how much does an attorney cost for a misdemeanor theft in texas

by Miss Rhea Parker PhD 6 min read

Having an attorney handle a guilty plea and diversion program application for shoplifting charges runs about $1,000-$3,000, depending on location and how much negotiation is required. Attorney fees for going to trial can be $5,000-$10,000 or more, depending on the nature of the charges and the complexity of the case.

Full Answer

How much does a misdemeanor lawyer cost?

Aug 26, 2020 · Theft of property less than $100 if the defendant has previously been convicted of any grade theft; Indecent exposure; Possession of two ounces or less of marijuana; Generally, the costs of a criminal defense attorney in Texas can range from $2,500 to $8,000 for a misdemeanor charge. The higher-end is typically for more serious misdemeanor charges.

What is a Class C misdemeanor theft charge in Texas?

Let's take a closer look at different theft offenses in the state of Texas. Class C Misdemeanor Theft. Theft is a class C misdemeanor if the value of the stolen property or services is less than $100. The punishment for a class C misdemeanor includes a fine up to $500 but does not involve any jail time. Class B Misdemeanor Theft

What are the penalties for theft in Texas?

Aug 13, 2018 · Texas theft charges and penalties are as follows: $100 or less: Class C misdemeanor punishable by a $500 fine and no jail time. $100-$750: Class B misdemeanor punishable by 180 days in jail and a fine up to $2,000. $750-$2,500: Class A misdemeanor punishable by one year of jail time and a fine of up to $4,000.

What is the punishment for theft of a driver's license?

Aug 26, 2020 · An attorney who works on an hourly rate may also charge a retainer fee on top of their hourly legal fees. Taking all of these factors into account, the average cost of a criminal defense attorney for a misdemeanor ranges from $1,500 to $5,000, with lower-level, uncomplicated misdemeanors sitting at the bottom end of the spectrum.

How can I drop theft charges in Texas?

Defensive Strategies Against Theft Charges The most important action you can take after your arrest is to contact a skilled criminal defense attorney. Your lawyer will work with you to assess every detail of the case, looking for violations of your rights or other grounds for having the charges reduced or dropped.Dec 11, 2021

How much can you steal in Texas without going to jail?

the stolen property or services is valued at $2,500 or more but less than $30,000. the value of the stolen property is less than $2,500, and it's the defendant's third or subsequent theft offense.

What is the limit for petty theft in Texas?

Theft is a Class C Misdemeanor if the property stolen is valued at less than $100 and carries a fine of no more than $500 and no jail time.

How much is a lawyer in Texas?

How much do lawyers charge in Texas? The typical lawyer in Texas charges between $130 and $415 per hour. Costs vary depending on the type of lawyer, so review our lawyer rates table to find out the average cost to hire an attorney in Texas.

Can petty theft charges be dropped?

Yes, in some cases, petty theft charges can be dropped. Defendants can complete a pretrial diversion program, take a plea bargain that reduces the charges, or present prosecutors with exculpatory evidence. ... They all keep a costly conviction from appearing on the defendant's criminal background.Jan 8, 2022

How do I beat theft charge at Walmart?

If you complete the pretrial diversion program successfully, the theft charges against you will be dismissed entirely. Then, once two years have passed, you can request that the charges be expunged from your record.

Do misdemeanors go away in Texas?

How long does it take a misdemeanor to go away? Legally speaking, a misdemeanor is on your record for life. However, in some cases, background checks will only go back a certain number of years. For instance, in Texas, there is a “seven-year rule” in place.

How do you beat a shoplifting charge in Texas?

Hire a lawyer who can help you fight a shoplifting charge using one of the following defenses:Mistake of fact.The property in question was yours.Intoxication defense.Mistaken identity.Entrapment.Miscalculation of the value of the item taken.Illegal search and seizure.Lack of intent.

Is theft a misdemeanor or felony in Texas?

