Theft Lawyer in Conroe for Shoplifting, Robbery, and Burglary
A theft charge can feel small until you see what it touches. A shoplifting accusation at a store in The Woodlands, a dispute with an employer over missing money, or a burglary charge after a misunderstanding at a friend's house can follow you onto every background check you ever face. If you need a theft lawyer in Conroe or The Woodlands, the goal is simple: keep a mistake, or a false accusation, from becoming a permanent label.
At Griffin & Cain, Attorneys at Law, we defend theft, shoplifting, robbery, and burglary charges across Montgomery County as part of our criminal defense practice. Senior Attorney Stella A. Stevens spent nine years as a Montgomery County prosecutor, and every case begins with a complimentary consultation.
Theft, Robbery, and Burglary Are Different Charges
People use these words interchangeably, but Texas law does not, and the difference can mean years in prison:
- Theft means taking or controlling property without the owner's consent, intending to keep it from them. You do not have to leave the store for a theft charge to stick.
- Robbery is theft plus an injury or a threat. It includes force used while getting away, so a shoplifting case can become a second-degree felony if a shove on the way out causes a security guard pain.
- Burglary means entering a home or a building that is not open to the public, without consent, to commit a theft, an assault, or a felony. Breaking into a vehicle to steal is its own burglary offense. Nothing has to be taken, and reaching in with a hand counts as entering.
How the Value of the Property Sets a Theft Charge
- Under $100: Class C misdemeanor, a fine only
- $100 to under $750: Class B misdemeanor
- $750 to under $2,500: Class A misdemeanor
- $2,500 to under $30,000: state jail felony
- $30,000 to under $150,000: third-degree felony
- $150,000 to under $300,000: second-degree felony
- $300,000 or more: first-degree felony
When a Small Theft Becomes a Felony
Value is not the only thing that matters. A theft under $2,500 becomes a state jail felony if you have two prior theft convictions. Stealing a firearm, or taking property directly from a person, is a state jail felony at any value. Stealing from someone 65 or older raises the charge one level. And separate thefts that are part of one scheme can be added together, which is how a string of small amounts turns into a felony.
Repeat shoplifting now carries extra risk. Since September 2025, taking merchandise from stores on two or more occasions within 180 days can be charged as organized retail theft, which is graded about one level higher than ordinary theft and values the property at its posted price plus sales tax.
Stopped by Store Security or Arrested: What to Do Now
Loss prevention officers are trained to get admissions, and many people talk themselves into a charge by trying to explain. Stay calm, do not sign a written statement, and do not describe what happened to store staff or to police. After you are released, write down everything you remember, keep your receipts, and tell your lawyer about cameras, witnesses, and your payment records.
Within a few weeks, you may also receive a civil demand letter. Texas law lets a store pursue a civil claim for its losses plus up to $1,000 more. That demand is separate from the criminal case, and paying it does not make the charge go away. Talk to us before you pay or respond.
If you have been arrested or received a demand letter, send us a message through the form on this page.
How We Defend Theft, Robbery, and Burglary Charges
Intent. Theft requires an intent to deprive the owner. A distracted moment at a self-checkout, a forgotten item in a cart, or an honest belief that the property was yours is not theft.
Ownership and consent. Many theft cases are really disputes between roommates, family members, or business partners over who owned what, or who agreed to what.
Value. The charge level depends on the value the State can prove. Used items, damaged goods, and inflated estimates often do not hold up.
Identification. Store video is often grainy, and eyewitnesses often guess.
The search. Evidence found in an unlawful search of a car, a phone, or a home can be suppressed, and without it the State may not have a case.
The force or the entry. In a robbery case, we examine whether any force really happened during the theft or the escape. In a burglary case, we look at whether there was consent to enter and what you actually intended when you went in.
Robbery and Burglary: Why the Stakes Jump
Robbery is essentially a theft combined with an assault or a threat, and it is a second-degree felony, punishable by two to 20 years in prison. It becomes aggravated robbery, a first-degree felony punishable by five to 99 years or life in prison, when it involves a deadly weapon, a serious injury, or a victim who is 65 or older or disabled. A judge cannot give probation after an aggravated robbery conviction, parole requires serving half the sentence, and since November 2025 bail can be denied after a hearing.
Burglary of a home is a second-degree felony, or a first-degree felony when the person entered intending to commit, or actually committed or attempted, a felony other than felony theft. Burglary of another building is a state jail felony, and burglary of a vehicle is usually a Class A misdemeanor that climbs with prior convictions.
