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Easter & DeVore – Knoxville Theft & Shoplifting Defense Attorneys

Theft and Shoplifting Attorney in Knoxville, TN

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Being charged with theft or shoplifting in Tennessee can be a serious legal matter that can have long-lasting consequences for your future. These allegations are not just a simple misunderstanding or lapse in judgment. They can lead to severe legal, financial, and social repercussions that can last a lifetime. Even a seemingly minor charge can lead to a permanent criminal record, which can create barriers to employment, education, housing, and professional licensing. A theft-related conviction can also damage personal relationships and your reputation in the community.

At Easter & DeVore, we understand the importance of protecting your rights and reputation. We provide aggressive, strategic, and compassionate defense for individuals facing theft and shoplifting charges in Knoxville, Tennessee, and nearby areas. Our team is committed to using every legal tool available to secure the best outcome for your case. We can help you achieve dismissal, diversion, or a strong defense at trial, depending on the circumstances.

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    Understanding Theft Charges in Tennessee

    Under Tennessee law (TCA § 39-14-103), theft is defined as knowingly obtaining or exercising control over another person’s property without their consent, with the intention of depriving them of it. This includes a wide range of offenses, from minor cases of shoplifting and theft of services to more serious crimes, such as embezzlement, identity theft, credit card fraud, and vehicle theft.

    Tennessee classifies theft based on the value of the property allegedly taken:

    • Theft under $1,000 is a Class A misdemeanor, punishable by up to 11 months and 29 days in jail and a fine of up to $2,500.
    • Theft between $1,000 and $2,500 is a Class E felony.
    • Theft of $2,500 – $10,000: A Class D felony.
    • Theft of $10,000 – $60,000: A Class C felony.
    • Theft of $60,000 – $250,000: A Class B felony.
    • Theft of $250,000 or more: A Class A felony.

    However, value is not the only factor in determining the seriousness of a crime. Theft of certain items, such as firearms, is automatically considered a felony regardless of their value. Furthermore, prior convictions can lead to increased penalties, and the method used to commit theft (e.g., using a device to circumvent security) may result in additional charges. Our legal team will thoroughly investigate the charges brought against you.

    We will analyze the prosecution’s valuation methods and specific details of your case to ensure you are not overcharged. Additionally, we will explain the full range of potential penalties, including imprisonment, fines, probation, and restitution, in order to help you understand the consequences of your actions.

    • They helped me win my case and were very nice i would highly recommend them!

      Carol


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    Shoplifting Charges

    Shoplifting, which is often charged under the general theft statute, is a common charge that involves direct interaction with store security officers (LPOs) before the police are even contacted. Common allegations include hiding merchandise, removing or altering price tags, under-ringing at self-checkout, and leaving the store without paying. Retailers in Tennessee invest heavily in security measures and frequently pursue criminal charges to the full extent. In addition to any criminal penalties, you may also receive a civil demand letter from the retailer or a third-party company demanding payment ranging from $200 to $500 or more.

    Shoplifting is a common form of theft and can include:

    • Concealing merchandise
    • Switching price tags
    • Walking out of a store without paying
    • Altering packaging or labels to avoid full payment

    The loss prevention process is fraught with potential legal errors, which form the foundation of a strong defense. Loss prevention officers (LPOs) must follow strict procedural rules, such as observing you continuously without losing sight of the item, witnessing the concealment or theft, and seeing you pass the final point of sale without paying. Any breach in this chain of observation can undermine the case.

    At Easter & DeVore, we conduct a thorough investigation, reviewing all available surveillance footage (even angles that the prosecution may have missed), scrutinizing loss prevention reports for inconsistencies, and examining store personnel’s conduct for false imprisonment, unlawful detention, or violations of your rights during the incident. We challenge the intent of the act – was there a genuine intention to steal, or was it an honest mistake, distraction, or oversight?

