Theft & Property Crime Defense Lawyer in Montgomery County
Theft and property crime charges in Texas range from Class C misdemeanors to first-degree felonies, depending on the value of what was allegedly taken and the circumstances of the offense. A conviction can result in a permanent criminal record that affects employment, housing, and professional licensing. The Law Office of Timothy Rose handles theft, burglary, shoplifting, and robbery defense in Conroe and throughout Montgomery County.
What to Do If You Are Charged with Theft in Montgomery County
Do not make statements to police or store security personnel without speaking to an attorney first.
Gather any receipts, communications, or documentation that may be relevant to the charge.
Note the details of what happened — where you were, who was present, and what was said.
Contact a theft defense attorney as soon as possible. Early involvement gives your attorney more options.
Review your court paperwork carefully. Confirm your court date and do not miss it.
Theft Charge Levels in Texas: Misdemeanor vs. Felony
In Texas, theft charges are classified based on the value of the property allegedly taken. The charge level determines potential penalties, including jail time, fines, and whether the offense becomes a felony on your record.
Class C Misdemeanor — Value Under $100
Fine only, up to $500
No jail time
Still results in a criminal record if convicted
Class B Misdemeanor — Value $100 to $749
Up to 180 days in county jail
Fine up to $2,000
Class B Misdemeanor — Value $100 to $749
Up to 180 days in county jail
Fine up to $2,000
State Jail Felony — Value $2,500 to $29,999
180 days to 2 years in state jail
Fine up to $10,000
Third-Degree Felony — Value $30,000 to $149,999
2 to 10 years in state prison
Fine up to $10,000
Third-Degree Felony — Value $30,000 to $149,999
2 to 10 years in state prison
Fine up to $10,000
First-Degree Felony — Value $300,000 or More
5 to 99 years in state prison
Fine up to $10,000
Fine up to $10,000
Prior theft convictions can also elevate the charge level regardless of the value involved. For example, a second theft conviction — even for a low-value item — can be charged as a Class A misdemeanor.
Important
These are general ranges under Texas law. The specific charge and potential penalties in your case depend on factors including the circumstances of the alleged offense, any prior criminal history, and how the prosecutor charges the case. Contact an attorney to discuss the specifics of your situation.
Types of Property Crime Charges We Handle
Shoplifting and Retail Theft
Shoplifting charges in Texas are prosecuted under the theft statute. The charge level depends on the value of the merchandise. Even low-value shoplifting charges can result in a criminal record and, in some cases, civil demand letters from the retailer. Repeat offenses can escalate the charge level significantly.
Robbery
Robbery occurs when theft is committed and the person intentionally, knowingly, or recklessly causes bodily injury, or threatens or places another person in fear of imminent bodily injury. Robbery is a second-degree felony. Aggravated robbery — which involves a deadly weapon or causes serious bodily injury — is a first-degree felony
Theft by Check
Passing a check with insufficient funds with intent to defraud can be charged as theft in Texas. The charge level depends on the amount of the check.
Burglary
Burglary in Texas involves entering a building or habitation without consent with the intent to commit a crime inside. Burglary of a habitation (a home) is a second-degree felony. Burglary of a building other than a habitation is a state jail felony. The charge does not require that anything actually be taken — the intent at the time of entry is the central element.
Motor Vehicle Theft
Unauthorized use of a vehicle is a state jail felony. Theft of a vehicle is charged under the standard theft statute using the vehicle's value to determine the charge level.
How a Property Crime Case Typically Moves Through Montgomery County Courts
The process for theft and property crime cases in Montgomery County generally follows the same sequence as other criminal cases, but some steps are particularly important for these charges.
Arrest or citation
Some lower-level theft offenses result in a citation rather than an arrest. More serious charges typically involve arrest, booking at the Montgomery County Jail, and a bond determination.
Charges filed
The prosecutor reviews the case and decides what charges to file. The filed charges may differ from the initial arrest charge.
Arraignment
Your first court appearance. You enter a plea. Your attorney will advise you on how to respond.
Discovery
Your attorney requests the evidence, including surveillance footage, witness statements, loss prevention reports, and any admissions made at the time of the incident.
Pretrial motions and negotiation
Your attorney may challenge the evidence or negotiate with the prosecutor. Outcomes can range from dismissal to reduced charges to deferred adjudication, depending on the facts.
Trial
If no acceptable resolution is reached, the case proceeds to trial. The state must prove every element of the charge beyond a reasonable doubt.
Possible Defenses in a Theft Case
The appropriate defense depends on the specific facts of your case. The following are general examples of issues that may be relevant — not a guarantee of any particular result.
Lack of intent
Texas theft requires intent to deprive the owner of property. Mistakes, misunderstandings, or intent to return the item may be relevant to the charge.
Ownership or consent
If you had a claim to the property or the owner gave you permission to take or use it, that is relevant to whether a theft occurred.
Identity issues
Surveillance footage, witness identification, and store security reports can all contain errors. Your attorney may challenge whether you were correctly identified.
Value disputes
The value of the property determines the charge level. Your attorney may challenge how the prosecution has calculated the value.
Constitutional issues
If evidence was obtained through an unlawful search or seizure, your attorney may file a motion to suppress.
Frequently Asked Questions About Theft Charges in Montgomery County
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In Texas, theft becomes a felony when the value of the property allegedly taken is $2,500 or more. At $2,500, the charge is a state jail felony. Higher values result in more serious felony levels. Prior theft convictions can also elevate a charge to felony level regardless of value.
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Depending on the facts and your prior history, there may be options available — including deferred adjudication or diversion programs in some cases. There are no guarantees, but speaking with an attorney before your first court date gives you the best chance to understand your options.
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Theft involves taking someone's property without their consent. Robbery involves taking property through the use or threat of force. Robbery is a felony. Even if no weapon was involved, placing someone in fear of bodily harm during a theft can elevate the charge to robbery.
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Yes. A theft conviction in Texas creates a criminal record that typically appears on background checks. This can affect employment, housing applications, and professional licensing. In some cases, a deferred adjudication or expunction may limit what appears on a background check. Contact an attorney to discuss your specific situation.
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Civil demand letters are sent by retailers separate from the criminal case. Responding to one or paying it does not resolve the criminal charge. Do not respond to a civil demand letter without first speaking with an attorney about how it may interact with your criminal case.
Speak With a DWI Lawyer in Montgomery County
If you or a family member has been charged with theft, shoplifting, burglary, or robbery in Conroe or Montgomery County, contact the Law Office of Timothy Rose. Consultations are confidential.
Request a consultation. If you were arrested or have a court date, call as soon as possible.