In Texas, theft becomes a felony when a specific object was taken, the property was valued at $2,500 or more, or the alleged offender has prior theft convictions. Absent these criteria, the offense is charged as a misdemeanor.Apr 19, 2021

Can you sue someone for theft?

If you are accused of theft, the business can still take civil action for compensation against you, even if they have recovered the goods they claim you stole. ... For example, if you have been accused of theft, the business must prove that you committed the theft.

How much is a retainer fee for a lawyer?

Overview. A retainer fee can be any denomination that the attorney requests. It may be as low as $500 or as high as $5,000 or more. Some attorneys base retainer fees on their hourly rate multiplied by the number of hours that they anticipate your case will take.

What happens if someone presses charges on you for theft?

If you are having charges pressed against you, they will be in the police report. ... You can also ask the police to perform a check for charges against you. If they are investigating your involvement in a crime but have not pressed charges yet, they do not have to tell you that they are investigating you.Sep 20, 2021

How can charges be dropped before court date?

How Criminal Charges Get DismissedProsecutors. After the police arrest you, the prosecutor charges you with a criminal offense. ... Judge. The judge can also dismiss the charges against you. ... Pretrial Diversion. ... Deferred Entry of Judgment. ... Suppression of Evidence. ... Legally Defective Arrest. ... Exculpatory Evidence.Jun 22, 2021

What is the maximum sentence for theft from employer?

7 yearsA person found guilty of theft from employer on conviction on indictment would be liable to a maximum custodial sentence of 7 years.

Defining Theft Under Texas Law

A person commits theft under Texas law if the person “unlawfully appropriates property with intent to deprive the owner of property.” (Tex. Pen. Co...

Classification and Penalties For Theft in Texas

Like the majority of states, Texas classifies its theft offenses according to the value of the stolen property or services -- and in some instances...

Civil Penalties For Theft in Texas

In addition to criminal penalties, a person who commits theft (including shoplifting) in the state of Texas may be civilly liable to the theft vict...

Effect of Prior Convictions on Current Theft Charge in Texas

If a person has one prior conviction for any level of theft, any theft that the person later commits in Texas, involving property or services value...

What Factors Cause Criminal Defense Costs to Vary?

There are several factors that can affect the overall costs of a criminal case: 1. Defendant’s Income – The defendant’s income determines if he or...

How Much Will It Cost If The Lawyer Charges A Flat fee?

If a lawyer charges a flat fee, and the charge is a misdemeanor, expect to pay anywhere between $1,000-$3,000. If there is a possibility of trial,...

Why Would Lawyers Charge An Hourly fee?

Accomplished and well-known attorneys often choose to charge clients by the hour instead of according to a flat rate. In addition, if a case is com...

Do I Need An Attorney to Represent Me?

Even if you believe you have committed a crime and wish to plead guilty, it is extremely important to consult an experienced attorney before respon...

Is One Fee Structure Better Than another?

Ultimately, the best billing structure is the one that works for the client. Criminal defense lawyers understand how stressful of a time this is, a...

What is the penalty for theft in Texas?

Penalties range from a misdemeanor to a first-degree felony.

What are the crimes that are considered theft in Texas?

In addition to theft of property and services, Texas statute identifies several other crimes relating to theft, including: organized retail theft. theft of trade secrets. theft by check, and. cargo theft. This article discusses the classifications and penalties for offenses that fall under the general theft statute.

What is a misdemeanor for theft?

Class A Misdemeanor Theft. Theft is a class A misdemeanor if the value of the stolen property or services is $750 or more but less than $2,500. The punishment for a class A misdemeanor can include a fine of no more than $4,000, imprisonment for no more than one year, or both.

How does Texas classify theft?

Like most states, Texas classifies its theft offenses according to the value of the property or services stolen—and, in some cases, by the type of property involved in the theft.

What is theft in Texas?

Defining Theft Under Texas Law. Texas's general theft law covers a broad range of unlawful conduct, including embezzlement, extortion, swindling, and receiving stolen property. A person can steal personal property (such as a TV, car, or money in a bank account), real property (such as land or title to land), documents ...

