Nashville Theft Crimes Lawyer | Defense for Misdemeanor & Felony Charges
A theft charge in Tennessee can have life-changing consequences. Whether it’s a shoplifting arrest or a serious felony accusation like burglary or embezzlement, a conviction may lead to jail, heavy fines, and a permanent criminal record. Even a misdemeanor theft can make it difficult to find a job, secure housing, or maintain your reputation.
If you’re facing theft charges in Nashville, Davidson County, or anywhere in Middle Tennessee, you need a defense lawyer who understands Tennessee theft laws and how to fight back. Attorney Erik Herbert has defended clients in thousands of criminal cases, helping protect their rights, freedom, and future.
Understanding Theft Charges in Tennessee
Under Tennessee Code Annotated § 39-14-103, theft occurs when someone “knowingly obtains or exercises control over property without the owner’s consent with intent to deprive the owner of the property.”
Common Types of Theft Crimes
- Shoplifting (Theft of Merchandise): Taking items from stores without paying.
- Burglary: Entering a building with intent to commit a theft or felony.
- Auto Theft: Stealing or unlawfully taking another person’s vehicle.
- Embezzlement: Misappropriation of funds by someone in a position of trust.
- Fraud and Identity Theft: Using deception to obtain property or money.
Receiving Stolen Property: Possessing property known to be stolen.
Penalties for Theft in Tennessee
The severity of theft penalties depends on the value of the property stolen.
Misdemeanor Theft
- Value under $1,000
- Class A misdemeanor
- Up to 11 months and 29 days in jail
- Fines up to $2,500
Felony Theft
- $1,000 – $2,499: Class E felony → 1 to 6 years in prison, fines up to $3,000
- $2,500 – $9,999: Class D felony → 2 to 12 years in prison, fines up to $5,000
- $10,000 – $59,999: Class C felony → 3 to 15 years in prison, fines up to $10,000
- $60,000 – $249,999: Class B felony → 8 to 30 years in prison, fines up to $25,000
$250,000 or more: Class A felony → 15 to 60 years in prison, fines up to $50,000
Collateral Consequences of a Theft Conviction
The legal penalties are just the beginning. Theft convictions can create lasting hardships:
- Employment Issues: Employers may refuse to hire anyone with a theft conviction, especially for jobs involving money or trust.
- Housing Denials: Landlords often reject applicants with theft or fraud histories.
- Professional Licenses: Nurses, real estate agents, accountants, and other licensed professionals may face discipline or suspension.
- Immigration Consequences: Theft crimes may result in deportation or denial of citizenship for non-citizens.
- Reputation Damage: Being labeled as dishonest can follow you for life.
Defense Strategies for Theft Charges
Every theft case is unique, and Erik Herbert tailors his defense to the facts and circumstances.
Common Defense Approaches
- Lack of Intent: Mistakenly taking property without intent to steal.
- Ownership Disputes: Believing you had a right to the property.
- Mistaken Identity: Wrongfully accused or misidentified by witnesses.
- Insufficient Evidence: Challenging surveillance video, witness credibility, or police procedures.
- Constitutional Violations: Illegal searches or improper interrogations.
Example: Shoplifting Cases in Nashville
Many shoplifting arrests occur in malls or retail stores. Security guards may detain suspects without clear proof. Erik examines whether proper evidence exists or whether rights were violated during detention.
The Court Process for Theft Charges in Nashville
Step 1: Arrest and Booking
After arrest, you are typically processed at the Davidson County Sheriff’s Office.
Step 2: Arraignment
Your first court appearance, usually at Davidson County General Sessions Court, where charges are formally presented.
Step 3: Discovery and Motions
Your attorney reviews evidence such as surveillance video, receipts, or financial records. Motions may challenge illegally obtained evidence.
Step 4: Negotiations or Trial
Some theft cases may be reduced to lesser charges or resolved through diversion programs. Others go to trial, where Erik Herbert aggressively defends clients before a jury.
Alternatives to Conviction
For first-time offenders, alternatives may be available:
- Diversion Programs: Successful completion may result in dismissal.
- Restitution Agreements: Paying back stolen property value may reduce penalties.
- Expungement: Certain dismissed or diverted cases can later be expunged from your record.
Erik works to explore all options to protect clients from lifelong consequences.
Why Hire Erik Herbert as Your Nashville Theft Crimes Lawyer?
- Experience: Thousands of criminal defense cases handled.
- Local Knowledge: Familiar with Nashville courts, judges, and prosecutors.
- Aggressive Defense: Challenges every weakness in the state’s case.
- Client-Focused Approach: Clear communication and guidance through every step.
- Future Protection: Dedicated to minimizing penalties and protecting opportunities.
FAQs About Theft Crimes in Tennessee
Q: Is shoplifting a felony in Tennessee?
A: Shoplifting under $1,000 is a misdemeanor. Over $1,000 becomes a felony with harsher penalties.
Q: Can a theft conviction be expunged?
A: Convictions generally cannot be expunged, but dismissed charges and some diversion outcomes may qualify.
Q: What if I accidentally walked out of a store without paying?
A: Theft requires intent. If it was an honest mistake, your attorney can argue lack of intent.
Q: Will a theft conviction affect my job?
A: Yes. Employers often avoid hiring people with theft convictions, especially in positions involving money or trust.
Q: Can restitution help my case?
A: In some cases, paying restitution may reduce penalties or support eligibility for diversion.
If you’ve been charged with theft in Nashville or anywhere in Middle Tennessee, the stakes are high. You need an attorney who will fight to protect your rights, your reputation, and your future.
Contact Nashville theft crimes lawyer Erik Herbert today for a confidential consultation.