Montgomery County Theft Lawyer
Charged With Theft or Shoplifting in Montgomery County?
A theft conviction can follow you far longer than any sentence. Employers, landlords, and licensing boards treat theft as a crime of dishonesty, and it can also affect immigration status. That’s why even a low-value shoplifting charge is worth taking seriously.
Texas Theft Penalties by Value
| Value | Level | Range |
|---|---|---|
| Under $100 | Class C misdemeanor | Fine up to $500 |
| $100 to $750 | Class B misdemeanor | Up to 180 days in jail, fine up to $2,000 |
| $750 to $2,500 | Class A misdemeanor | Up to 1 year in jail, fine up to $4,000 |
| $2,500 to $30,000 | State jail felony | 180 days to 2 years |
| $30,000 to $150,000 | Third-degree felony | 2 to 10 years |
| $150,000 to $300,000 | Second-degree felony | 2 to 20 years |
| $300,000 or more | First-degree felony | 5 to 99 years or life |
Prior theft convictions can raise the level. With two prior theft convictions, a theft under $2,500 becomes a state jail felony regardless of value.
Shoplifting and Civil Demand Letters
After a shoplifting arrest, many people also receive a letter from the store or its law firm demanding money. That civil demand is separate from the criminal case. Paying it doesn’t make the criminal charge go away, and not paying it doesn’t make the criminal case worse. Talk to a lawyer before you respond.
Options for First Offenses
Depending on the facts and your history, a theft case may be resolved through dismissal, reduction, deferred adjudication, or pretrial diversion. The Montgomery County DA grants pretrial diversion at its discretion and only in compelling circumstances, so how your case is presented matters. A dismissal can open the door to an expunction, and some deferred cases can be sealed through an order of nondisclosure.
Common Defenses
- Intent. Theft requires intent to deprive the owner of property. Mistakes, like forgetting an item in a cart, aren’t theft.
- Value. The level of the charge depends on value, and stores and prosecutors don’t always calculate it correctly.
- Identification and video. Store surveillance video is often less clear than the report describes.
- Ownership and consent. In disputes with employers, roommates, or family members, the question is often who owned the property or who agreed to what.
Related Pages
Talk to a Montgomery County Defense Lawyer
Call (713) 222-1800 for a free consultation, available 24/7. Hablamos español. Chúng tôi nói tiếng Việt.