The Difference Between Misdemeanor and Felony Theft Charges

A General Understanding of Theft Crimes Under Tennessee Law.

Under current Tennessee law, theft is defined as knowingly obtaining or exercising control over property without the owner’s specific and direct consent; it implies direct intent to deprive the rightful owner of their property.

This expansive definition covers many theft crimes, from shoplifting a small item to embezzling hundreds of thousands of dollars.

If you’ve been charged with theft in Tennessee, you must fully understand what differentiates a misdemeanor and felony theft charge. This is critical as penalties vary greatly, and only by knowing what you’re up against can you and your lawyer successfully fight to protect your rights under Tennessee law.

In almost all theft cases, Tennessee law categorizes the offense primarily based on the value of the stolen property or services. A skilled, experienced criminal defense lawyer knows that valuation is crucial in determining whether the offense will be prosecuted as a misdemeanor or felony charge.

Additionally, other circumstances will affect your case. For example, specific types of theft, such as identity theft or those involving a firearm (or other weapon), are treated more severely regardless of the items’ value.

Theft, various types of larceny, embezzlement, etc., are all specific crimes that involve stealing. Also, Tennessee’s penalties for these crimes are some of the harshest in the country, so you must obtain professional help as soon as possible.

An experienced, knowledgeable, and passionate criminal defense lawyer can help in many ways, such as reducing your felony charge to a misdemeanor or even getting your charges dropped. When you’re charged with theft, the sooner you contact a diligent and highly competent criminal defense lawyer, the greater the chance they have to “get ahead” of the prosecution and begin to mitigate the charges and penalties you may face.

Misdemeanor Petty Theft and Its Possible Consequences.

Misdemeanor theft, often known as petty theft, usually applies to lower-value theft crimes, such as shoplifting small items. In Tennessee, this theft crime is commonly considered a Class A misdemeanor, and the value of the stolen property or services is commonly $1,000 or less.

Without extenuating circumstances, examples of penalties for misdemeanor theft in Tennessee are: 

• Up to 11 months and 29 days of jail time in a county jail.
• Fines up to $2,500.
• Restitution to the victim is often court-ordered. You must pay a determined amount of restitution to the victim.
• Of course, your conviction results in a permanent criminal record, which can reach far into your future, making employment, housing, education opportunities, and more much more challenging to manage.

So, the key point to remember is that you should never take a misdemeanor theft charge lightly. Even a misdemeanor conviction in Tennessee can have long-lasting and dire consequences, especially if it’s not your first offense. But with proper legal representation, you have options, such as diversion programs, which can allow charges to be dismissed after completing probation, treatment plans, etc.

Is Felony Theft, and Its Penalties, a Far More Serious Charge in Tennessee?

Simply put, yes, it is. Felony theft charges in Tennessee usually involve much higher-value property, and you will face significantly steeper consequences. The severity of your charges is commonly determined by a tiered classification system based on the appraised or otherwise determined value of the stolen property or services:

Some examples of felony theft classifications are:

• A Class E Felony is the theft of property valued between $1,001 and $2,500, which carries a penalty of 1 to 6 years in prison and fines up to $3,000.
• A Class D Felony – Is theft of property valued between $2,501 and $10,000 and carries a penalty of usually 2 to 12 years in prison and fines up to $5,000.

From there, it gets worse. Let’s say you’re charged with a C, B, or a Class A felony; this could involve theft of property valued over $250,000, which can result in 15 to 60 years in prison and fines up to $50,000.

So, you see that even if you consider your charge to be relatively minor, almost any level of felony theft conviction can have life-changing consequences,

The above examples do not include possible aggravating factors in your crime that can significantly elevate these already severe charges.

Let’s say the item you stole had a generally low value; theft charges can be elevated from a misdemeanor to a felony under certain circumstances, such as:

• If your theft involves firearms, explosives, or other weapons.
• If you stole from a government agency.
• If your theft crime involves vulnerable victims, such as the elderly.
• If you have prior convictions for theft, other related offenses, etc.

Your well-versed and thorough criminal defense lawyer is keenly aware that in many felony cases, prosecutors commonly pursue enhancements based on your criminal history; this is dire, as it usually increases the prescribed sentencing ranges or requires mandatory minimum sentences.

How Can an Experienced Criminal Lawyer Help Me If I’m Charged with Theft?

Whether you’re facing a misdemeanor or felony theft charge in Tennessee, having a strong, strategic, and sound legal defense will always make a significant difference in the outcome of your case.

The following are just a few common defenses your skilled criminal law team may use in theft cases:

• You lacked Intent – The state prosecutor must prove you intended to deprive the owner; accidental or mistaken possession does not meet this standard.
• A case of mistaken Identity – If you were misidentified as the perpetrator, this can serve as a highly sound and strong defense.
• You had rightful ownership of the property – If you believed in good faith that the property was yours, which can be proven, then this may negate any criminal intent.
• Coerced confessions or illegal searches – You may unlawfully exclude evidence obtained illegally by the state from your case, which strategically weakens the prosecution’s case.

An experienced criminal defense attorney will evaluate the facts, challenge the prosecution’s evidence, and negotiate for reduced charges, dismissal, or favorable plea agreements. Sometimes, first-time offenders may qualify for pretrial diversion programs that avoid a conviction altogether.

A critical point to remember is that skilled, diligent, and in-depth criminal defense significantly matters.

For example:

• Often, a misdemeanor theft may be eligible for expungement, but you must have a lawyer to navigate this process.
• Felony convictions have life-long implications, including loss of civil rights, etc. Even a first-time conviction can have career-ending consequences.
• A skilled, comprehensive criminal defense lawyer will look for and attempt to uncover procedural errors, evidentiary issues, or violations of constitutional rights that could lead to reduced or dismissed charges.

I Have Been Charged with Theft in Tennessee; How Should I Proceed?

In Tennessee, no matter if it’s a misdemeanor or felony theft charge, it can carry serious consequences that will have a negative and dire impact on your future, freedom, reputation, etc. If you are even facing accusations of theft in Tennessee, it’s critical to act quickly and secure skilled professional and highly experienced legal counsel.

The experienced, diligent, and knowledgeable criminal defense team at the Law Offices of Hibbeler & Associates will always work tirelessly to provide the best possible strategic defense to keep you out of trouble and out of jail.

Call them today at (931) 236-2711 to schedule a free thirty-minute case evaluation on your unique situation. They’ll review your case, explain your rights, and rapidly help you build a strong defense; doing nothing can cost you your career and your freedom.