Montana Theft Defense Attorneys Protecting Your Rights and Reputation

Theft charges in Montana bring serious criminal exposure. If convicted, you face the possibility of prison, felony probation, high fines, and a lifelong criminal record. Prosecutors often treat theft as a violent or dangerous felony, even when no force occurred. You cannot afford to face these charges without a skilled defense team. At Stevenson Law Group, we represent individuals throughout Montana who are accused of theft or unlawful entry. We act quickly, investigate thoroughly, and fight to protect your future.

Montana theft laws are broad. They cover situations where someone allegedly enters a building, home, or structure with criminal intent. In some cases, the state accuses a person of breaking into a residence or vehicle. In others, they claim a person remained unlawfully in a place with intent to commit a separate offense. Many of these cases rely on circumstantial facts. Police may make an arrest based on appearance, proximity, or one-sided witness accounts. Our legal team works to stop false allegations and prevent wrongful convictions.

Montana Code Annotated § 45-6-204 defines theft as entering or remaining unlawfully in an occupied structure with the intent to commit an offense. The law does not require the state to prove theft or damage. Prosecutors only need to claim that you intended to commit any crime once inside. This element creates risk for overcharging and false conclusions. At Stevenson Law Group, we challenge those assumptions by gathering facts, interviewing witnesses, and filing legal motions to suppress weak evidence. According to the Montana Board of Crime Control, theft continues to be one of the most prosecuted property crimes across the state.

How Montana Law Defines Theft and Unlawful Entry

Theft charges in Montana depend on specific legal definitions. Many people believe theft only applies to theft at night. That is incorrect. Under Montana law, theft includes any unlawful entry into a structure with intent to commit a separate offense. This may include theft, assault, drug crimes, or even vandalism. At Stevenson Law Group, we explain how the law applies to your case and begin building a strong defense as early as possible.

Montana Code Annotated § 45-6-204 states that theft occurs when a person knowingly enters or remains unlawfully in an occupied structure with intent to commit an offense inside. The offense does not need to be theft. The structure may include homes, garages, stores, trailers, or any building used for business or storage. Prosecutors often apply this statute broadly. Our attorneys review every detail to determine whether your charges were filed properly under the law.

Theft is more than just illegal entry. The state must also prove you intended to commit a crime once inside. That intent is what separates theft from criminal trespass. The difference matters. Trespass may be a misdemeanor. Theft is a felony. Prosecutors use this distinction to increase penalties and strengthen their negotiating power. At Stevenson Law Group, we challenge this by questioning how intent was determined and whether the facts truly support a felony charge.

What Qualifies as an “Occupied Structure” in Montana

The term “occupied structure” includes more than just homes or buildings. It can include trailers, storage sheds, garages, and even parked vehicles. The structure does not need to be occupied at the time. It only needs to be used or intended for use as a shelter or place of business. The law covers a wide range of locations.

Our team examines the facts to determine whether the location qualifies under the statute. If the structure was abandoned, open to the public, or lacked secure boundaries, we may argue that it does not meet the legal definition. These arguments are powerful in early motions. They may result in reduced charges or full dismissal.

How Prosecutors Try to Prove Criminal Intent

Intent is the most contested part of a theft case. The prosecution must show that you knowingly entered with the purpose of committing a crime. This is a mental state. It must be proven through actions, words, or surrounding circumstances. Being present at a location is not enough.

We review police reports, surveillance footage, and witness statements to see what actually happened. For example, entering a garage to retrieve your own property may not show criminal intent. If there was no weapon, no stolen property, and no planned crime, the charge may not stand. Our attorneys build your defense around these facts.

Remaining Inside Can Still Lead to Charges

Even if you entered lawfully, staying inside unlawfully may lead to theft charges. This often happens when a business closes or a person is told to leave but does not. If the state believes you remained to commit a crime, they may file a felony theft charge.

We review security logs, entry records, and internal policies to show whether you had permission to stay. In many cases, confusion, miscommunication, or lack of signage plays a role. We present those details to prosecutors and courts to explain your actions and challenge the state’s theory.

Why the State Often Overcharges Theft

Montana prosecutors often charge theft when the facts do not support it. They may do this to gain leverage in plea negotiations. Charging theft increases the potential sentence. This pressures defendants to accept deals. It also puts them at risk for a permanent felony record.

We fight these tactics by forcing prosecutors to meet their burden of proof. If the evidence does not show unlawful entry or clear intent, we file motions to reduce or dismiss the charge. These legal challenges can change the outcome of the case before trial begins.

How Stevenson Law Group Fights Theft Accusations

Our defense strategy starts early. We gather documents, review videos, and identify witnesses. We investigate how police handled the scene and whether they followed search and arrest laws. We look at every detail, no matter how small.

