Being accused of shoplifting can leave you with a lot of questions. What seemed like a minor incident at a store can suddenly turn into a criminal charge.
How does Tennessee classify theft charges, and what is the difference between shoplifting vs. grand theft? Here’s what these differences can mean for you.
What Is Shoplifting in Tennessee?
Shoplifting is not limited to the classic scenario of putting something in your bag and walking out the door. Under the Tennessee law, there are several types of conduct involving merchandise, including:
- Knowingly concealing merchandise
- Taking possession of it
- Changing or removing price markings
- Moving merchandise from one container to another
- Manipulating a cash register to pay less than the stated price
- Tampering with certain anti-shoplifting devices
What allegedly happened, what was taken, and the value of the merchandise can all become important factors in your case.
Is Shoplifting a Misdemeanor or a Felony?
Under Tennessee’s theft-grading statute, the value of the property will decide whether theft is treated as a misdemeanor or felony. In most cases:
- $1,000 or less: Class A misdemeanor, except certain firearm thefts
- More than $1,000 but less than $2,500: Class E felony
- More than $2,500 but less than $10,000: Class D felony
- More than $10,000 but less than $60,000: Class C felony
- More than $60,000 but less than $250,000: Class B felony
- $250,000 or more: Class A felony
Those dollar amounts can make a huge difference. For example, taking $200 worth of merchandise and taking $3,000 worth of merchandise may both involve an allegation of theft, but that does not expose the accused person to the same level of criminal charge.
Sometimes, there are also circumstances where Tennessee law allows the value of property from multiple thefts to be combined when the offenses are part of a common scheme, purpose, intent, or enterprise.
What Does Grand Theft Mean in Tennessee?
In Tennessee, the term grand theft is not the statutory name for this theft offense. Instead, that state uses the term theft of property or services. Again, the offense is graded based on the value involved.
That means a person accused of taking something of low value may face a misdemeanor charge, while an alleged theft involving more valuable property can result in a felony.
So, if you’ve heard the term “grand theft” used to describe a Tennessee theft case, that phrase may be used conversationally rather than as the formal name of the charge.
What Happens with Repeat Shoplifting?
Prior convictions can also change the picture. There are enhanced consequences for certain repeat shoplifting convictions.
If a person has a fifth or subsequent shoplifting conviction within a two-year period, the offense is punished one classification higher than it otherwise would have been under the theft-grading statute.
Along with that, there is also a minimum $300 fine in those circumstances. If you’re dealing with a repeat allegation, you should not just assume it will be treated like a first offense. Your criminal history can become an important part of the situation.
What If You Didn’t Intend to Steal Anything?
Under Tennessee’s theft statute, there is a requirement for specific elements to be proven, including the required intent. You might have forgotten to pay for something or accidentally walked out with an item.
All of those circumstances are important, but they don’t make the situation disappear. Security footage, witness statements, receipts, inventory records, statements made during the incident, and other evidence will all become relevant in your case. If you have been accused, you will want to reach out to an experienced Tennessee theft crimes lawyer.
What Should You Do If You’ve Been Accused of Shoplifting or Theft?
What is the difference between shoplifting vs. grand theft? Tennessee bases the charge on the property value.
If you’re contacted by police or arrested for an alleged theft, you may think that if you can just tell your side of the story, everything will be cleared up. Unfortunately, that can hurt you in a criminal case.
Before making statements to law enforcement or trying to handle the situation yourself, you will want to speak with an experienced Tennessee criminal defense attorney.
At Erik Herbert Law, we can look at the specific allegations and explain your options. Reach out to us today to schedule a consultation.
