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You may have seen teens switch or alter price tags in a movie or TV show and think of it as harmless fun. Unfortunately, this isn’t the case. In reality, removing, destroying, or concealing writing including retailer price tags is a serious crime. Under the Texas Penal Code, the crime is referred to as Fraudulent Price Tags and can result in long-lasting consequences including time behind bars and expensive fines.
If you or someone you know has been arrested for fraudulently altering retail price tags, then it’s within your best interest to secure legal representation as soon as possible. Although it may seem like a minor crime, the offense can actually be classified as a felony if certain factors were present during the commission of the crime. For these reasons and more, we highly encourage you to stay silent with law enforcement and call an experienced Cameron County theft defense lawyer in Texas.
Cameron County Attorney for Fraudulent Price Tags
Concealing, changing, or destroying a retailer price tag is considered a crime in Texas. The offense is known as fraudulent price tags and can result in serious consequences. If you or someone you know has been arrested for altering or destroying a price tag, then it’s within your best interest to reach out to The Gracia Law Firm, P.C. Our experienced and skilled theft defense lawyers have the techniques, years of experience, and resources needed to fight a serious theft or property crime charge.
Call our office today at 956-504-2211 to set up your first consultation with the price tag switching defense attorneys at The Gracia Law Firm, P.C. Our office is in Brownsville, Texas, but we accept clients throughout all parts of Cameron County, Hidalgo County, and Willacy County.
Information Center:
What is Tag Switching?
You likely know retailers use price tags so the customer can determine the value of an item at a glance. What you might not know is that switching or altering a price tag is a serious crime in the state of Texas. The Texas Penal Code Section 32.47 states any alteration, concealment, removal, or destruction of a price tag is illegal. According to the statute, a person commits a crime if:
- They remove, conceal, alter, substitute, destroy, or impair the verity, legibility, availability of a writing other than a governmental record; and
- Did so with the intent to harm or defraud another person or entity
Please note, the term “writing” is legally defined as:
- Token, stamps, money, seals, badges, credit cards, trademarks, and badges
- Printing or any method of recording down information
- Universal product codes including price tags, labels, and markings on goods
- Symbols of identification, value, privilege, of right
As you can see from the definition above, the charge can incorporate other types of writing including fake currency and/or badges. Although this is true, the majority of these charges are reserved for the removal or concealment of product tags or universal product codes.
What Is the Penalty for Switching Price Tags?
The penalties for the crime vary depending on what type of “writing” was altered or destroyed and the other facts of the case. Under Texas law, a person will be charged with a class A misdemeanor for fraudulently altering, concealing, or removing writing if it is:
- Not attached to tangible property, indicating the price for the sale of that property; and
- The offender didn’t remove, alter, or conceal writing for the purpose of obtaining property for a lesser price indicated by a separate writing
The maximum punishment for a class A misdemeanor includes:
- Up to 1 year in jail; and
- A fine of up to $4,000
The prosecution may reclassify the charge to a state jail felony if any of the following is true:
- The writing altered, removed, or concealed is a will or codicil of another and it has been admitted into probate, whether or not the person who originally created the will is alive
- The writing altered, removed, or concealed is a mortgage, deed of trust, deed, security installment, security agreement, and any other writing in which the law provides public recording or filings
A state jail felony is punishable by:
- Up to 2 years in state jail; and
- A fine of up to $10,000
If you removed or concealed writing that was attached to tangible property where a price was indicated, then the penalties will depend on the original value of the property. It will also depend on the amount of money the actor paid or attempted to pay for the item.
- If the difference between the original price and lesser price the offender paid for the item/property is less than $100
- The crime is a class C misdemeanor which is punishable by a $500 fine.
- If the difference between the original price and lesser price the offender paid for the item/property is $100 or more, but less than $70.
- The crime is a class B misdemeanor which is punishable by up to 180 days in county jail and a fine of up to $2,000.
- If the difference between the original price and lesser price the offender paid for the item/property is $750 or more, but less than $2,500.
- The crime is a class A misdemeanor which is punishable by up to 1 year in county jail and a fine of up to $4,000.
- If the difference between the original price and lesser price the offender paid for the item/property is $2,500 or more, but less than $30,000.
- The crime is a state jail felony which is punishable by up to 2 years in state jail and a fine of up to $10,000.
- If the difference between the original price and lesser price the offender paid for the item/property is $30,000 or more, but less than $150,000.
- The crime is a third-degree felony which is punishable by up to 10 years in state jail and a fine of up to $10,000.
- If the difference between the original price and lesser price the offender paid for the item/property is $150,000 or more, but less than $300,000.
- The crime is a second-degree felony which is punishable by up to 20 years in state jail and a fine of up to $10,000.
- If the difference between the original price and lesser price the offender paid for the item/property is more than $300,000
- The crime is a first-degree felony which is punishable by up to 99 years in state jail and a fine of up to $10,000.
Additional Resources
Kleptomaniacs and Shoplifters Anonymous | CASA – Visit the official website for the Shulman Center and learn more about their support group for kleptomaniacs and shoplifters. The group was founded in 1992 by a former shoplifter looking to help others understand the root of their shoplifting behavior so it can be remedied. Access the site to learn more about CASA meetings, find a support group near you, or a phone conference group if no groups are in your area.
Texas Laws for Fraudulent Price Tags– Visit the official website for the Texas Penal Code to learn more about fraudulent price tags and other types of white-collar crimes. Access the site to learn the elements of fraudulent price tagging, forgery, money laundering and other types of white-collar crimes carrying harsh penalties.
Price Switching Defense Lawyer in Brownsville, TX
If you or someone you know has been arrested for removing, concealing, or altering a price tag, then it’s within your best interest to call The Gracia Law Firm, P.C. . Our skilled fraud defense lawyer Johnathan Gracia and his legal team have spent years representing people accused of theft crimes including shoplifting and grand theft. We understand how detrimental these charges can be to your future, and because of that we will ensure no stone is uncovered when building your defense.
Call The Gracia Law Firm, P.C. today to set up your first consultation free of charge. The Gracia Law Firm, P.C. accepts clients throughout all areas in Brownsville and Cameron County including Harlingen, Los Fresnos, Port Isabel, La Feria, San Benito, South Padre Island, Rio Hondo, Combes, and Olmito. We also accept clients throughout all parts of Hidalgo County and Willacy County.