Whether shoplifting is charged as a felony or misdemeanor in Tennessee depends on the value of the goods stolen and other circumstances surrounding the offense. Shoplifting laws and penalties are designed to discourage theft among retail stores. A felony conviction can have lasting consequences so if you were arrested for shoplifting work with a Memphis theft lawyer for skilled legal advice and representation.
How is Shoplifting Defined?
Shoplifting, also known as retail theft in Tennessee, is the crime of intending to deprive a merchant of the price of their merchandise. Many different actions can be considered shoplifting including the following.
- Removing concealed merchandise from the store with the intention of not paying for it
- Concealing merchandise
- Altering or changing price tags with the intention of not paying the full price
- Removing or breaking an anti-theft device
- Making a false return
- Transferring merchandise to a different container
- Using a device to commit or facilitate theft
Any of the above can result in legal consequences if you are caught.
Is Shoplifting a Felony in TN?
If you are arrested for shoplifting you can face various charges and penalties. Shoplifting is a wobbler, meaning that it can be considered a misdemeanor or a felony depending on the specific circumstances of the situation and offense. The extent of your charges will vary depending on the value of the goods stolen. For merchandise totaling more than $1,000 you will generally be charged with a felony offense.
What Are the Penalties for Shoplifting in TN?
The penalties for shoplifting in Tennessee can be harsh and vary depending on the value of the goods stolen, the individual’s criminal history, and other details of the offense. Below are the standard guidelines for each shoplifting charge.
Value of goods less than $1,000:
- Misdemeanor
- Up to $2,500 in fines
- Up to 1 year in jail
Value of goods $1,000 to $2,500:
- Class E felony
- Up to $3,000 in fines
- Up to 6 years in jail
Value of goods $2,500 to $10,000:
- Class D felony
- Up to $5,000 in fines
- Up to 12 years in jail
Value of goods $10,000 to $60,000:
- Class C felony
- Up to $10,000 in fines
- Up to 15 years in jail
Value of goods $60,000 to $250,000:
- Class B felony
- Up to $25,000 in fines
- Up to 30 years in jail
Value of goods $250,000 or more:
- Class A felony
- Up to $50,000 in fines
- Up to 60 years in jail
Individuals with prior convictions of similar offenses will generally face harsher penalties than those who are first-time offenders. While the penalties can be severe, Tennessee state law has alternative options intended to rehabilitate offenders. First-time offenders may be offered diversion programs that allow community service or educational courses instead of a criminal conviction.
When dealing with shoplifting charges it is important to understand the laws and penalties surrounding a conviction. Reach out to a skillful lawyer to discuss your legal rights and options.