Theft or Attempted Theft (or Not Guilty) ?
Question (from an email): Can a person be charged with theft (class b misdemeanor) if merchandise was not found on a person? Or is this considered attempted theft? If so what is the difference and maximum punishment for each?
Reply: Can you give me more details? (What happened exactly?)
Maybe I can give you a better answer that way...
More Details: (A theft from a place of employment.) actual merchandise was not found on this person, merchandise was found in trash in the back of store and person was going out the front door when this person was arrested and charged with theft. Would this be theft or attempted theft?
So could this person be tried for theft or would the charge have to be reduced to attempted theft?
Answer: Like most interesting questions this one has several layers to it.
First and I don't mean to be hyper-technical, but then again I am a lawyer...
Can they charge the person with theft? Well, not to split hairs, but 'they,' meaning the state, can charge someone with just about anything. The next 2 questions then deal with (a) what can they prove, and (b) is the evidence legally/factually sufficient?
What can the State prove based on these facts?
The definition of theft is, essentially, unlawfully appropriating property without the owner’s consent. Is taking merchandise off a shelf and sticking it in the trash proof of “intent to permanently deprive the owner of the property”?
Off the top of my head, I’m going to say that this would be very difficult for the State to prove at trial beyond a reasonable doubt.
As for attempted theft? I think they would have to show that the defendant intended to come back at a later time, or had some accomplice lined up in the wings to take it out of the trash and actually leave the premises with it.
Finally, as to legal sufficiency of the evidence… I would have no problem getting up and arguing to a judge for a directed verdict of not guilty on these facts. Whether it would be granted, or whether an appellate court would overturn a potential guilty verdict on appeal, would have to be determined on a case by case, very fact specific, testimony dependent analysis.
But, generally speaking, shoplifting is going to be very hard to prove and/or factually insufficient if the person doesn’t leave the store, or pass the point of sale without paying.
All in all, given your hypothetical, I think it’s a pretty weak case for the State. (And if this is not really a hypothetical, tell ‘the person’ to get a lawyer ASAP. Case could even be a negotiated dismissal without the need for a jury trial.)
I’ll get to the penalty range differences in a future post. The short answer is that an attempted Class B offense is a Class C (traffic ticket level) offense.
if one swung a book across a library sensor (the book has to be cleared otherwise the sensor alarm will go off) to get assistance, since the librarian was not in sight could they be charged for attempted theft
was caught leaving store with items not paid for total less than $30.00.
I'm pleading not guilty .first time offense, what can I expect.
if person leaves store with unpaid for items, gets caught by store clerks but leave without items, clerks get liecense plate calls police. two days later police try contacting person wanting them to fill out stement but person choice not to do so. What could happen.
can someone be put on probation, or charged with theft if they never left or attempted to leave the store?
Do you recall my messages about a month ago, the wood for the skateboard ramp, Texas?
The charges were (supposedly) dropped because after several messages not returned by the construction company there was no complaintee and our truck was released.
Well, the 16th of this month my husband and I were driving thru that same city to drop off my son @ the skating park when he received a couple of traffic tickets. After that, on the 18th the theft charges were filed, WITH an upgrade! Class "A" now with a price tag of $500.95 In accordance with the stamps on the wood, the Home Depot total would be $104 + tax. What is goin on? Please advise.
Hi,
I was caught in shoflifing and the charge was amended from third degree theft to Atempted theft. I was given a 89/90 days of suspended sentence with 1 year NVCL. I am from india and was on work visa.
Now i plan to come back to US soon on the same L1 visa, will i have any immigration problems?
YES I GOT CHARGED FOR THEFT A MISDEMEANOR CLASS B WHICH I PLEA GUILTY TOO THEN I GOT ANOTHER CHARGE MISDEMEANOR CLASS A WHICH I PLEA NO CONTEST BUT BECAUSE OF THESE CHARGES I CANT GET A JOB ANYWHERE OR ANYTHING HOW CAN I SEAL THIS OR DO SOMETHING ABOUT IT???
ONE AFTERNOON MY FRIENDS AND I RAN OUT OF BEER. WITHOUT ANY MONEY I WALKED INTO A STORE AND LOADED 9 CASES OF BUDWEISER INTO A BUGGY.
I DID MANAGE TO GET TO MY HOUSE WITH THE BEER, BUT 30 MINUTES LATER COPS WERE AT MY DOOR. I ONLY GAVE THEM 2 CASES AND THEY LEFT.
HELL, I WAS SHOCKED THEY DIDNT ARREST ME.
AS TIME WENT ON I CONTINUED TO REPORT TO MY P.O. . LOW AND BEHOLD A YEAR AND HALF LATER I WAS ARRESTED FOR THE CRIME. THIS CASE WAS NOT SUPPOSED TO FILED.
I WAS CHARGED WITH A CLASS B MISDEMEANOR. I WAS ARRIGNED AND GIVEN A 1000 BOND WITCH COST ME $150
TEXAS CRIMINAL JUSTICE SYSTEM "SUCKS"
ALL THEY WANT IS $$$$$$$$$$$.
i have a question.. here's the scenario one of my friends went in to walmart with me in attempt to steal a video game controller and two video games.. the controller package was already half way open and it was taken out.. left in the store but taken out of the case.. the two games were placed in the bathroom.. a suspicious employee followed.. thats when the plan was aborted.. possible video footage may be a variable.. we are unsure.. the employee followed us in the bathroom and we left the games in a stall which he saw me come out of.. we left and they got my plate numbers.. what is the most likely outcome of this? please help me out..
Can person be charged with attempted theft or anything at all if the item in which person tried to steal was dropped in front of the property and then the owners of stolen item continued chasing person and acted violently with severe damage to the persons car and passenger in the car.
I have no record for anything every in my life, no tickets, arrested. but last month I was arrested for a class b misdemeanor for shoplifting at a local mall. I do not know what happen. I was depressed and went to purchase a wedding item for a friend. Which I did purchase over $240.00. I set a small item on top of my pruse and forgot to pay for it, becauese I had the credit card in my pants pocket and did not even look in my purse. The security said they had me on viedo. The police also said it did look as if I took the item. What do I do....I was taken to jail for about 6 hours and paid bail and got out. I do think I ment to take this item...but if the tape looks as if I was shoplifting. I am stuck. If you are a first time shoplifter and have a clean record what will happen. Also the items they said I took had a price tag of $15.00 but had a suggested retail price of $160.00. So they said it cost the store $160.00. I am so scared, I am under treatment for Military, PTSD sexual trama. I am on lots of medication but I feel I can not go thru this Even if I feel I did not take these items..I feel ashame. I am a 59 year old grandmother. I feel I have shamed my family, myself, my God. I just want to end my life, Why didn't I see this on my purse, where was my mind...I am so alone and can not even tell my family what happen...I could not face them every again...
Is it still considered theft if the person put the items back then walked out the store.