Pelley Law Office LLP
Dallas Office
Plano Office
Sherman Office

No Charge For Initial Consultation ($250 value)

Menu Contact

Over 80 Years Of Combined Experience

View Our Practice Areas

Dallas Legal Blog

These 2 elements must be present for a shoplifting conviction

While you may not think it's a very serious crime, shoplifting can get you into deep trouble with the law. Not all stores or shops will pursue charges against those who shoplift, but for those that do, the people accused face an uphill battle to clear their names or protect their own interests.

Shoplifting is an interesting charge, because it has to contain at least two elements:

  • The intent to take items from the original owner without paying the purchase price
  • Willfully taking items that are being sold

How should you challenge a shoplifting charge?

Shoplifting doesn't sound like the most serious criminal charge, but a conviction can result in a variety of punishments. Depending on the value of the property, prison time is even possible.

There is no right or wrong way to challenge a shoplifting charge. Your defense strategy is based largely on the details surrounding your arrest.

Why you need the right domestic violence defense strategy

If you're charged with domestic violence, it will change your life on the spot. Not only are you facing serious penalties, but a conviction can impact your personal life, career and finances.

Rather than hope for the best in court, it's critical to implement a comprehensive domestic violence defense strategy. This gives you the best opportunity to avoid a conviction, or at the very least minimize your punishment.

Victims can't drop criminal charges against you

Many domestic violence cases come down to one person's word against the other person's. While there might be some evidence, it may not be all that much. People facing these charges must understand how the alleged victim's testimony and cooperation can come into the picture.

The circumstances surrounding a domestic violence claim may be chaotic. They often include personal information, which can make these matters challenging to deal with. In some cases, the alleged abuser and victim end up reconciling, but this won't necessarily do away with the criminal charges.

Even prescription medications can lead to a DWI in Texas

Driving while impaired (DWI) is one of the more common criminal offenses that happens in Texas. People enjoy drinking and may not realize they are dangerously under the influence and no longer functioning at full capacity when they get behind the wheel.

In other words, many people who find themselves facing DWI charges don't even realize that they broke the law. That is also frequently true for individuals who get in trouble with the law for driving after taking prescription medication. Despite what you may believe, driving after taking a prescribed drug could result in criminal charges.

Violating probation carries serious consequences

Imagine that you have been convicted of a crime like shoplifting. You went to court and pled your case but a jury still found you guilty. In addition to the fees and fines you had to pay, the court also handed you a year of probation. In other words, you have to meet certain conditions such as performing community service, not leaving the county and, of course, staying out of legal trouble. But what happens if you cannot meet these terms and end up violating your probation?

In general, probation violation occurs when an individual has broken the terms of his or her probation. The punishment that results often depends on the seriousness and nature of the violation. Here are a few things that can happen when a person violates their probation.

The difference between possession and possession with intent

Both law enforcement officers and court officials take a dim view of individuals who flout Texas' prohibition policies. The state of Texas has declared a large number of substances as controlled substances. These drugs range from prescription medications that people can and do abuse to popular street drugs that have no acknowledged medical use.

Unfortunately, in the legal efforts to crack down on the black market sale of controlled substances, innocent people can sometimes wind up charged with unnecessarily harsh offenses. Anyone who gets caught in possession of a controlled or prohibited substance in Texas will probably face criminal charges.

How Texas defines aggravated assault for criminal cases

Most people understand that assault involves causing bodily harm to another person or inciting fear of bodily harm in someone. However, the term aggravated assault may seem a little less direct and more confusing to many people.

If you find yourself facing charges related to aggravated assault, you will likely wonder what defines the difference between simple assault and aggravated assault under Texas criminal law.

Stalking: A serious crime and felony in Texas

Stalking is defined as a pattern of behavior that makes a victim feel endangered, afraid or nervous. It can be that they're being followed or repeatedly contacted. They might be sent threatening emails or receive threatening phone calls.

Stalking behaviors are illegal, and you can face serious penalties if you are accused and convicted of this crime. With stalking charges, the other party will need to prove that there is a clear pattern of unwanted conduct. This conduct must include threatening, harassing or following another person in a way that makes them fear for their life.

What kind of evidence is necessary for a shoplifting conviction?

Shoplifting allegations can plague even the most ethical person. You could find yourself accused of shoplifting even if you never leave a store with an item you didn't pay for. Texas laws have a relatively broad definition of shoplifting, which some people also call retail fraud. Simply putting an item in a pocket or under something else in your cart could lead to allegations of attempted theft.

Depending on the value of the items allegedly involved, shoplifting offenses could be petty theft, or they could be grand theft, in some cases. Regardless of what theft charges you find yourself facing, you will undoubtedly want to push back against them to protect your freedom.

Awards & Recognition

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Locations

Plano office
Sherman office
Dallas office

Plano Office
1312 14th Street, Suite 100
Plano, Texas 75074

Phone: 972-608-0335
Map & Directions

Sherman Office
905 North Travis Street
Sherman, Texas 75090

Phone: 903-813-4778
Map & Directions

Dallas Office
100 Crescent Court
Suite 700
Dallas, Texas 75201

Phone: 214-733-1775
Map & Directions