In Tennessee, you can be charged with theft of property if you intentionally deprive the owner of a piece of property without the owner’s consent. You could also be charged with theft of services if you intentionally use fraud or other types of deception to obtain services, use services meant for someone else for yourself, or leave an establishment like a bar or hotel without paying.
What makes a theft a felony is the value of the property or services you are accused of taking. A misdemeanor theft is one where the value of goods or services is $1,000 or less, which means that anything more than $1,000 will carry a felony charge. The breakdown of felony theft by amount and consequence in Tennessee is as follows:
- Class E Felony Theft: goods or services in value of $1,000 to $2,500 with a potential sentence of 1 to 6 years in prison and up to $3,000 in fines.
- Class D Felony Theft: goods or services in value of $2,500 to $10,000 with a potential sentence of 2 to 12 years in prison and up to $5,000 in fines.
- Class C Felony Theft: goods or services in value of $10,000 to $60,000 with a potential 3 to 15 years in prison and up to $10,000 in fines.
- Class B Felony Theft: goods or services in value of $60,000 to $250,000 with a potential sentence of 8 to 30 years in prison and up to $25,000 in fines.
- Class A Felony Theft: goods or services in value of $250,000 or more with a potential sentence of 15 to 60 years in prison and up to $50,000 in fines.
Below, we take a look at how to defend against a felony theft charge and how multiple felony charges can quickly lead to higher consequences.
Challenging the Evidence and Sentencing Alternatives
One of the most important things your defense attorney should do if you’re facing felony theft charges is to carefully examine the evidence against you.
For example, many establishments now carry multiple CCTV and other types of security cameras to record the goings-on in their stores. If the prosecution claims to have video of you from the time of the theft, then your attorney is going to want to go over every second of that video to ensure that it is, in fact, you in the video and not someone else. Additionally, the video will need to be reviewed for any evidence that you were the one who stole something, not a case of “wrong place, wrong time.”
Since the prosecution has to prove that you intentionally deprive the rightful owners of that property or service beyond a reasonable doubt, poking holes in the evidence is a crucial step in building a defense strategy against a felony theft charge. If your defense attorney can make the prosecution not feel confident about going to trial, this could open the avenue for plea discussions, charge reductions, or even dismissals.
Such sentencing alternatives could include only paying a fine or restitution, a work release, or community service geared towards rehabilitation. It would be up to
Prior Conviction Complications
One of the biggest possible complications in getting your felony theft charge reduced or even dismissed is if you have prior convictions. If there are any other felonies – particularly other theft convictions – on your record, then that could cause the court to label you as a repeat offender. For each subsequent felony, the Tennessee Code states that the mandatory consequences must increase from the standard sentencing of Range I.
A multiple offender has two to four prior felony convictions. A judge must impose the enhanced sentencing of Range II.
A persistent offender has five or more prior felony convictions. If found to be a persistent offender beyond a reasonable doubt, a judge must impose the enhanced sentencing of Range III.
A career offender has six or more prior felony convictions, depending on the class of felonies on record. If found to be a persistent offender beyond a reasonable doubt, a judge must impose the maximum sentence within the applicable Range III.
Facing a Theft Charge? Call Us Today
An arrest doesn’t mean your life is over – it means it’s time to fight back. With the right defense strategy, it’s possible to reduce charges, avoid jail time, or even get your case dismissed altogether. Reach out to PNC Law today at (615) 785-2000 or philip@tncriminaldefenseattorney.com to put a proven team in your corner.