If you were arrested for shoplifting in Tennessee, it is important to understand that shoplifting is a serious offense that can lead to significant legal consequences. Understanding the potential penalties and the legal process is crucial to protecting your rights. With that in mind, a Murfreesboro criminal defense lawyer at Bennett | Michael | Hornsby helps you to understand Tennessee shoplifting laws.
Understanding Shoplifting in Tennessee
Shoplifting is classified as theft in Tennessee and is governed by Tennessee Code Section 39-14-103. According to Tennessee law, theft occurs
when someone knowingly obtains or exercises control over someone else’s property without their consent and with the intent to deprive the owner of the property. Shoplifting specifically involves taking merchandise from a retail establishment without paying for it; however, shoplifting can also include actions such as altering price tags, transferring items to different packaging, or attempting to conceal merchandise with the intent to steal.
Classification of Shoplifting Charges
The classification of shoplifting charges in Tennessee depends on the value of the stolen merchandise. Tennessee’s theft laws categorize theft offenses as either misdemeanors or felonies, with the severity of the charge increasing as the value of the stolen goods increases, s follows:
- Class A Misdemeanor: If the value of the stolen merchandise is $1,000 or less, the offense is classified as a Class A misdemeanor. The penalties for a Class A misdemeanor can include up to 11 months and 29 days in jail, a fine of up to $2,500, or both.
- Class E Felony: If the value of the stolen merchandise is more than $1,000 but less than $2,500, the offense is classified as a Class E felony. The penalties for a Class E felony can include one to six years in prison and a fine of up to $3,000.
- Class D Felony: If the value of the stolen merchandise is more than $2,500 but less than $10,000, the offense is classified as a Class D felony. The penalties for a Class D felony can include two to twelve years in prison and a fine of up to $5,000.
- Class C Felony: If the value of the stolen merchandise is more than $10,000 but less than $60,000, the offense is classified as a Class C felony. The penalties for a Class C felony can include three to fifteen years in prison and a fine of up to $10,000.
- Class B Felony: If the value of the stolen merchandise is more than $60,000 but less than $250,000, the offense is classified as a Class B felony. The penalties for a Class B felony can include eight to thirty years in prison and a fine of up to $25,000.
Potential Defenses to Shoplifting Charges
If you are accused of shoplifting in Tennessee, it is important to remember that an accusation is not the same as a conviction. In fact, there are several common defenses that may be available to you that could prevent a conviction, including:
- Lack of Intent: For a shoplifting charge to result in a conviction, the prosecution must prove that you intended to steal the merchandise. If you accidentally left the store with an item, or if there was a misunderstanding, you may have a defense based on lack of intent.
- Mistaken Identity: In some cases, an individual may be falsely accused of shoplifting due to mistaken identity. In that case, surveillance footage, witness testimony, or other evidence may be used to prove that you were not the person who committed the theft.
- Owner’s Consent: If you had the owner’s permission to take the merchandise, this could be a valid defense against the charges.
- Coercion or Duress: If you were forced to shoplift under threat of harm, you might have a defense based on coercion or duress.
If you are charged with shoplifting in Tennessee, it is important to take the matter seriously and consult with an experienced criminal defense attorney as soon as possible to ensure that you understand your rights and get started on your defense strategy.
Contact a Murfreesboro Defense Attorney
If you have been charged with shoplifting in Tennessee, consult with an experienced Murfreesboro criminal defense attorney at Bennett | Michael | Hornsby as soon as possible to ensure that your rights are protected. Contact the tram today by calling 615-898-1560 to schedule your free appointment.
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