Theft & Shoplifting Lawyer in Gallatin, TN
01. Theft & Shoplifting
How Tennessee Charges Theft
A theft conviction can come up on job and housing applications for years. Talk to a lawyer before your first court date.
Shoplifting is charged as theft. Tennessee has no separate shoplifting crime. Taking property with intent to deprive the owner, without consent, is theft (Tenn. Code Ann. § 39-14-103). For merchandise, it also covers concealing items, switching or removing price tags, or removing an anti-theft device, and the State does not have to prove you left the store with the item (Tenn. Code Ann. § 39-14-146).
The value of the property sets the charge (Tenn. Code Ann. § 39-14-105):
• $1,000 or less: Class A misdemeanor
• More than $1,000 but 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
• Adding up value. When several thefts are charged in a single count, the values are added together (Tenn. Code Ann. § 39-14-105).
• Repeat merchandise thefts. A fifth or later conviction within two years is punished one class higher (Tenn. Code Ann. § 39-14-146).
• Firearms. Theft of a firearm is at least a Class E felony and adds a mandatory 180 days of confinement (Tenn. Code Ann. § 39-14-105).
Letters from the store. Some stores send a "civil demand" letter asking for money. When the listed retail price is $500 or less, Tennessee law lets a merchant seek a civil penalty in place of criminal penalties. The letter must also be sent to the District Attorney, who has 10 days to object and keep the criminal case going (Tenn. Code Ann. § 39-14-144). Talk to us before you pay or respond.
Diversion, Your Record and What We Look At
• Diversion. Many first-time defendants may qualify for pretrial diversion (Tenn. Code Ann. § 40-15-105) or judicial diversion (Tenn. Code Ann. § 40-35-313), which is not available for a Class A or B felony. Completing diversion leads to dismissal, and the record can then be expunged.
• Expunging a conviction. Misdemeanor theft, and theft graded as a Class C, D or E felony, can be expunged after 5 years from completing the sentence (misdemeanor or Class E) or 10 years (Class C or D) (Tenn. Code Ann. § 40-32-107).
What we look at
• Store video and what it shows.
• How the property was valued.
• Whether it was a mistake at checkout.
• What you said to store staff or police.
• Whether diversion fits your record.
How the case moves. Theft cases start in General Sessions Court in the county where you were charged. If the case is not resolved there, it can be bound over to the grand jury and move to Criminal Court (Sumner, Davidson) or Circuit Court (Wilson, Robertson, Williamson). We stay with you through settlement or trial. Read our General Sessions Court guide to see what happens at your first court date.
Call (615) 997-7618. Arrested after hours? Send us a message and we are notified right away.
