DEFENDING CLIENTS IN MARYVILLE, ALCOA, BLOUNT COUNTY, KNOXVILLE, LENOIR CITY, LOUDON, MONROE, AND KNOX COUNTIES.

If you’ve been charged with theft of property, the State is alleging that you intentionally deprived the owner, you obtained the property knowingly and the owner did not consent. The penalties vary in the State of Tennessee depending on the value of the property allegedly stolen. The circumstances of your case may allow for several different defenses, including that you honestly believed you were entitled to the property.  

You also may be charged with Theft of Services where someone intentionally obtains the services of another by a means where you are intentionally trying to avoid paying for the services, have control over the disposition of services and knowingly divert them or knowingly abscond from establishments where compensation for services is usually rendered.  

Under the overarching theft category, you may be charged with shoplifting. If you are charged in Maryville, Alcoa or Blount County, you need an aggressive attorney to defend you and help to avoid the serious consequences involved. What is different about shoplifting? It is normally called retail theft, which means the stealing of merchandise. The penalties may include fines, probation, community service or incarceration depending on the value of that merchandise. If the merchandise is less than $1,000.00 it is considered a misdemeanor; however, if it is valued over $1,000.00 the offense can be considered a felony.  

WHAT ARE THE PENALTIES FOR THEFT? 

It is hard to discuss the penalties without specifically addressing the individual categories of theft. Punishment is rendered based on the amount of property or services stolen.  

Class A Misdemeanors: 

Theft Property/Services: $0-$1,000.00 à punishable by 11 months. 29 days in jail, up to $2,500.00 fine, court costs.  

This same punishment is afforded to most shoplifting charges depending on the value of the merchandise.  

Class E Felonies: 

Theft Property/Services: $1,001-$2,499à punishable by 1-6 years in prison, up to $3,000.00 fine and court costs.  

Burglary is entering a building, vehicle or dwelling with the intent to steal. This is sometimes referred to as “breaking and entering” and it means a place that is not open to the general public with the intent to commit theft, assault or a felony offense.  

A burglary involving a vehicle is a Class E felony offense.  

Class D Felonies: 

Theft Property/Services: $2,500.00 - $9,999.00 à punishable by 2 -12 years in prison, up to $5,000.00 fine and court costs.  

Burglary of a non-residential building is a Class D felony.  

Class C Felonies: 

Theft of Property/Services: $10,000.00 -$59,999.99 à punishable by 3-15 years in prison, up to $10,000.00 fine and court costs.  

Robbery is a Class C Felony and occurs when an individual uses violence or fear to steal property from another.  

Aggravated Burglary is a Class C felony and involves a house, apartment or other habitable structure, such as a dwelling.  

Class B Felonies: 

Theft of Property/Services: $60,000.00- $249,000.00 à punishable by 8-30 years in prison, fines up to $25,000.00 and court costs.  

Aggravated Robbery is a Class B Felony and occurs when a robbery occurs but with the involvement or reasonable belief that a deadly weapon was involved and a serious bodily injury resulted from the act.  

Especially Aggravated Burglary is a Class B felony and involves the entry into any building that results in serious bodily injury.  

Class A Felonies: 

Theft of Property/Services: $250,000.00+ à punishable by 15-60 years in prison, up to $50,000.00 in fines and court costs.  

CONSEQUENCES OF CONVICTION 

A theft conviction may have long-standing consequences. Depending on the facts, these cases sometimes require large amounts of restitution, fines, and court costs. Furthermore, theft charges can impact your employability. Some employers will not hire someone, or retain someone, with a theft conviction. It is very important to contact an experienced criminal defense attorney to discuss the consequences and prepare a defense strategy.  

DEFENSE STRATEGY

Remember, the State must prove beyond a reasonable doubt all elements of your theft case. If they fail to do so, it could result in a not guilty verdict or a dismissal. During your free consultation, we will discuss with you the facts surrounding your charges and start researching the best approach to fight for you. We may get the video from the retail establishment or statements from witnesses. No matter the charges against you, you have rights, and it is our job to carefully review the facts of your case to see how those rights may come into play.