Escalation of Retail Theft Leaves Texas Lawmakers Struggling

 Posted on October 22,2024 in Criminal Defense

Texas lawmakers recently discussed new ways to combat organized retail theft and cargo theft. Will Johnson, Chief Special Agent for the BNSF Railway Police Department, stated that the escalation of these organized theft crimes threatens the state's economy. Other Texas law enforcement experts describe this trend as a crisis. Law enforcement claims that the state’s current theft laws are entirely inadequate to prosecute and deter the rash of theft crimes across Texas. It is estimated that retailers in the state lost more than $5.9 billion as a result of organized theft crimes.

Houston has the dubious distinction of having the third-most retail crime in the nation, behind Los Angeles and San Francisco. Law enforcement officials are suggesting that lawmakers implement increased penalties, lower the monetary threshold for organized retail theft, and charge it as a felony. If you have been charged with retail theft or organized retail theft, you must take the charges seriously. Speaking to a Prosper, TX retail theft attorney from the Law Offices of Biederman & Burleson P.L.L.C. as quickly as possible is a beneficial step toward protecting your future.

Which Texas Statutes Govern Retail Theft and Organized Retail Theft?

The theft statutes in the state are found under Texas Penal Code, Section 31, with Organized Retail Theft found in Section 31.16. Retail theft is also known as shoplifting and could be a misdemeanor or a felony, depending on the value of the item or items stolen. If the stolen items are valued at less than $50, you will face a Class C misdemeanor. Stealing items with a value of $50-$500 will trigger a Class B misdemeanor charge. A Class A misdemeanor will be charged for the theft of items valued from $500 to $2,500, and if you shoplift items valued at $2,500 or more, you could face a felony charge.

Organized Retail Theft allows police to arrest a person they believe is operating as a "fence" for the theft of retail merchandise, meaning that person may have received, bartered, possessed, stored, concealed, or disposed of stolen merchandise. If the total value of the merchandise involved in the theft is less than $100, the charge is a Class C misdemeanor. If the total value of merchandise involved is between $100 - $750, the charge will be a Class B misdemeanor.

The charge will be a Class A misdemeanor if the value is between $750 - $2,500. If the total value is between $2,500 - $30,000, the charge will be a State Jail Felony offense. When the total value is between $30,000 - $150,000, a third-degree felony is charged. If the value is between $150,000 - $300,000, a second-degree felony will be charged.    

What Are the Penalties for Theft in Texas?

Penalties are as follows:

• The penalty for a Class C misdemeanor is a maximum fine of $500.

• The penalty for a Class B misdemeanor is up to 180 days in jail and a maximum fine of $2,000.

• The penalty for a Class A misdemeanor is up to one year in jail and a maximum fine of $4,000.

• The penalty for a State Jail Felony is up to two years in jail and a maximum fine of $10,000.

• The penalty for a Third-Degree Felony is up to ten years in prison and a maximum fine of $10,000.

• The penalty for a Second-Degree Felony is up to 20 years in prison and a maximum fine of $10,000.  

Contact a Collin County, TX Retail Theft Lawyer

If you have been charged with retail theft, organized retail theft, or cargo theft, it is important that you take swift action to safeguard your rights and your future. When you choose a Frisco, TX retail theft lawyer from the Law Offices of Biederman & Burleson P.L.L.C., you are likely to have a better outcome to your charges. We have more than 25 years of combined experience and many trial victories. Call 469-333-3333 to schedule a free consultation.