Theft of property crimes over $1,000 in Tennessee are a big deal with big consequences including felony charges that can result in jail time, fines, and a criminal record. Understanding the classifications of theft and the penalties that apply is key if you’re facing charges. Tennessee law classifies theft offenses by the value of the stolen property with different levels of severity.
In this post we’ll break down the different classifications of theft in Tennessee, the penalties for theft of property over $1,000, and how a Nashville criminal lawyer can help defend you and guide you through the process.
Felony Theft Categories
Understanding the classification of theft of property is key if you’re facing charges in Tennessee. The state classifies theft offenses by the value of the property, with each category having different penalties that can affect your future. Below we break down the felony theft categories in Tennessee.
Class E Felony
A Class E felony is for theft of property valued between $1,000 and $2,500. If convicted you could get up to 6 years in prison and fines of up to $3,000. This is the entry point for felony theft charges. This classification can also include the value of services stolen, which is considered under the same legal framework.
Class D Felony
The next level is the Class D felony which is for property valued between $2,500 and $10,000. A conviction can get you up to 12 years in prison and fines up to $5,000. This level of charge increases the risk for the accused.
Class C Felony
A Class C felony is for theft of property valued between $10,000 and $60,000. Convictions in this category can get you up to 15 years in prison and fines up to $10,000. This level of theft is big time.
Class B Felony
For property valued between $60,000 and $250,000 the charge becomes a Class B felony. This is a big deal and can get you up to 30 years in prison and fines up to $25,000. A Class B felony conviction is serious.
Class A Felony
Finally, theft of property over $250,000 is a Class A felony. This is the highest level and can get you up to 60 years in prison and fines up to $50,000. The consequences are huge and you need a strong defense.
Misdemeanor Theft
Misdemeanor theft is less severe than felony theft but still has big consequences. In Tennessee, this type of theft of property is valued under $1,000. Understanding the definition and penalties for misdemeanor theft is key if you’re facing charges. In Tennessee, petty theft is categorized as a Class A misdemeanor and typically involves stolen property valued at $500 or less.
Definition and Penalties for Misdemeanor Theft
Misdemeanor theft is when a person commits theft by taking someone else’s property or services without the owner’s consent with the intent to deprive the owner of it. This can include shoplifting, taking a bike, or other thefts where the value is under $1,000.
In Tennessee, misdemeanor theft is a Class A misdemeanor. If convicted you could get:
- Imprisonment: Up to 11 months and 29 days in jail.
- Fines: Up to $2,500.
Compared to Felony Theft
Unlike felony theft which has more severe penalties and longer sentences, misdemeanor theft is treated more lightly. However, repeat offenders may get harsher penalties especially if they have prior theft convictions.
Felony theft is classified by the value of the stolen property with big differences in sentencing and fines. For example, theft of property over $1,000 can be a felony which has longer sentences and higher fines.
Misdemeanor Theft Imprisonment and Fines
As a Class A misdemeanor the maximum imprisonment for misdemeanor theft is almost a year. While the fines are lower than felony theft, they can still be big. If you’re charged with misdemeanor theft you need to understand the consequences and get legal help.
Factors in Sentencing
When you’re facing theft of property charges in Tennessee several factors can impact the sentence. Understanding these factors is key if you’re involved in a theft case especially if the property is over $1000.
Prior Criminal Record
A defendant’s criminal history is a big factor in sentencing. If you have a prior record, especially for theft of property or similar crimes the judge may give you a harsher sentence. Repeat offenders often get more penalties which can go from a Class D felony to a Class C felony depending on the severity of the past convictions.
Circumstances of the Theft
The circumstances of the theft itself can also impact sentencing. Factors like was the theft premeditated, whether was there violence involved, was it in a vulnerable situation can lead to different outcomes. For example, theft during a break-in may be more severe than shoplifting.
Can I Negotiate a Lesser Charge?
In some cases, you may be able to negotiate a plea deal that reduces the charge to a lesser offense. This depends on the strength of the evidence against you and the prosecution’s willingness to consider alternatives. Hiring an experienced attorney can help you find opportunities for plea negotiations that will get you a better outcome.
Diversionary Probation
Tennessee law allows for diversionary probation in some cases especially for first-time offenders. This may allow you to avoid a felony conviction if you meet certain criteria such as completing a rehabilitation program or community service. If you complete the terms of diversionary probation the charges will be dismissed making it a good option for eligible defendants.
Defenses
When you’re facing theft charges in Tennessee, you need to explore the defenses that can get you out of or minimize the case. Understanding these defenses can make a big difference in your situation.
Defenses to Theft of Property Charges
Several defenses can be used to counter theft allegations. Each case is unique and the effectiveness of these defenses will depend on the facts of your case. Here are some common ones:
Mistaken Identity
A common defense in theft cases is mistaken identity. If you weren’t the one who committed the theft this can be a strong defense. It may involve providing alibis or evidence that you were somewhere else when the crime was committed.
No Intent to Steal
To be convicted of theft of property, the prosecution must prove you had the intent to permanently deprive the owner of their property. If you can show you didn’t intend to steal the property—maybe you thought it was yours or had permission to use it—you may have a good defense.
Constitutional Violations
If law enforcement violated your constitutional rights during the investigation or arrest this can impact your case. For example, if the police conducted an illegal search without a warrant or probable cause any evidence obtained may be suppressed. This can get the charges dismissed or reduced.
Why You Need a Lawyer
When you’re facing theft of property charges, especially for property over $1000 you need a lawyer by your side. Legal representation can make a big difference in your case. Here are why hiring a local defense attorney is important. Many defense attorneys offer a free initial consultation, allowing you to discuss your case without any financial commitment.
Benefits of Hiring a Local Defense Attorney
Local attorneys know the Tennessee law and the local court procedures. They know the judges and the prosecutors which can be helpful in negotiations. They know the local legal precedents which can help build a strong defense for your case.
Negotiate Lesser Charges or Shorter Sentence
An attorney can negotiate for you. They can find plea deals or lesser charges that will get you reduced penalties. A good lawyer will look at the facts of your case and make the arguments to get you the best outcome.
Contact an Experienced Nashville Criminal Defense Attorney ASAP!
If you or someone you know is facing theft of property charges in Tennessee, it’s crucial to seek professional legal help as soon as possible. With extensive experience in criminal defense law, our team at Byron Pugh Legal is dedicated to protecting your rights and providing the strong representation you need to achieve the best possible outcome.
Contact us at 615-255-9595 for a free case review!
