Theft & Larceny Defense in Tennessee

Under Tennessee law, traditional distinctions between larceny, embezzlement, and false pretenses have been consolidated into a unified theft statute. Governed primarily by Tennessee Code § 39-14-103 (Theft of Property) and Tennessee Code § 39-14-105 (Grading of Theft), property crimes range from misdemeanors to high-level felonies depending heavily on the appraised monetary value of the property or services involved.

MacNeill Law Firm provides aggressive criminal defense representation across Chattanooga and Southeast Tennessee, challenging valuation metrics, proving rightful consent or claim of right, and defending against property and white-collar indictments.

To secure a conviction for theft under Tennessee Code § 39-14-103, the State of Tennessee must prove the following elements beyond a reasonable doubt:

1. Knowing Control: The defendant knowingly obtained or exercised control over property.
2. Without Effective Consent: The owner of the property did not give valid, effective consent to the taking or use.
3. Intent to Deprive: The act was performed with the specific intent to deprive the owner of the property (permanently or temporarily).

Under Tennessee Code § 39-14-105, the severity of a theft charge is determined almost entirely by the financial value of the property or services allegedly stolen, as well as specific statutory item classifications (such as the theft of a firearm):

• Class A Misdemeanor (Value of $1,000 or Less): Carries up to 11 months and 29 days in county jail, fines up to $2,500, and probation.
• Class E Felony (Value Greater than $1,000 up to $2,500): Punishable by 1 to 6 years in prison.
• Class D Felony (Value Greater than $2,500 up to $10,000): Punishable by 2 to 12 years in prison.
• Class C Felony (Value Greater than $10,000 up to $60,000): Punishable by 3 to 15 years in prison.
• Class B Felony (Value Greater than $60,000 up to $250,000): Punishable by 8 to 30 years in prison.
• Class A Felony (Value of $250,000 or More): Punishable by 15 to 60 years in state custody.

• Theft of a Firearm: Under Tennessee Code § 39-14-105(d), the theft of any firearm is treated severely, carrying a mandatory minimum period of confinement of not less than 180 days consecutive to any other sentence, regardless of the firearm's dollar value.
• Retail Theft / Shoplifting: Codified under Tennessee Code § 39-14-146, retail merchant thefts involve concealing merchandise, altering price tags, or bypassing security devices with intent to defraud a merchant of the stated price.

• Challenging Valuation: The state carries the absolute burden of proving the fair market value of the property at the time of the alleged offense. Inflated valuations can elevate a misdemeanor to a felony; aggressively cross-examining appraisals or utilizing independent valuation experts is vital to reducing felony charges.
• Lack of Intent to Deprive: Proving that the defendant had a good-faith belief of ownership, a colorable claim of right, or permission to use the property, thereby negating the required criminal intent.
• Consent and Authorization: Establishing that the property owner or an authorized agent gave effective consent to take or hold the property, invalidating the core statutory requirement under Tennessee Code § 39-14-103.