Clients trust us because we act quickly and never assume guilt. We explain every step. We fight to protect your freedom, your record, and your future. When the state accuses you of theft, the law gives you the right to defend yourself. We make sure you use that right to the fullest extent allowed.

Defenses That Work in Montana Theft Cases

Facing a theft charge does not mean you will be convicted. The law gives every defendant the right to a fair trial and a strong defense. Prosecutors must prove every part of the charge beyond a reasonable doubt. If they fail to do so, the case cannot stand. At Stevenson Law Group, we build defenses that challenge the state’s version of events and highlight the weaknesses in their case.

Many theft charges rely on incomplete investigations or circumstantial evidence. Police may rely on assumptions or biased witnesses. Surveillance footage may be unclear. Forensic evidence may be lacking. We identify these problems early and use them to your advantage. Our attorneys file legal motions, present expert opinions, and bring forward facts the prosecution wants to ignore.

Every defense begins with understanding your side of the story. We listen to your account, review all available evidence, and then build a strategy based on facts and law. Our legal team has years of experience defending theft cases in Montana courts. We know which arguments work, which ones fail, and how to get the best result.

Challenging the State’s Claim of Criminal Intent

To prove theft, the state must show that you entered or remained in a structure with intent to commit a crime. This element is not always clear. Intent must be proven through behavior, context, or evidence of planning. The prosecution cannot rely on speculation.

We attack this part of the case head-on. If there was no clear purpose or if your conduct had a lawful explanation, the theft charge may fall apart. For example, entering a property to retrieve personal items or respond to a call for help does not show criminal intent. We present these alternative explanations to the court with supporting evidence.

Disputing Whether the Entry Was Unlawful

Unlawful entry is another key part of a theft charge. If you had permission to enter or believed you had the right to be there, the charge may not apply. Police may assume a door was locked or the property was off-limits, but those facts must be proven.

Our attorneys review access points, witness accounts, and property records. We identify whether the area was open to the public, part of shared space, or previously used by the accused. If the state cannot prove unlawful entry, their case begins to unravel.

Mistaken Identity and False Accusations

Theft cases often happen in low-light conditions or rely on video that lacks detail. Witnesses may misidentify someone. Police may arrest based on location, clothing, or general description. Mistaken identity is common, especially in crowded or chaotic scenes.

We examine all visual evidence, compare surveillance footage with known facts, and verify your location through GPS, alibi witnesses, or phone records. If the wrong person was arrested, we bring forward every piece of proof to show it.

Suppressing Illegally Collected Evidence

Police must follow the law when conducting searches and questioning suspects. If they violate your rights, the evidence they collect may be excluded. This can include statements made without Miranda warnings, property taken without a warrant, or surveillance obtained without legal authority.

At Stevenson Law Group, we review every part of your arrest and investigation. If your rights were violated, we file motions to suppress and seek dismissal of the case. Courts take these violations seriously. When the evidence is thrown out, the case often cannot proceed.

Presenting Mitigation and Alternative Resolutions

Even when the evidence is strong, we can still make a difference. Some clients benefit from plea negotiations, deferred sentencing, or treatment-based alternatives. Our firm prepares mitigation materials to show your positive background, community ties, and willingness to move forward.

We do not force plea deals. We build strong defenses. But when a resolution protects your record and avoids jail, we make sure you have that option. Every outcome is based on your goals and your best interests. We never lose sight of that.

What Happens After a Theft Arrest in Montana

The hours and days after a theft arrest are critical. What you say, what you sign, and who you speak to can all affect the outcome of your case. Many clients are arrested without knowing exactly what they are being charged with. Others are surprised to learn their case involves more serious allegations than expected. At Stevenson Law Group, we help clients take control of the legal process from the beginning and prevent early mistakes that cause long-term harm.

A theft case begins with either a warrant or an on-scene arrest. After booking, the court will schedule an initial appearance. At this hearing, the judge informs you of your charges and sets bond. Depending on the facts, the court may allow release with conditions or require a cash bond. Some clients are released immediately. Others remain in custody unless bond is posted. This decision often depends on the severity of the charge, prior record, and risk to the community.

Theft charges in Montana are typically handled in District Court. If the charge is a felony, you will have a preliminary hearing or the case will be sent to a grand jury. This process moves quickly. It is important to have legal representation in place before these early hearings. Our team steps in fast to protect your rights and start building your defense.

How the Charging Decision Affects the Entire Case

The prosecutor decides what charges to file based on police reports, witness statements, and available evidence. They may file the most serious version of the charge, even if the facts are not clear. For example, they may file theft instead of trespass. They may include enhancements related to weapon use or repeat offenses. This decision shapes the direction of the case.

We contact the prosecutor early and present evidence that supports a lesser charge. In some cases, we provide documentation that explains your actions or proves that the incident was not criminal. Early intervention may result in reduced charges or even a decision not to file at all.

