What is the difference between shoplifting and theft

By LMW Attorneys. Shoplifting, theft, larceny, burglary, robbery—what do they all mean? Are they all the same or different? So what exactly is the difference between the two?

Call us at or schedule a free legal consultation with an attorney to discuss and understand your legal options. Although shoplifting is a type of theft, it typically has a specific set of punishments and is addressed differently than other theft crimes.

Shoplifting generally means taking an item from a store; however, certain states have altered the laws to include concealing an item in the store or altering a price tag to pay a lower price. Whatever the scenario, to be considered shoplifting, the crime usually has two elements:.

In fact, shoplifting is not a specifically defined offense under the Texas penal code. Again, these penalties apply to all forms of theft, not just shoplifting. Shoplifting only refers to theft in the context of a retail store, but it does not matter where a defendant allegedly stole the property.

What ultimately matters is the value of the property itself. While a Class C Misdemeanor conviction may not seem like a big deal, especially since there is no risk of jail time, having a theft conviction of any type might affect your ability to get a job.

In Texas, there are different ways a person can deprive an owner of property and be accused of shoplifting. The person can:. Consent is a defense, but not having consent is an element of shoplifting. To have consent means the owner legally gives the accused the right to take the property from the store. Robbery is defined as taking property from another without consent and with the intent to permanently deprive. Robbery involves the threat or actual force or violence when taking property from another person.

Texas has a more specific robbery definition. Each definition depends on the type of robbery a person is accused of committing. Robbery is the intent to maintain control or obtain control of property while knowingly, intentionally or recklessly causing another individual bodily injury. Bodily injury means to cause some type of physical harm to the alleged victim like a wound or broken bone. Robbery and aggravated robbery involve prison time as punishment.

Robbery is a second degree felony. A person convicted of robbery may spend up to 20 years in prison. Aggravated robbery is the harsher of the two crimes. A person convicted of aggravated robbery may spend up to 99 years in prison.