Criminal Defense

Theft & Property Crime Defense

A theft conviction brands you as dishonest, affecting jobs and housing for years. The dollar amount alone can turn a misdemeanor into a felony.

Written by

Misty Gaubatz, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. Over two decades in the practice of law focusing on family law, criminal defense, and DUI defense, with federal and state court experience and a Certificate in Mediation.

Montana Bar #122346+ years as an attorney, with over two decades working in the lawLast reviewed: June 19, 2026

A theft charge is about more than the property at issue; it's about your reputation. Because theft is a crime of dishonesty, a conviction can follow you onto every background check, raising doubts with employers, landlords, and licensing boards for years. The good news: theft cases turn on intent and value, and both are frequently challengeable. Having worked in prosecution, I know precisely how the State tries to prove these cases.

How Montana Defines Theft

Montana's primary theft statute, MCA § 45-6-301, is broad. It generally covers knowingly obtaining or exerting unauthorized control over another person's property with the purpose of depriving them of it. That umbrella includes shoplifting, theft by deception, theft of services, embezzlement-style conduct, and knowingly possessing stolen property.

The $1,500 Line Between Misdemeanor and Felony

Value is everything in a theft case. Theft of property worth more than $1,500 is a felony; theft of property worth $1,500 or less is generally a misdemeanor. Because that threshold is the difference between a county-jail misdemeanor and felony prison exposure, the State's valuation is often worth challenging directly, because an inflated or unsupported value can drop a felony down to a misdemeanor.

Intent Is the Heart of the Case

The State must prove you acted with the purpose of depriving the owner of their property. That requirement opens real defenses: a genuine mistake, a good-faith claim that the property was yours, or simply the absence of the intent the law requires. We also test the reliability of any identification, the legality of the search, and the chain of custody.

How A&M Law Defends Theft Charges

We look hard at the two things that decide most theft cases (intent and value) and build the defense the facts support. Where appropriate, we pursue dismissals, reductions from felony to misdemeanor, or resolutions involving restitution or diversion that keep a conviction off your record. Every case is prepared as if it's going to trial, because that's what protects you.

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FAQ

Frequently Asked Questions

When is theft a felony in Montana?

Under MCA § 45-6-301, theft becomes a felony when the value of the property exceeds $1,500. Theft of property valued at $1,500 or less is generally a misdemeanor. Certain circumstances, such as repeat offenses or theft of specific property, can also elevate the charge regardless of value.

What counts as theft under Montana law?

Montana's theft statute is broad. It covers knowingly obtaining or exerting unauthorized control over someone else's property with the purpose of depriving them of it, which can include shoplifting, taking property, theft by deception, theft of services, and possessing stolen property, among others.

How is the value of stolen property determined?

Value usually means the fair market value at the time of the offense. Because the $1,500 line separates a misdemeanor from a felony, valuation is often hotly contested, and challenging an inflated value can reduce a felony to a misdemeanor.

Can a theft charge be dismissed or reduced?

Often, yes. The State must prove you acted with the intent to deprive the owner. A genuine mistake, a claim of right, or a lack of intent can defeat the charge. We also examine the value, the reliability of any identification, and how evidence was obtained. Restitution and diversion options can also resolve some cases favorably.

Why is a theft conviction so damaging?

Theft is considered a crime of dishonesty. Even a misdemeanor can appear on background checks and be used to question your credibility, affecting employment, professional licensing, and housing. That long shadow is why it's worth fighting the charge rather than just pleading it out.

Accused of Theft? Protect Your Record.

A theft charge follows you. Call 406-830-3060 for a free, confidential consultation about your defense.

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