First-Offense Shoplifting in Tennessee: What to Expect

kyleneross

27 minutes ago

4 min read

A first shoplifting charge in Tennessee is prosecuted as theft, and the value of the merchandise sets the level of the charge. For items worth $1,000 or less, it is a Class A misdemeanor. Many first-time defendants may qualify for diversion, which can end in dismissal and a clean record, but that depends on the facts and should be discussed with a lawyer before your first court date.

Shoplifting is charged as theft

Tennessee has no separate "shoplifting" crime. Taking property without the owner's consent, intending to deprive the owner of it, is theft (Tenn. Code Ann. § 39-14-103). For store merchandise, the law also covers concealing items, changing or removing price tags, moving items to a different container, or removing an anti-theft device. The State does not have to prove you left the store with the item (Tenn. Code Ann. § 39-14-146).

How the charge is graded

The value of the property decides the class of the offense (Tenn. Code Ann. § 39-14-105):

$1,000 or less: Class A misdemeanor
More than $1,000, less than $2,500: Class E felony
$2,500 to less than $10,000: Class D felony
$10,000 to less than $60,000: Class C felony
$60,000 to less than $250,000: Class B felony
$250,000 or more: Class A felony

When several thefts are charged in one count, the values are added together. Most first-offense shoplifting cases fall in the first row.

The legal range. A Class A misdemeanor carries up to 11 months, 29 days in jail, a fine of up to $2,500, or both (Tenn. Code Ann. § 40-35-111). Those are maximums, not what usually happens in a first case, and every case is different.

What happens at the store

A merchant or its employees may detain you if they have reasonable grounds to suspect theft, as long as they act reasonably and for a reasonable time, including to wait for police (Tenn. Code Ann. § 40-7-116). You do not have to explain yourself. What you say to store staff can be used later.

Your first court date

In Sumner County, a misdemeanor shoplifting case starts in Sumner County General Sessions Court, 155 East Main Street, Gallatin. If the charge is a felony, General Sessions handles the preliminary hearing, and the case can move to Sumner County Criminal Court. Our General Sessions court guide explains that first date.

Talk to a Lawyer Today

Call (615) 997-7618 to talk with Kylene Ross or Chloe Hawes about your situation. Arrested after hours? Send us a message and we are notified right away.

The letter from the store (civil demand)

Some stores send a letter demanding money. Tennessee law gives merchants a civil remedy when the listed retail price of the merchandise was $500 or less (Tenn. Code Ann. § 39-14-144):

If the item was not recovered: the greater of $100 or three times the retail price.
If recovered in its original condition: the greater of $100 or twice the retail price.
If recovered but damaged: the greater of $100 or three times the loss in value.

The statute says this civil remedy is in place of criminal penalties, and only with the District Attorney's consent. The document must be sent to the District Attorney. If the District Attorney does not object within 10 days, consent is presumed. If the DA objects, the criminal case can go forward.

Talk to a lawyer before you pay or answer a demand letter. Whether the criminal case is still open is a separate question from what the store is asking for.

Diversion for a first offense

Pretrial diversion (Tenn. Code Ann. § 40-15-105): available for misdemeanors if you have never had diversion and have no prior Class A or B misdemeanor or felony conviction. You do not plead guilty. The prosecutor must agree, and the case is suspended for up to 2 years. When you finish, the charge is dismissed.
Judicial diversion (Tenn. Code Ann. § 40-35-313): you plead guilty, the judge holds off on a conviction while you complete probation, and the case is dismissed if you succeed. It is available for misdemeanors and for Class C, D and E felonies, but not Class A or B felonies.

Diversion is available only once. See pretrial vs. judicial diversion.

Clearing your record

After diversion or a dismissal, you can petition to expunge the charge (Tenn. Code Ann. § 40-32-106).
After a theft conviction, misdemeanor theft can be expunged 5 years after you complete the sentence, and theft graded as a Class E felony after 5 years or a Class C or D felony after 10 years (Tenn. Code Ann. § 40-32-107). You can expunge convictions only once.

Repeat charges

A fifth or later merchandise theft conviction within two years is punished one class higher (Tenn. Code Ann. § 39-14-146). Handling a first charge well matters.

How we can help

Kylene Ross and Chloe Hawes defend theft and shoplifting charges in Sumner County General Sessions and nearby courts. We look at store video, how the merchandise was valued, what was said, and whether diversion fits your record. Learn more on our theft and shoplifting page, our expungement page, or all of our criminal defense services.

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