What is a class B misdemeanor?

Class B Misdemeanor Theft. Theft is a class B misdemeanor if: the value of the stolen property or services is $100 or more but less than $750. the value of the stolen property is less than $100, and it's the defendant's second or subsequent theft offense, or. the stolen property is a driver's license or another identification card.

What is class C theft?

Class C Misdemeanor Theft. Theft is a class C misdemeanor if the value of the stolen property or services is less than $100. The punishment for a class C misdemeanor includes a fine up to $500 but does not involve any jail time.

What is theft in Texas?

Texas law defines theft as being when an individual “unlawfully appropriates property with the intent to deprive the owner of the property.”.

Where is Brandon Fulgham?

Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU, and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor, building cases designed to put people behind bars. Now, he uses that knowledge to protect the rights of people in and around Fort Worth, making sure they receive the strongest possible defense when they find themselves on the wrong side of the law. He has been recognized for his work by The National Trial Lawyers, Fort Worth Magazine, and others.

Is theft a misdemeanor in Texas?

An important distinction to make with Texas theft charges is whether the offense (or offenses) in question will be considered a misdemeanor or a felony. Felony theft charges are much more likely to result in time in jail, and to make options such as diversion programs less attainable.

Can theft charges be lumped together?

However, even when multiple theft charges are lumped together, each instance must be examined separately. For example, if the evidence for one theft offense is not sufficient, it may be possible to break up your charges, reducing your charge from a felony to a misdemeanor.

Is theft a reasonable doubt in Texas?

The State of Texas is required to prove these elements of theft beyond a reasonable doubt and a good criminal lawyer will be able to take advantage of the weaknesses of the prosecutor’s case to obtain a favorable result.

Can you be bumped up to the next bracket for theft?

If you are a public servant, in contract with the government or are a Medicare provider and the theft was related to this capacity , the penalty may be bumped up to the next bracket.

Can a misdemeanor be combined with a felony?

If your misdemeanor-level charges are aggregated into a single felony-level charge, it’s also more likely that prosecutors will seek jail time. Combining charges will also affect plea bargaining – if you exhibit a pattern of repeated theft, prosecution is less likely to go easy on you.

How much does a lawyer charge for a misdemeanor?

If you face a misdemeanor charge and the lawyer charges a flat fee, expect to pay somewhere between $1,500-$3,500. If going to trial is a possibility, you can expect the fee to be between $3,000-$5,000.

How much does a criminal defense attorney charge per hour?

You can expect to pay anywhere from $100 to $300 per hour to hire a criminal defense lawyer according to CostHelper. For example, Thumbtack says, “ if an attorney has a $200 hourly fee, he or she may require a 10-hour retainer fee of $2,000 ”

How much does a first degree felony cost?

TheLawMan says, “ most will agree that the cost for a first-degree felony is at least $10,000, often more. For the most experienced lawyers, you should expect to pay between $35,000 and $100,000 or even more .”.

How much does a lawyer cost?

A lawyer costs about $2,000 to $3,000 for a misdemeanor. According to Nolo, “ a defendant charged with a misdemeanor that goes to trial should not be surprised by a legal fee in the neighborhood of $2,000–$3,000; an attorney may want an advance of around $2,500, and $1,000 per day of trial in a felony case .”.

How much does a psychologist charge for a defense?

Expert witnesses and investigators require an average retainer fee of $2,500 and they may charge in excess of $300 per hour. Attorney’s Fees – Attorney’s fees vary depending on several different factors.

What factors to consider when assessing the overall costs of a criminal case?

There are many factors to consider when assessing the overall costs of a criminal case: Investigators and Expert Witnesses – Very often criminal cases have multiple and complex issues that require expert witnesses and/or investigators. To demonstrate, a defense attorney may hire the services of someone who specializes in chemical testing ...

Do attorneys charge by the hour?

