Skip to main content

Will i get jail time or probation for felony charge of theft for 3500 . On my first ever felony charge .

Amarillo, TX |

I have no criminal history . Just in the wrong place at the wrong time . Really need advise .

Attorney Answers 4

Posted

Whether you get jail time or probation depends on a number of factors that are too numerous to list here. Without prior convictions of any kind, the range of punishment for theft of between $1500 and $20,000 is a fine of up to $10,000 and between six months and two years in a state jail facility. It is a "State Jail Felony", which means you would have a felony on your record for life if you are convicted. In most jurisdictions, probation would not be uncommon with an otherwise clean criminal history.

It is critical that you hire competent, knowledgeable counsel to advise you. A felony charge, and/or a theft charge, has serious consequences that could affect the rest of your life.

Katherine Shipman's response to your question is for general information purposes only. Nothing in this response should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Mark as helpful

7 lawyers agree

Posted

You really need an experienced defense attorney. The question is not probation versus jail time. It's probation versus prison time. If you are not guilty, you may need to have a trial. Your attorney will gather the discovery and review it with you, so that you can develop a game plan.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

Mark as helpful

5 lawyers agree

Posted

Ms. Shipman and Ms. Jaggers give excellent answers. And, with no criminal history, you may even have a shot at some kind of diversion program depending on what's available in the county where this is going down. So, get a good criminal defense lawyer and be sure to let him or her know up front that, as you say, you have no criminal record.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

Mark as helpful

3 lawyers agree

Posted

As long as restitution is paid I can't imagine a situation where you couldn't work out a plea excluding a felony conviction and/or jail time.

The Law Office of David D. White, PLLC
1205 Rio Grande St.
Austin, TX 78701
(512) 369-3737

Mark as helpful

2 lawyers agree

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics