Franklin Theft Lawyer

Theft & Other Nonviolent Property Crimes

Even if you have committed an unlawful act, that doesn't mean there's nothing you can do. We can work with you to fight for reduced charges or a reduced sentence. Attorney Eric Larsen represents individuals in Franklin and throughout Williamson, Rutherford, and Maury counties in Tennessee who have been charged with theft-related crimes.

What are the Penalties for Theft in Tennessee?

Punishment for theft can vary widely depending on the value of the stolen property. In Tennessee, anything under $1,000 is a misdemeanor, while theft over $1,000 qualifies as felony larceny. In general, one's sentence increases based on the amount stolen, so the theft of $500 will often lead to harsher punishment than the theft of $300.

What is Burglary?

Burglary is the act of illegally entering a building for the purpose of committing a crime. Usually this means stealing something inside, but the term also applies to other crimes. The Franklin theft lawyers from Larsen Law PLLC also handle vandalism cases in which property has been damaged or defaced.

What is Robbery?

Robbery is the act of theft plus violence or the threat of violence, and the penalties are harsher than for nonviolent theft. Armed robbery is an even more serious offense.

Understanding the Legal Process for Theft Crimes

Navigating the legal system can be daunting, especially when facing theft charges. At Larsen Law PLLC, we believe that knowledge is power. Our experienced team is dedicated to guiding you through every step of the legal process, ensuring you understand your rights and options.

Here’s what you can expect when you work with us:

• Initial Consultation: We offer a free consultation to discuss your case and outline our strategy moving forward.
• Case Evaluation: Our attorneys will conduct a thorough evaluation of your case, examining all evidence and circumstances surrounding the charge.
• Legal Representation: We will represent you in court, advocating for your rights and fighting for the best possible outcome.
• Plea Bargaining: If appropriate, we will negotiate with prosecutors to seek reduced charges or alternative sentencing options.
• Support and Guidance: Throughout the process, our team will provide emotional support and legal guidance, ensuring you are informed and prepared for each step.

Don't face theft charges alone. Contact Larsen Law PLLC today to schedule your free consultation and take the first step towards protecting your future.

Understanding the Consequences of Theft Crimes in Tennessee

Theft crimes can have serious repercussions that extend beyond legal penalties. A conviction can impact your personal and professional life, affecting job prospects, housing opportunities, and relationships. At Larsen Law PLLC, we believe it’s essential to understand the full scope of these consequences to make informed decisions about your defense.

Here are some potential impacts of a theft crime conviction:

• Criminal Record: A theft conviction can result in a permanent criminal record, which may hinder your ability to secure employment or housing in the future.
• Fines and Restitution: Offenders may face hefty fines, and may also be required to pay restitution to victims, adding financial strain.
• Probation or Jail Time: Depending on the severity of the crime, you may face probation or even incarceration, which can disrupt your life significantly.
• Social Stigma: A theft charge can lead to social stigma, affecting your reputation and relationships within your community.
• Increased Insurance Rates: A theft conviction can lead to higher insurance premiums, particularly for auto or homeowner's insurance.

Our experienced team at Larsen Law PLLC is dedicated to helping you navigate these challenges. We provide personalized legal strategies tailored to your unique situation, ensuring you understand your options and the potential consequences of each. Don’t face this alone—let us help you protect your future.

Types of Theft Charges in Tennessee

Petty Theft
Petty theft is typically the theft of property valued at less than a certain amount, often set at $1,000 in Tennessee. This crime is usually classified as a misdemeanor and carries lesser penalties than more serious theft offenses. However, it still can result in fines, probation, or jail time, depending on the circumstances.

• Property Value: Theft of property valued under $1,000.
• Penalty: Typically classified as a misdemeanor, but can still lead to criminal charges.

Grand Theft
Grand theft refers to the theft of property valued over the threshold for petty theft, often over $1,000. In Tennessee, grand theft is typically considered a felony and can carry much harsher penalties, including longer jail sentences and larger fines. The severity of the penalty depends on the value of the stolen property and other factors.

• Property Value: Theft of property valued over $1,000.
• Penalty: Generally classified as a felony with more severe consequences.

Shoplifting
Shoplifting is the act of stealing goods from a retail store without paying for them. In Tennessee, this can result in criminal charges depending on the value of the stolen items. Retail businesses may also pursue civil actions to recover losses from shoplifting. Legal defenses for shoplifting may include mistaken identity or lack of intent.

• Property Value: Theft from a retail store.
• Penalty: Can range from a misdemeanor to felony charges, depending on the value.

Defenses for Theft Charges

Mistaken Identity
Mistaken identity can occur when someone is wrongfully accused of theft because they were misidentified by a witness or law enforcement. If an accused person can prove they were not the person who committed the crime, the charges could be dismissed.

• What it Means: The accused is not the perpetrator.
• Potential Outcome: Dismissal of charges if proven.

Lack of Intent
In some theft cases, the accused may not have intended to steal the property. If a defendant can demonstrate that they did not have the intent to commit theft (such as mistakenly taking something without realizing it was not theirs), it may lead to a reduction in charges or acquittal.

• What it Means: No criminal intent to steal.
• Potential Outcome: Reduced charges or dismissal.

Entrapment
Entrapment occurs when law enforcement induces or pressures an individual to commit a crime they otherwise wouldn't have committed. If a defendant can prove they were coerced into committing theft by law enforcement, the charges could be dismissed.

• What it Means: Law enforcement encouraged or induced the crime.
• Potential Outcome: Dismissal of charges.

Theft in Tennessee - Statute of Limitations

In Tennessee, there is a specific timeframe during which the state can file theft charges. This is known as the "statute of limitations." For theft offenses, the time limit typically depends on the severity of the crime:

• Misdemeanors: For lesser theft charges, the statute of limitations is generally one year.
• Felonies: For more serious theft offenses, such as grand theft, the statute of limitations can be extended to several years (up to five years in many cases).

Understanding the statute of limitations is important, as it can affect whether a case is prosecuted or dismissed. If charges are brought after the statute of limitations has expired, the defendant can request the court to dismiss the case.

• Misdemeanors: Typically one year.
• Felonies: Up to five years, depending on the severity of the crime.

Being aware of these legal timelines can be crucial in defending against theft charges.

FAQs About Theft and Nonviolent Property Crimes in Tennessee

• What is the difference between theft and burglary in Tennessee?
  Theft involves the unlawful taking of property with the intent to permanently deprive the owner of it, whereas burglary is the unlawful entry into a building with the intent to commit a crime, which could include theft, vandalism, or assault. Burglary can result in more severe penalties compared to theft alone due to the nature of the crime.
• Can I be charged with theft if I didn’t intend to steal the item?
  Yes, you can still be charged with theft even if there was no intent to steal. However, a defense based on lack of intent may be used in court. If you can demonstrate that there was no intention to permanently deprive the owner of the property (for example, a misunderstanding or accidental taking), the charges could be reduced or dismissed.
• What happens if I’m convicted of a theft crime in Tennessee?
  A conviction for a theft crime in Tennessee can lead to several consequences, including fines, restitution to the victim, probation, or jail time. The severity of the sentence typically depends on the value of the stolen property and whether it is classified as a misdemeanor or felony.
• Can I get a theft conviction removed from my record in Tennessee?
  In some cases, you may be able to have a theft conviction expunged or sealed from your criminal record. However, this generally depends on factors such as the type of theft charge, whether you completed any sentences, and how much time has passed since the conviction. It's best to consult with an attorney to determine if expungement is an option for your case.
• What is the statute of limitations for theft in Tennessee?
  For misdemeanor theft charges in Tennessee, the statute of limitations is typically one year. For felony theft charges, the statute of limitations can extend up to five years, depending on the severity of the crime. Once the statute of limitations expires, you cannot be prosecuted for the crime.
• Is shoplifting considered theft in Tennessee?
  Yes, shoplifting is a form of theft and can lead to criminal charges in Tennessee. The penalties for shoplifting depend on the value of the stolen goods and whether it’s classified as a misdemeanor or felony. Shoplifting can also result in civil penalties, such as fines and restitution, in addition to criminal charges.
• What are the penalties for stealing a vehicle in Tennessee?
  Stealing a vehicle in Tennessee is considered a form of grand theft and can result in felony charges. The penalties for vehicle theft can range from significant fines to imprisonment, depending on the value of the vehicle and the circumstances of the crime. It may also lead to restitution to the victim and other legal consequences.

To speak with our experienced Franklin theft crime lawyers, give us a call at (615) 933-2454 or contact us online today.