Posted On: September 19, 2007 by Baker Associates

Theft of Property in Tennessee

Criminal attorneys in Tennessee understand that a conviction of theft of property will have serious consequences beyond jail and restitution. A conviction will emotionally hurt your family and damage your reputation in the community. Since theft of property is considered to be a crime of dishonesty, a conviction will negatively affect your career, ability to get a job, and capacity to obtain or maintain a professional license. Employers do not like to hire someone if it’s likely the employee will steal from him or her in the future. A conviction will have an impact upon the accused for the rest of his or her life.

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Under the old common law, stealing offenses had specific names for specific types of behavior. For example, embezzlement, false pretense, fraudulent conversion, larceny, larceny by trick, receiving stolen property, and concealing stolen property were are all separate offenses. There were problems compartmentalizing the stealing offenses because the prohibited conduct is so specific. Everyone knew that the defendant was doing something wrong but his or her behavior didn’t fit into one of the stealing categories. Tennessee changed all this in the late 1980’s by consolidating the categories of the stealing crimes into the general definition of theft.

Under present Tennessee law, A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent. Tenn. Code Ann. § 39-14-103 (2007). The punishment for theft in Tennessee depends upon the value of what is stolen. For example:

• It is a Class A misdemeanor if the value of the property obtained is five hundred dollars ($500) or less;
• It is an E felony if the value of the property obtained is more than five hundred dollars ($500) but less than one thousand dollars ($1,000);
• It is a Class D felony if the value of the property obtained is one thousand dollars ($1,000) or more but less than ten thousand dollars ($10,000);
• It is a Class C felony if the value of the property or services obtained is ten thousand dollars ($10,000) or more but less than sixty thousand dollars ($60,000); and
• It is a Class B felony if the value of the property or services obtained is sixty thousand dollars ($60,000) or more. Tenn. Code Ann. § 39-14-105 (2007).

It is normal to panic when charged with the crime of theft of property. You should be careful before you speak to the arresting officer or store personnel. Innocent remarks are sometimes easily misconstrued and may be used against you later in court. Tennessee criminal lawyers understand that a conviction of theft of property can affect the rest of your life and work diligently for a positive resolution. Tennessee criminal lawyers always personally discuss your priorities and defenses at the early stages of the criminal process so you can make an informed decision about your future. Our office handles theft offenses in the Knoxville, Sevierville, Gatlinburg and Pigeon Forge area.

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