Practice Areas
Theft
Nashville Theft Crime Defense Attorneys
Potential Defenses to Theft Charges
Common defenses in Tennessee theft cases include:
- Lack of intent to permanently deprive the owner
- Owner’s consent
- Mistaken identity or false accusation
- Insufficient evidence
Value of Property/Services
Offense Classification
Potential Penalties
$1,000 or less
Class A Misdemeanor
Up to 11 months, 29 days in jail; up to $2,500 fine
More than $1,000 but less than $2,500
Class E Felony
1–6 years in prison; up to $3,000 fine
$2,500 or more but less than $10,000
Class D Felony
2–12 years in prison; up to $5,000 fine
$60,000 or more but less than $250,000
Class B Felony
8–30 years in prison; up to $25,000 fine
$250,000 or more
Class A Felony
15–60 years in prison; up to $50,000 fine
Theft Crime Information
What Is Theft in Tennessee?
Under Tennessee law, theft is defined as knowingly obtaining or exercising control over another’s property without the owner’s effective consent, and with the intent to deprive the owner of the property. This broad definition covers a range of conduct, including larceny, embezzlement, shoplifting, and receiving stolen property, among others (Tenn. Code Ann. § 39-14-103).
Types of Theft Offenses in Tennessee
Tennessee law recognizes several specific forms of theft, including:
- Theft of Property: The general offense of unlawfully taking property (Tenn. Code Ann. § 39-14-103).
- Theft of Services: Obtaining services by deception, fraud, or other means without paying (Tenn. Code Ann. § 39-14-104).
- Shoplifting: Specific acts such as concealing merchandise, altering price tags, or using devices to avoid payment (Tenn. Code Ann. § 39-14-146).
- Receiving or Concealing Stolen Property: Knowingly receiving or concealing property known to be stolen (Tenn. Code Ann. § 39-14-103).
- Embezzlement and Fraudulent Conversion: Covered under the general theft statutes when property is misappropriated by someone entrusted with it (Tenn. Code Ann. § 39-14-103).
- Auto Theft: Taking or exercising control over a motor vehicle without consent (Tenn. Code Ann. § 39-14-103).
- Theft of Firearms: Special penalties apply (Tenn. Code Ann. § 39-14-105(d)).
Special Case: Theft of a Firearm
Theft of a firearm is always at least a Class E felony, regardless of value, and carries a mandatory minimum of 180 days in jail (Tenn. Code Ann. § 39-14-105(d)).
Shoplifting Repeat Offenses
A fifth or subsequent shoplifting conviction within two years is punished one classification higher and subject to a minimum fine of $300 (Tenn. Code Ann. § 39-14-146(c)).
Sentencing Alternatives and Enhancements
For misdemeanor theft, alternatives to incarceration may include fines, restitution, suspended sentences, work release, or community service (Tenn. Code Ann. § 39-14-105). Repeat offenders or those who commit theft during emergencies may face enhanced penalties (Tenn. Code Ann. § 39-14-103(b)).
Nashville Theft Crime Defense Attorneys
What Should I Do if I Am Charged with Theft?
A theft conviction can have life-changing consequences. If you or someone you know is facing theft charges in Tennessee, contact MJ Law today. Our attorneys will thoroughly investigate your case, challenge the prosecution’s evidence, and fight for the best possible outcome. Call us to schedule your confidential consultation.