Some attorneys and those who are already well known in their practice area will often charge by the hour to their clients as opposed to using a flat rate fee. Additionally, if an appropriate flat fee cannot be determined because or the complexity of a case, the attorney may decide to charge an hourly rate instead .

How much does a criminal defense lawyer charge per hour?

Typically, you can expect to pay $150 to $700 an hour for a criminal defense lawyer’s time. With an hourly fee structure, it is not uncommon for legal bills to get into the $10,000 to $15,000 range quickly.

How does income affect criminal defense costs?

There are several factors that can affect the overall costs of a criminal case, including: Defendant’s Income: Your income determines whether you are eligible for a court-appointed attorney, or whether you need to hire your own attorney.

What is hourly fee?

Hourly fees are by far the most common type of fee arrangement utilized by criminal defense attorneys. As discussed above, attorneys often feel that flat fee arrangements are not a dependable way of measuring the various factors and costs associated with representing a client facing criminal charges.

Why do attorneys not agree to flat fee?

Further, many attorneys will not agree to a flat fee arrangement, due to the varying nature of the criminal process. An attorney may also have a clause in a flat fee arrangement that allows them to increase the flat fee, should the case proceed to trial.

What are the consequences of hiring a criminal lawyer?

These may include jail time, creation of a criminal record, monetary fines, loss of future employment opportunities, or more. Therefore, it is often in your best interests to find and hire an experienced and well qualified criminal defense attorney to assist you with your charges.

What does a criminal defense attorney do?

At a minimum, a criminal defense attorney will ensure that the charges brought against you are appropriate, given the facts of the case and advocate on your behalf to receive the lowest possible penalty. The criminal procedure process is a complex matter, and the nuances of the differences of criminal charges are even more complex.

What is the difference between petty theft and grand theft?

The difference between the values is the difference between petty theft, which carries a misdemeanor charge, and grand theft which carries a felony charge. While a person has the right to proceed in their own defense, even experienced criminal lawyers will admit to not wanting to defend themselves.

How much does a lawyer charge for a misdemeanor in Florida?

Resisting arrest without violence. Possession of marijuana. Many lawyers in Central Florida will charge anywhere between $2000 and $3,500 for a first-degree misdemeanor. You can also hire a cheap lawyer for just under $1,000, or go with a more experienced attorney at $5,000 or more.

How much does a criminal defense lawyer cost in Florida?

Third-degree felonies, which are punishable by five years in prison, or a $5,000 dollar fine, or five years probation, the average range for a criminal lawyer in central Florida is anywhere between $3,500 to $10,000 dollars.

How much does a second degree lawyer charge?

The average lawyer will charge anywhere from $1,500 to $3,500. The cheaper and inexperienced attorneys will charge as low as $750, while more expensive attorneys will charge about $4-5,000 dollars. Examples of second-degree misdemeanors include:

How much does a first degree felony cost?

However, most will agree that the cost for a first-degree felony is at least $10,000, often more.

How long does it take to get a misdemeanor?

For example, a misdemeanor, on average, may take anywhere from two to six months and the payment plans will run accordingly. The lawyer in a misdemeanor case will typically ask for a 1-3 month payment plan and in some cases, they will extend it out to six months.

How much is a second degree felony?

Second-Degree Felonies. Second-degree offenses are punishable by up to 15 years in prison and you can expect to pay anywhere between $5,000 and $25,000 for legal representation. These type of charges can include: Purchase of a controlled substance. Dealing in stolen property.

How to choose a criminal defense lawyer?

Choosing the Best Criminal Lawyer For Your Charges. Make sure that you are upfront and honest with your attorney about what you can afford and make sure that you find a criminal defense attorney that’s within your budget. However, just realize that not all lawyers are created equal. Remember, to a lawyer, time is money.

How much does a criminal defense attorney cost?

How much are criminal defense attorney fees? On average, a criminal defense attorney costs $200 an hour, but how much you’ll pay can vary greatly depending on your case. Some clients pay $100 to $150 an hour, and others pay more than $300 to $350 an hour.

How to save money on legal fees?

