10 May 2012
In September of last year, the Star-Telegram reported that a Texas man was sentenced to life in prison for shoplifting – at least that’s what the headline said. The story went on, though. It appears that the man was attempting to leave a Walmart in Fort Worth with a television valued at $348 without paying for it. On the way out, he knocked down a store employee, who was apparently in a weakened condition, and was awaiting a liver transplant. The employee died nine days later.
The reports do not provide much detail as to the original charges filed against the thief, and it appears that the cause of death of the store employee was cirrhosis, and was not the result of being knocked down during the theft. Ultimately, the jury found the defendant guilty of aggravated robbery, which, when it results in serious bodily injury, is a first degree felony in Texas. First degree felonies can result in a life sentence.
This provides us with the opportunity to talk about a few of the possible charges that could emanate from what most people would consider simple theft.
Under section 31.02 of the Texas Penal Code, a variety of theft offenses, including shoplifting, swindling, embezzlement, etc., were consolidated, and are all included in the general definition of “theft.” Where, as in the Walmart case, the value of the property is more than $50 but less than $500, the charge constitutes a Class B misdemeanor. Class B misdemeanors are generally punishable by a fine of up to $2,000, six months in jail, or both. But thefts often include related conduct that affords the prosecutor the ability to charge the offender with other crimes.
If, during the course of a theft, the person knowingly, recklessly or intentionally causes bodily injury to another person, he is guilty of robbery, which is a second degree felony punishable by between two and twenty years in prison, and a fine of up to $10,000. If the injury is “serious” the offense becomes aggravated robbery, a first degree felony carrying a maximum sentence of life in prison.
Finally, a theft that occurs in a building or home may, under certain circumstances, constitute a burglary, which is generally punishable as a “state jail felony” (generally six months to two years in jail), but may rise to the level of a first degree felony (if, for example, it takes place in someone’s home).
The lesson in all of this is that what appears on its surface to be a simple law can become quite complicated. We have pointed out only a few of the variations on a simple shoplifting offense that could convert a misdemeanor to a first degree felony.
If you have been charged with a theft or theft-related crime, you need quality legal representation to adequately understand and respond to the charges against you. Contact an experienced Austin theft crimes attorney who knows the law and, as a former prosecutor, can guide you through the criminal justice process.
Law Office of David D. White, PLLC
1205 Rio Grande Street
Austin, TX 78701
(512) 369-3737