What to Expect at Each Stage of the Legal Process

After charges are filed, the case moves through several court dates. These include arraignment, pretrial hearings, motion deadlines, and trial settings. Each stage has its own purpose. Arraignment is where you enter a plea. Pretrial hearings address evidence, constitutional issues, and discovery. The court will set deadlines for both sides to exchange information.

We guide clients through every step. We prepare you for what to expect and attend every hearing with you. Our team files all necessary motions to challenge illegal searches, suppress statements, or demand additional evidence. We manage the legal timeline so you do not miss important rights or opportunities.

Bail, Bond, and Release Conditions in Theft Cases

Montana courts set release conditions based on the charge and your background. The judge may require a surety bond, personal recognizance, or cash bail. You may also face restrictions such as no contact with alleged victims, travel limits, or regular check-ins.

We argue for fair and affordable bond terms. If you remain in custody, we request hearings to revisit the bond. If conditions are too restrictive, we file motions to modify them. Our goal is to keep you home and able to prepare for your case.

Why Early Legal Strategy Changes Outcomes

The decisions made in the first two weeks often shape the entire case. If evidence is not preserved, witnesses are not contacted, or legal rights are not asserted, opportunities may be lost. Police reports may go unchallenged. Prosecutors may move forward without hearing your side.

We act immediately to stop that from happening. We request discovery, file motions, secure evidence, and build your timeline of events. Our attorneys identify defenses early and take control of the narrative before the state does. This allows us to protect your rights and shape the case in your favor.

How We Communicate With Clients During the Case

Legal defense requires trust and constant communication. We make sure you know what is happening, what to expect, and what your options are. We return calls, answer questions, and prepare you for court. Our clients never walk into a hearing unsure or unprepared.

We also work with families and support systems to ensure you have what you need to succeed. If you need help finding counseling, treatment, or compliance programs, we guide you there. Our approach is full-service and focused on your long-term success.

How Stevenson Law Group Builds Custom Theft Defenses in Montana Courts

No two theft cases are the same. Every charge involves a unique combination of facts, law, people, and procedures. Your defense must reflect that. At Stevenson Law Group, we never rely on cookie-cutter strategies or generic advice. We investigate your case from every angle and design a legal defense plan built around your goals and your situation.

We begin with a full review of the evidence. That includes police reports, arrest videos, witness statements, photographs, and any digital or forensic records. We also meet with you to understand your perspective and timeline. From there, we create a plan that targets the state’s weak points and builds your strongest possible defense. This approach helps us prepare for both negotiation and trial.

Our legal team has extensive experience handling theft charges across Montana. We understand how local prosecutors, judges, and law enforcement approach these cases. We use that knowledge to file strategic motions, control the legal timeline, and limit the impact of harsh allegations. We prepare every case for the possibility of trial, which puts pressure on the prosecution and gives you leverage at every stage.

How We Use Evidence to Undermine the State’s Case

The prosecution must prove every element of theft beyond a reasonable doubt. That includes unlawful entry, criminal intent, and connection to a specific location. If any part of that proof fails, the entire case may fall apart. We use surveillance footage, alibi witnesses, phone records, and other data to raise doubt and show the story the state is not telling.

We also consult with experts when needed. In cases involving security systems, alarms, or digital entry logs, we work with forensic specialists to challenge the reliability of that evidence. We look for inconsistencies, technical failures, or gaps in the timeline. These details make a difference in court and during pretrial negotiations.

Strategic Motions That Shape the Direction of the Case

Motions are formal legal requests made to the judge before trial. We use these to request dismissal, challenge unlawful evidence, or demand additional discovery. These motions help define the scope of what can be used in court. If police violated your rights, we may be able to exclude the evidence they collected. This often forces the prosecution to negotiate or dismiss.

Montana’s courts follow strict rules about warrants, Miranda rights, and admissibility of evidence. The Montana Rules of Criminal Procedure provide the framework for how these issues must be addressed. Our attorneys use these rules to protect your rights and shape the outcome of the case.

How We Prepare Clients for Trial and Court Appearances

Going to court is stressful. We make sure you are ready. Our attorneys explain what to expect, what questions may come up, and how to respond effectively. We review your timeline, help you understand court rules, and provide the tools to present yourself professionally.

Trial preparation includes organizing exhibits, preparing witnesses, and creating legal arguments based on case law and Montana statutes. If a trial becomes necessary, we are ready. If the case resolves earlier through dismissal or negotiation, we make sure you reach that result from a position of strength.

Building Credibility Through Character and Community Support

We help clients present the full picture. That includes their work history, family responsibilities, education, and community contributions. This information becomes critical when we negotiate with prosecutors or advocate for reduced charges. Judges and prosecutors want to know who you are—not just what the police report says.

