Theft Lawyer In Conroe, TX
Every theft case in Texas, from a self-checkout stop to a missing payroll account, is charged under one statute, and the dollar figure the state alleges decides the level, the court and the range. This page explains the elements, the value ladder, the defenses and the local process.
What Is Theft In Texas?
Under Texas Penal Code § 31.03, theft is unlawfully appropriating property with intent to deprive the owner of it. The value of the property sets the grade, from a Class C misdemeanor under $100 to a first degree felony at $300,000 or more. Prior theft convictions and certain kinds of property can raise the level.
Understanding Texas Law
How Does Texas Law Define Theft?
Theft is unlawfully appropriating property with intent to deprive the owner of it, under Texas Penal Code § 31.03. The definition has three working parts, and the state has to prove all of them beyond a reasonable doubt.
- Appropriation: acquiring the property or exercising control over it, such as carrying an item past the registers or keeping a borrowed truck
- Without effective consent: the owner did not truly agree, including consent obtained by deception, or the person knew the property was stolen
- Intent to deprive: the person meant to keep the property from the owner at the time of the taking
The last element is a question about what someone was thinking, and in Montgomery County as anywhere in Texas it has to be proved like every other element.
Situations that can end up charged as theft:
- A self-checkout stop where some items were never scanned
- An employee accused of taking cash from a register
- Tools or a vehicle lent to a friend and never returned
- A deposit paid to someone who did not deliver
- A return for cash on merchandise the store says was never bought
Some of those are clear. Others look more like a misunderstanding or a civil dispute, and the line between a contract problem and a crime is the intent the state can prove.
Penalties And Consequences
What Are The Penalties For Theft In Texas?
Value is fair market value when and where the property was taken, or replacement cost if market value cannot be found, under § 31.08. That number places the case on this ladder. These are statutory limits, not predictions.
180 days to two years in a state jail facility.
Two to ten years in prison.
Five to 99 years or life.
- Under $100
- Class C misdemeanor. Fine of up to $500 and no jail. Class B if the person has a prior theft conviction.
- $100 to under $750
- Class B misdemeanor. Up to 180 days in county jail and a fine of up to $2,000.
- $750 to under $2,500
- Class A misdemeanor. Up to one year in county jail and a fine of up to $4,000.
- $2,500 to under $30,000
- State jail felony. 180 days to two years in a state jail facility. The same level applies under $2,500 with two or more prior theft convictions.
- Special property
- Some items raise the level regardless of value, including a firearm, property taken from a person, certain metals, and a Texas or other state driver's license or ID card, which is a Class B.
- $30,000 to under $150,000
- Third degree felony. Two to ten years in prison.
- $150,000 to under $300,000
- Second degree felony. Two to twenty years in prison.
- $300,000 or more
- First degree felony. Five to 99 years or life. Each felony level carries a fine of up to $10,000.
Real Questions
What Do People Ask About Theft In Texas?
Can a small theft climb the ladder?
What is the difference between theft and a civil dispute?
Does a store's civil letter affect the criminal charge?
Does returning the item end the case?
Possible Defenses
How Can A Theft Charge Be Defended?
The state has to prove appropriation, lack of consent, intent to deprive and the value alleged. An attorney reviews the video, the loss report and the statements to see where the facts and the charge do not line up. No result can be promised.
Intent and value are the two most contested points. A person who believed an item belonged to them, or who forgot to pay, did not necessarily intend to deprive an owner.
Evidence and constitutional issues.
Store video, receipts, inventory records and employee statements form most shoplifting and employee theft files. If a person was detained and searched, the basis for the detention and any statements made can be reviewed. A price tag is not always the legal value, which is measured under § 31.08.
The outcomes the system allows include dismissal, a reduced value tier, deferred adjudication, a plea or trial.
Intent
Did the person mean to keep the property, or was it a mistake or a misunderstanding?
Consent
Did the owner agree, expressly or by conduct?
The Value
Is the figure market value or replacement cost, and is it supported by records?
Aggregation
Are separate takings fairly added together under one scheme?
Identity
Does video or a witness actually show who took the property?
Prior Convictions
Does an alleged prior really count and properly raise the level?
Local Process
What Happens After A Theft Arrest In Montgomery County?
The value alleged decides the court. A Class C starts with a citation, and a felony starts with a grand jury.
Report, Citation Or Arrest
Store security or an officer takes a report and decides whether to cite or arrest.
Filing And Bond
A magistrate sets bond. A misdemeanor is filed by complaint and information, and a felony goes to a grand jury.
Evidence And Resolution
The defense requests the state's evidence. The case can end in dismissal, a reduction, a plea, supervision or trial.
- Class A and B cases
- Filed in one of the Montgomery County Courts at Law and prosecuted by Montgomery County District Attorney's Office.
