Theft offenses

Any theft conviction will have a significant impact on matters such as: your ability to testify in court, current employment, job applications, college applications, financial aid eligibility, and immigration status. Bell & Young has over a quarter century of combined experience fighting for the rights of the accused, and will assist you in obtaining the best possible resolution.

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Theft of Property and Shoplifting

In 1989 the State of Tennessee consolidated the offenses of embezzlement, false pretense, fraudulent conversion, larceny, receiving or concealing stolen property, and other similar crimes into the single offense of “theft” under Tenn. Code Ann. § 39-14-101. Theft can range in severity anywhere from a class A misdemeanor all the way up to a class A felony. Theft offenses are graded based on value as follows (see Tenn. Code Ann. § 39-14-105):

  1. Class A misdemeanor if the value of the property obtained is $1,000 or less;

  2. Class E felony if the value of the property obtained is more than $1,000 but less than $2,500;

  3. Class D felony if the value of the property obtained is $2,500 or more but less than $10,000;

  4. Class C felony if the value of the property obtained is $10,000 or more but less than $60,000;

  5. Class B felony if the value of the property obtained is $60,000 or more but less than $250,000; and

  6. Class A felony if the value of the property or services obtained is $250,000 or more.


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Burglary

There are several forms of burglary. When done without the owner’s consent, any of the following acts constitute burglary:

  1. Entering a building other than a habitation (or any portion thereof) not open to the public, with intent to commit a felony, theft or assault;

  2. Remaining concealed, with the intent to commit a felony, theft or assault, in a building;

  3. Entering a building and commits or attempts to commit a felony, theft or assault; or

  4. Entering any freight or passenger car, automobile, truck, trailer, boat, airplane or other motor vehicle with intent to commit a felony, theft or assault or commits or attempts to commit a felony, theft or assault.

Aggravated Burglary is burglary (as defined above) of a habitation. (Tenn. Code Ann. § 39-14-403).

Especially Aggravated Burglary is essentially burglary of any building where the victim suffers serious bodily injury. (Tenn. Code Ann. § 39-14-404).


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Identity Theft

Identity Theft is a crime that is prosecuted at both the state and federal level.

Under federal law it is a crime to “knowingly transfer or use, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of federal law, or that constitutes a felony under any applicable state or local law.” (18 U.S.C. 1028(a)(7).)

Under the Tennessee Code, a person commits identity theft who “knowingly obtains, possesses, buys, or uses, the personal identifying information of another […] [w]ith the intent to commit any unlawful act[.]” (Tenn. Code Ann. § 39-14-150).