When appropriate, we help you prepare character letters, employment verifications, and community references. These can influence bond decisions, diversion options, or sentencing outcomes. In Montana’s court system, personal credibility matters. We help you build that credibility early.

How We Stay Ahead of the Prosecution’s Tactics

Prosecutors often rely on standard strategies. They push for early pleas, make aggressive bond recommendations, and frame the case before you can respond. We do not allow that. Our firm works proactively to collect evidence, shape the legal narrative, and disrupt these tactics.

We also track local case trends and sentencing data. For example, the Montana Board of Crime Control publishes annual reports on criminal filings and outcomes. We use this data to inform our strategy, negotiate more effectively, and advocate for the most favorable result.

Why Choosing the Right Theft Attorney in Montana Makes the Difference

The attorney you choose can decide the outcome of your case. Theft charges carry serious risks, and not every defense attorney has the experience, strategy, or courtroom confidence to handle them. You deserve representation from someone who understands Montana law, local court systems, and how prosecutors operate. At Stevenson Law Group, we offer more than legal advice. We offer protection, strategy, and relentless advocacy from the moment we take your case.

Too many defendants hire an attorney who gives them generic answers or pushes them toward plea deals without real defense work. That may protect the lawyer’s calendar, but it does not protect your record or your freedom. We believe every theft case deserves attention to detail, proactive investigation, and strong courtroom planning. Our firm delivers that from the start.

Montana’s felony court system moves quickly. If you delay legal help, you may lose important opportunities. Early investigation, witness interviews, and legal filings often shape how the case is charged and how it will resolve. Waiting too long can limit your defense options and give prosecutors the upper hand. We step in fast to prevent that.

What Sets Stevenson Law Group Apart From Other Firms

We do not take a one-size-fits-all approach. Instead, we design a legal strategy that fits your facts, your goals, and your background. Whether you are a first-time defendant or someone facing multiple charges, we provide the same focus and preparation. You are never just another case number at our firm.

Our team includes experienced trial lawyers, skilled negotiators, and dedicated support staff. We use local knowledge and statewide legal insight to help clients navigate every stage of a theft prosecution. Our attorneys appear regularly in Montana District Courts and have strong working relationships with court personnel, prosecutors, and expert witnesses.

The Benefits of Hiring a Lawyer Before Charges Are Filed

Many people wait until formal charges are filed before calling a lawyer. That can be a costly mistake. If police are investigating you for theft, even without an arrest, your rights and reputation are already at risk. We encourage clients to contact us as soon as they learn they are under suspicion.

Early involvement allows us to speak with detectives, gather evidence, and present facts that may prevent charges from being filed at all. In some cases, we provide information to prosecutors that helps them downgrade a charge or decline prosecution entirely. When you act early, we can work behind the scenes to protect you.

Why Communication and Client Service Matter

Legal representation is about more than strategy. It is also about trust, access, and understanding. We make sure our clients stay informed. We return calls, send case updates, and prepare you for each stage of the legal process. You will never feel alone or uninformed.

We also take the time to explain your rights, your options, and what each decision means for your future. This allows you to make informed choices, not guesses. Our goal is to give you the knowledge and support you need to take control of your case and move forward with confidence.

What You Risk By Hiring the Wrong Defense Lawyer

Some attorneys make promises they cannot keep. Others pressure clients to plead guilty before understanding the facts. If your lawyer does not file motions, meet deadlines, or investigate your case, you are not receiving real representation. These failures can result in jail time, a felony record, and permanent life consequences.

At Stevenson Law Group, we do not accept that outcome. We investigate, file motions, and prepare every case with full effort. If a dismissal is possible, we fight for it. If a trial is necessary, we are ready. If negotiation is the best path, we pursue the strongest deal available. Your defense deserves that level of care.

Results Built on Reputation, Experience, and Effort

We have earned the trust of our clients through consistent, focused legal representation. Our record speaks for itself. We do not back down when the stakes are high. We do not rush clients into quick decisions. Instead, we build defense strategies that reflect our values and deliver results.

Charged with Theft in Montana? We Can Help

A theft charge in Montana is a felony offense with serious, life-changing consequences. You need experienced legal defense immediately to protect your record, your rights, and your future. You do not have to face this alone. At Stevenson Law Group, we fight hard for your freedom, future, and reputation. Theft charges move fast. Your defense should move faster.

Why People Hire Stevenson Law Group

• Deep knowledge of Montana’s theft and property crime laws
  
  
• Immediate legal action to protect your rights and build your defense
  
  
• Strategic case planning for dismissal, reduction, or favorable resolution
  
  
• Strong courtroom advocacy backed by investigation and preparation
  
  
• Personalized attention and communication every step of the way

Call now for a free consultation.
Let Stevenson Law Group begin protecting your future today.