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.”
What Does “Intent to Deprive” Really Mean?
One of the most important aspects of any theft case is proving intent. The prosecutor must demonstrate that the defendant did not simply take something accidentally or temporarily borrow it – they must prove that the defendant intended to permanently take the property from the owner. This distinction is crucial in many theft cases. For example, if the defendant walks out of a store with unpaid merchandise while distracted by a phone call or borrows a friend’s property without permission, these actions can negate necessary criminal intent.
Intent can be inferred from certain circumstances, but it still needs to be proven beyond reasonable doubt. Prosecutors often use surveillance footage, witness testimonies, or the defendant’s own statements to establish intent. A skilled defense attorney knows how to question these assumptions and create reasonable doubts about the defendant’s state of mind at the time of the incident.
Can Criminal Charges Be Dismissed in Tennessee? Common Grounds and Legal Strategies
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.
Theft by Deception and False Pretenses
Tennessee law also recognizes theft by deception, which occurs when someone obtains property through fraudulent means. This can include writing bad checks, using fake identification to make purchases, or making false promises in order to obtain goods or services. These cases often involve complex financial transactions and require careful review of financial records and communications.
Theft of services is another common charge, especially involving utilities, cable TV, or contracted work. If you are accused of receiving services without paying, prosecutors need to prove that you had the specific intention to defraud from the start – not that you simply fell behind on bills due to financial difficulties.
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
Enhanced Penalties for Prior Convictions
If you have a history of theft convictions in Tennessee, the law allows for more severe sentencing. People with two or more previous theft convictions can face increased charges, even for relatively small amounts of property. Additionally, some categories of victims, such as elderly or vulnerable adults, trigger enhanced penalties, regardless of the value of the property. These sentencing increases can turn a misdemeanor case into a felony, making it even more important to have experienced legal representation.
Tennessee also has specific laws addressing organized retail crime. If prosecutors believe you were involved in a larger theft group or engaged in repeated shoplifting with the intention of reselling stolen goods, you could face additional charges under these organized crime laws, which have their own separate punishments.
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.
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.
Common Theft Crimes FAQs
The value is based on the property’s fair market value at the time of the theft. For shoplifting, it’s typically the retail price. This valuation is critical because it determines whether the charge is a misdemeanor (under $1,000) or a felony ($1,000 and above). An attorney can challenge inflated or inaccurate valuations.
Theft is the unlawful taking of property. Burglary (often charged alongside theft) is the unlawful entry into a building with the intent to commit a theft or felony inside. You can be charged with burglary even if nothing was stolen, as the intent at the time of entry is the key element.
Yes, first-time offenders are often eligible for diversion or pre-trial diversion programs. Successful completion, which may include community service, restitution, and classes, typically results in the charges being dismissed. An attorney negotiates for this outcome to avoid a permanent conviction.
Theft requires the intent to permanently deprive the owner of their property. A strong defense can argue you mistakenly took an item, believed you had a right to it, or intended to return it. For example, walking out of a store with an unpaid item by accident lacks the necessary criminal intent.
In Tennessee, a theft conviction generally cannot be expunged. It remains on your criminal record permanently. However, if charges are dismissed or you complete a diversion program, you may later be eligible to have the arrest record expunged. This is a major reason to fight for a dismissal.
Store security (loss prevention) must have probable cause to detain you. They cannot detain you for an unreasonable time or in an unreasonable manner. Any statement you made to them can be used in court. It is crucial to remain calm, say nothing about the allegation, and contact an attorney immediately.
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