Why a Theft Conviction Hurts More Than Its Class Suggests
Theft is treated as a crime of moral turpitude, a legal term for offenses that reflect on honesty. That label has real consequences.
Your credibility. A theft conviction can be used to attack your testimony in future court cases, even when you are the victim or a witness.
Your job and housing. Retailers, banks, and employers that handle money or property screen specifically for theft, and so do many landlords.
Your immigration status. Theft offenses can trigger deportation or block a green card, and deferred adjudication after a guilty plea counts as a conviction under immigration law.
Your record. A dismissal or a completed diversion can be expunged, but a conviction generally cannot.
Accused of Theft?
Talk with a defense team that includes a former Montgomery County prosecutor. Your first consultation is complimentary. Send us a message using the form below.
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Theft Myths That Lead to Bad Decisions
- "I never left the store, so it is not theft." Concealing an item can be enough.
- "I gave it back, so it is over." Returning property can help with the prosecutor, but it does not erase the charge.
- "Paying the civil demand ends the case." It does not. The store's civil claim and the State's criminal case are separate.
- "Nobody was hurt, so it cannot be robbery." A threat, or a shove that causes pain, is enough.
- "Nothing was taken, so it cannot be burglary." Entering with the intent to steal is the crime.
Theft Cases in Montgomery County
Retail theft is an enforcement priority here. The Montgomery County Sheriff's Office has run retail theft operations around The Woodlands Mall, and a four-day operation in south Montgomery County in August 2026 led to 23 arrests, including organized retail theft and shoplifting charges. Class A and B misdemeanor theft cases are heard in the County Courts at Law, Class C cases go to justice or municipal courts, and felony theft, robbery, and burglary cases go to the district courts in Conroe. Vehicle break-ins in The Woodlands have drawn targeted patrols as well.
First-time shoplifting cases are the kind people hope will qualify for pretrial diversion, but the District Attorney's Office describes diversion as an extraordinary remedy that is rarely approved. The application requires a written admission and character references, and prior criminal conduct counts against you. A former Montgomery County prosecutor on your side knows what a strong request looks like and when to make it. If you have a court date coming up, reach out now so there is time to prepare.
Frequently Asked Questions About Theft Charges
Is shoplifting a felony in Texas?
Usually not. Shoplifting under $2,500 is a misdemeanor for most people. It becomes a state jail felony with two prior theft convictions, and repeat store thefts within 180 days can be charged as organized retail theft, which is a felony starting at $750.
What is the difference between theft, robbery, and burglary?
Theft is taking property without consent. Robbery adds an injury or a threat, even during an escape. Burglary is entering a home or a building not open to the public without consent to commit a theft, an assault, or a felony, or breaking into a vehicle to commit a theft or a felony, whether or not anything is taken.
Should I pay a civil demand letter from a store?
Talk to a lawyer first. Texas law allows a store to seek its losses plus up to $1,000 in a civil claim, but paying does not resolve the criminal case, and how you respond matters.
Can I be charged with theft if I never left the store?
Yes. Theft requires taking control of property with the intent to deprive the owner, which can happen before you reach the door. Intent is often the key issue in these cases, and store video of what you did with the item, and when, can cut either way.
Can a theft charge be dismissed in Montgomery County?
Yes. A case can be dismissed on the evidence, resolved through pretrial diversion in some cases, or won at trial. A dismissal can often be expunged, which is why the first decisions in the case matter so much.
Can I get probation for aggravated robbery?
A judge cannot order probation after an aggravated robbery conviction. Deferred adjudication remains possible, and a jury can recommend probation in limited circumstances.
Talk to a Conroe Theft Lawyer Today
A theft charge often comes from a bad moment, a misunderstanding, or someone else's accusation. Your record should not be defined by it. Griffin & Cain, Attorneys at Law, defends theft, robbery, and burglary charges in Conroe, The Woodlands, and throughout Montgomery, Harris, Walker, and Grimes Counties, with a former Montgomery County prosecutor on our legal team. If an employer accuses you of taking money over time, our page on white collar and embezzlement charges covers those cases in depth.
Contact our Conroe office for a complimentary consultation. We will review the accusation, the evidence, and the most realistic path to protecting your record.
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Contact Our Office
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We will provide a complimentary consultation so that you can discuss your issue with us. Get started by calling us or contacting us via email, and we will respond as soon as possible.
Phone:
936-539-1011
Address:
400 W. Davis St., Suite 200. Conroe, TX. 77301