Theft of Property / Theft of Services

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Nashville Theft Lawyer

Criminal Defense in Davidson and Wilson County

What Is Theft According to Tennessee Law?

Theft occurs when a person knowingly obtains or exercises control over property without the owner’s consent, intending to deprive them of it. This broad definition covers various forms of theft, each with its own legal implications.

Types of Theft in Tennessee

Tennessee law recognizes several types of theft, including:

Theft of Property – Taking or controlling someone else’s property without permission.
Theft of a Firearm – A specific category of theft that carries enhanced penalties due to the nature of the stolen item.
Theft of Services – Illegally obtaining services (such as utilities, transportation, or professional services) without paying for them, often through deception or fraud.
Theft of Merchandise (Click here for more information.)

What is the penalty for theft?

The seriousness of a theft charge in Tennessee depends on the value of the stolen property or services:

Class A Misdemeanor – Property or services valued at $1,000 or less (punishable by up to 11 months, 29 days in jail and a fine up to $2,500).
Class E Felony – Value between $1,000 and $2,500 (1 to 6 years in prison and fines up to $3,000).
Class D Felony – Value between $2,500 and $10,000 (2 to 12 years in prison and fines up to $5,000).
Class C Felony – Value between $10,000 and $60,000 (3 to 15 years in prison and fines up to $10,000).
Class B Felony – Value over $60,000 (8 to 30 years in prison and fines up to $25,000).

Additionally, theft of firearms is automatically classified as a felony, regardless of value.

What evidence will be used against me?

Prosecutors may use various types of evidence to build a theft case, including:

Surveillance footage – Cameras are everywhere!
Eyewitness testimony
Receipts, financial records, or transaction history
Communications such as text messages, emails, and social media posts
Physical possession of stolen items

How can I defend against theft charges?

The available defenses depend entirely on the facts of your particular case. Some common defense are the following:

Lack of Intent – If the prosecution cannot prove that you intended to deprive the owner of their property, the charge may not hold up in court.
Claim of Right or Ownership – If you believed in good faith that you had a legal right to the property, you may not be guilty of theft.
Consent from the Owner – If the owner gave permission for you to take or use the property, no theft occurred.
Return of Property – While not a complete defense, returning stolen property could help mitigate penalties or reduce charges.

Restitution in Theft Cases

Even if theft charges do not result in jail time, courts may require restitution, meaning the defendant must compensate the victim for financial losses, particularly if the stolen property was not recovered or was damaged or destroyed.

Do I need a lawyer for theft charges?

Yes. A theft conviction can have lasting consequences, including a criminal record, difficulty finding employment, and potential jail time. An experienced criminal defense attorney can challenge the prosecution’s evidence, argue for a reduction or dismissal of charges, negotiate plea agreements, and advocate for alternatives to incarceration, such as diversion programs