrest. Our goal is to identify any weaknesses in the prosecution's case, with an eye on reducing charges or dismissing them entirely. Anthony M. Ortega's deep local knowledge allows us to effectively advocate on your behalf, drawing on community ties and local legal understanding.

From challenging the validity of evidence to questioning witness reliability, our meticulous approach ensures no detail is overlooked. We understand that each shoplifting case requires a unique defense strategy, which is why we invest time in understanding your personal circumstances. By doing so, we create a defense blueprint that best serves your interests and maximizes the potential for a favorable outcome.

Why Choose Anthony M. Ortega for Your Defense?

Our firm stands out by providing direct access to attorney Anthony M. Ortega, ensuring that you receive personalized service throughout the legal process. We offer free consultations and tailor our affordable fees to fit the unique circumstances of your case. This client-first approach is designed to make the legal process as straightforward and stress-free as possible.

Choosing a shoplifting criminal lawyer in McAllen should be about more than just legal representation. With Anthony M. Ortega, you benefit from a unique blend of local insight and professional dedication.

Contact a Shoplifting Lawyer in McAllen Today

We are committed to easing your burden by providing clear, compassionate counsel combined with the local expertise necessary for a robust defense. Your consultation is free, and we're here to ensure your rights and future are protected.

If you're facing a shoplifting charge in McAllen, don't navigate the legal process alone. Contact Anthony M. Ortega Law, PLLC at (956) 300-1402 for dedicated, one-on-one legal assistance tailored to your situation.