- Felony theft
- Grand jury, then heard in the district courts at the Montgomery County Criminal Justice Center on 207 W Phillips St, prosecuted by the Montgomery County District Attorney's Office.
- Class C tickets
- A justice of the peace court, or a municipal court for a citation written inside a city.
- Separate courthouses
- Felony and misdemeanor dockets are in different buildings in Conroe, so each setting notice should be read for its location.
- Who makes the arrest
- Conroe Police Department, Montgomery County Sheriff's Office, Texas DPS Highway Patrol, Montgomery County Constables, Precincts 1 through 5, Willis Police Department, Shenandoah Police Department, Oak Ridge North Police Department, Magnolia Police Department, Splendora Police Department, or Roman Forest Police Department.
- Where you are booked
- The Montgomery County Jail at 1 Criminal Justice Drive.
A deferred result can lead to an order of nondisclosure, and a dismissal can lead to an expunction. A theft conviction stays permanent.
Next Steps
What Should You Do After A Theft Charge?
These steps are general information, not advice for any one person.
Do Not Discuss It With Store Staff
Statements to loss prevention can be used as evidence.
Keep Receipts And Messages
Proof of purchase, payment or permission can matter a great deal.
Read Any Civil Letter Carefully
A demand letter is a separate claim, so ask before paying it.
Learn The Alleged Value
The number decides the level and the court, so find out how it was reached.
List Prior Theft Cases
Earlier convictions can raise the level.
Ask Before Paying A Ticket
A Class C payment is a plea that creates a conviction.
A lawyer can review the value, the video and the elements before decisions are made. Mitchell Law Firm offers a confidential conversation about theft charges in Montgomery County.
Official Texas Sources
Read The Law Behind This Page
- Texas Penal Code Chapter 31: Theft, § 31.03, § 31.04, § 31.08 and § 31.09
- Texas Penal Code Chapter 12: Punishment classes and ranges
- Texas Civil Practice and Remedies Code Chapter 134: Texas Theft Liability Act
- Texas Code of Criminal Procedure Chapter 39: Discovery of the state's evidence
- Texas Code of Criminal Procedure Chapter 55A: Expunction of criminal records
- Texas Government Code Chapter 411, Subchapter E-1: Orders of nondisclosure
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Conroe trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Related Topics
Other Criminal Charges Handled In Conroe, TX
Property charges travel together, and a theft case can sit beside damage, fake document or probation allegations from the same facts. See the full criminal defense overview for Conroe.
Other Criminal Charges
Property, weapons, and public order offenses that sit outside the main categories.
Probation And Sentencing
What a sentence can look like, and what happens when the terms of one are challenged.
Records And Defense
How a case can come off, or be shielded on, a record, and the defense tools the law provides.
Common Questions
Theft Questions People In Conroe Ask
At what dollar amount does theft become a felony in Montgomery County?
Under Texas Penal Code § 31.03(e), theft of property worth $2,500 or more, and under $30,000, is a state jail felony, with 180 days to two years in a state jail facility. Below that it is a misdemeanor: Class C under $100, Class B from $100, and Class A from $750. Two or more prior theft convictions can make a theft under $2,500 a state jail felony as well.
Is shoplifting charged differently from other theft in Conroe, TX?
Texas has no separate shoplifting statute. Leaving a store with merchandise that was not paid for is charged as theft under § 31.03 and graded on the same value ladder as any other theft. Store video, the loss prevention report and register data are the pieces a shoplifting file is built from, and each can be examined.
What is theft of service in Montgomery County?
Theft of service, under Texas Penal Code § 31.04, is obtaining a service with intent to avoid paying for it. Examples include leaving a restaurant without paying, keeping rented equipment past the agreement and diverting utility service. The statute includes presumptions for rental property not returned after written demand, and it uses the same value ladder as property theft.
Does a civil demand letter mean I will be prosecuted for theft in Conroe?
A civil demand letter is a claim under the Texas Theft Liability Act, Chapter 134 of the Civil Practice and Remedies Code, which allows actual damages plus additional damages of up to $1,000. It is separate from the criminal case. Paying it does not end a prosecution, and the decision to file charges rests with the prosecutor.
Can several small thefts be combined into one felony in Montgomery County?
Section 31.09 of the Penal Code allows amounts taken under one scheme or continuing course of conduct to be added together into a single charge. The total, not each individual taking, then sets the level. That is how a series of small register shortages or returns can reach the state jail felony range at $2,500.
Can a theft arrest in Conroe, TX be removed from a record?
A theft case that ends in dismissal or acquittal can qualify for expunction, which destroys the arrest records. A case resolved through deferred adjudication can qualify for an order of nondisclosure, which seals it from most private background checks. A final theft conviction cannot be expunged, and each remedy has its own eligibility rules and waiting periods.
Mitchell Law Firm, PLLC
Your Record Is Worth Protecting
The value alleged sets the level of a theft charge. How that figure was reached comes before any decision about the case.
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