The best way to make sure you save money on legal fees is to discuss payment plan options with your attorney. Your defense lawyer may be willing to work with you to develop a billing plan or charge you one flat fee for your case.

What is an initial retainer?

This is an up-front advance payment that the attorney will draw from to cover your legal fees as the work is completed. Retainers can vary, depending on the lawyer’s hourly rate and the complexity of the case.

What is retainer in a defense case?

This is an up-front advance payment that the attorney will draw from to cover your legal fees as the work is completed. Retainers can vary, depending on the lawyer’s hourly rate and the complexity of the case.

Why is it important to hire a lawyer?

If you’ve been arrested or are facing prosecution for a crime, it’s important to hire a defense attorney who can guide you through the legal process, explain your rights and options, and defend your case. It’s often best to hire a lawyer as soon as you’ve been accused of a crime to ensure your rights are protected.

Can a misdemeanor be a felony?

Misdemeanor and felony charges vary by state, but generally, a defendant charged with a misdemeanor likely won’t pay as much as someone who needs legal representation for a felony.

Can a defense lawyer charge a fee?

Your defense lawyer may be willing to work with you to develop a billing plan or charge you one flat fee for your case. Although an attorney may be willing to structure a payment plan, be aware that defense lawyers aren’t typically allowed to charge contingent fees for a criminal case.

How much is theft a felony?

However, the dollar amount value of the stolen property that turns a theft charge into a felony is $2,500 or more .

What to do if you have been accused of theft?

If you or a loved one has been accused of a theft, you have the right to defend your case in a court of law. Hiring the Law Office of John L. Venza Jr can help you fight for your rights against criminal accusations. Call (281) 817-8737 now for a free consultation concerning your theft case. Categories.

What is the value of a stolen property?

A theft charge is one of the following based on the value of the stolen property: $2,500 or more but less than $30,000: State jail felony; $30,000 or more but less than $150,000: Third-degree felony; $150,000 or more but less than $300,000: Second-degree felony; and. $300,00 or more: First-degree felony. As you can see, a theft charge can range ...

Is theft a felony?

When Does a Theft Charge Become a Felony? Many criminal offenses are misdemeanors (convictions that may result in less than a year of jail time), and some are strictly felonies (charges that may result in more than a year of jail time). However, some criminal offenses can be charged as either one depending on the circumstances.

How much does an attorney charge for an hourly fee?

A lawyer working on an hourly basis deducts the hourly rate (usually $100-$300 /hour or more) from the retainer as the work is done. When the retainer is gone, you will be billed for additional money.

What is shoplifting a misdemeanor?

In most states, shoplifting items worth less than $200-$500 is a petty theft misdemeanor charge , while taking goods of greater value may bring a grand theft or larceny felony charge.

What are the penalties for shoplifting?

What should be included: 1 Shoplifting is governed by state laws, so the charges and penalties will vary based on location. In most states, shoplifting items worth less than $200-$500 is a petty theft misdemeanor charge, while taking goods of greater value may bring a grand theft or larceny felony charge. OnlineLawyerSource.com provides an overview of shoplifting [ 1] . 2 Some states have diversion programs in which first-time misdemeanor offenders can do community service in exchange for having the charges dropped with no fines, no jail time and no record, while other states may impose some or all of these penalties. The nature of the charges brought against you (misdemeanor or felony) and the standard shoplifting penalties in your state will have a great deal to do with whether you'll need an attorney to help you navigate the legal system. 3 Anything you tell your attorney is confidential, but your attorney cannot lie to the court for you or knowingly offer a false defense. 4 FindLaw.com explains what a criminal defense lawyer does [ 2] .

How much does it cost to get restitution?

This runs about $50-$200 or more , depending on what's allowed under state law.

Can you afford a lawyer for felony theft?

If you want to be represented by an attorney (particularly if you're facing felony theft charges because of the value of the merchandise) but you can't afford one, you must ask the court to appoint a lawyer at government expense. You will need to provide the court with details about your finances.