Shoplifting Defense Strategies

Maverick Ray Law
August 31, 2023

How to Defend Against Shoplifting Charges in Texas

Being arrested for shoplifting or theft charges can be an overwhelming experience. You may be unsure of what penalties you will face or how it will affect your career and your family. The most important thing to remember is that an arrest for shoplifting does not have to mean a conviction. There are solid defense strategies in shoplifting cases.

At Maverick Ray & Associates, we represent individuals who have been arrested for shoplifting or other theft crimes in Texas. Our lawyers are well-known for our ability to get cases reduced or dismissed. We always fight for justice for our clients and will not give up until you get the best possible outcome in your case. If you were arrested for shoplifting, contact our office at (281) 346-9451 to schedule a free, confidential consultation.

Defense Strategies in Shoplifting Cases

While being arrested for shoplifting can be devastating, there are defenses that are applicable in your case. A knowledgeable attorney can help you understand which defenses may apply and how to effectively use them.

Shoplifting defenses in Texas:

  • Did not pass all points of sale - One of the most common defenses in a Texas shoplifting case is that you did not pass all points of sale. As explained by defense attorney Maverick Ray, you must pass all points of sale to be found guilty of shoplifting.


If you did not pass all points of sale, you may be able to argue that you were not, in fact, shoplifting. Perhaps you were looking for another item at the front of the store, or you had forgotten something and were turning around. Either way, there may be solid arguments about why you had unpaid items in your cart.

  • Lack of Intent - Another common defense is that you lacked the requisite intent necessary for the crime. This is often applied in cases where a person believed that they had the right to possess the item.
  • Accidental Concealment - Along the same lines as lack of intent, it may be argued that the item was accidentally concealed.
  • False Accusation or Mistaken Identity - Unfortunately, sometimes your case is merely a case of mistaken identity. It may be a false accusation by a security guard or a mistaken identity due to grainy video footage.
  • Duress - Finally, if you took the item under duress, you might not be found guilty of the offense of shoplifting.

To determine if any of these defenses arise in your case, you need to speak directly with an attorney. Without the help of an attorney, you could end up facing the maximum sentence allowed by state law.

Arrested for Shoplifting? Contact Our Office.

Were you arrested for shoplifting in Texas? Contact our office at (281) 346-9451 to schedule a free consultation. Get the experienced, focused representation you need to get real results. We fight for our clients and are unafraid to take on the most challenging cases. Our legal team will help you with all aspects of your case. Call our office today to get started.