    First-Time Offenders and Diversion Programs

    For individuals with no prior criminal history, one mistake in judgment should not determine their future. The Tennessee Judicial Diversion program (TCA § 40-35-313) is an important option for first-time offenders who have been charged with eligible theft offenses. If approved by the court, this program allows you to admit guilt or plead “nolo contendere” and be placed on probation without a criminal record. After successfully completing probation and meeting all conditions (which may include community service, restitution, and counseling), charges will be dismissed and erased from your record.

    However, diversion is not a right – it is a privilege that requires a skilled attorney to strongly advocate for you. Prosecutors often oppose diversion in theft cases. Our lawyers at Easter & DeVore create compelling presentations for the court, emphasizing your character, the circumstances of the incident, and your willingness to make amends. We carefully guide you through every step to ensure successful completion and ultimate dismissal.

    • This firm is a life saver. True professionals.

      Jacob

    Protecting Your Rights and Future

    A theft or shoplifting conviction can follow you for years, affecting your ability to get a job, rent an apartment, or pursue higher education. That’s why it’s essential to work with a defense attorney who understands both the legal and practical implications of these charges.

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    Why Choose Easter & DeVore?

    Facing theft charges can be a difficult and stressful experience, leaving you feeling isolated and judged by others. We understand this and provide not only expert legal defense, but also compassionate and supportive guidance. Our deep knowledge of Tennessee’s theft laws, local court procedures, and negotiation strategies with Knoxville prosecutors allows us to create the strongest possible defense for our clients. We are committed to being proactive, thorough, and persistent in our pursuit of justice, ensuring that we get the best possible outcome for our clients’ cases.

    Contact Easter & DeVore

    If you or a loved one have been accused of theft or shoplifting in Knoxville, Tennessee, time is of the utmost importance. It is not recommended to speak with store investigators or law enforcement officials without the assistance of an attorney. You should not pay any civil demands without legal advice, as this can be used against you in a criminal case.

    Contact Easter & DeVore today to speak with an experienced criminal defense attorney. Our attorneys will provide a confidential and straightforward assessment of your situation and begin building a defense strategy immediately. Schedule a consultation with us to take the first step in protecting your rights, records, and future.

    Common Theft and Shoplifting FAQ

    What’s the difference between theft and shoplifting in Tennessee?

    Shoplifting is a specific type of theft that occurs in a retail setting, such as concealing merchandise or bypassing checkout. Theft is the broader legal term covering all unlawful taking of property, including shoplifting, fraud, and embezzlement. Both are prosecuted under Tennessee’s theft laws, with penalties primarily based on the value of the property involved.

    How does Tennessee determine the severity of a theft charge?

    The charge level and potential penalties are almost entirely based on the value of the allegedly stolen property. For example, theft under $1,000 is a Class A misdemeanor, while theft over $1,000 becomes a felony. The value alleged by the prosecution directly dictates the seriousness of the charge, making this a critical point of review in any defense.

    Can I go to jail for a first-time shoplifting offense?

    Yes, it is possible. A Class A misdemeanor conviction can carry a sentence of up to 11 months and 29 days in jail. However, for many first-time offenders, an experienced attorney can often negotiate for alternatives to incarceration, such as judicial diversion, probation, or community service, especially in cases involving lower-value items.

    What is judicial diversion, and am I eligible?

    Judicial diversion is a program for qualified first-time offenders that allows charges to be dismissed and potentially expunged upon successful completion of probation and other court conditions. Eligibility isn’t automatic; it requires a strong legal argument and prosecutor/judge approval. We vigorously advocate for this option to help clients avoid a permanent conviction.

    Can the store sue me in addition to criminal charges?

    Yes. Tennessee law allows retailers to pursue civil restitution from an alleged shoplifter, typically demanding payment for the value of the merchandise plus a significant penalty (often $150-$250). This is a separate civil action from your criminal case, but we can often advise you on how to navigate both proceedings.

    What are common defenses against shoplifting charges?

    Defenses can include lack of intent (e.g., you forgot to pay), mistaken identity, challenging the accuracy of surveillance evidence, improper conduct by loss prevention (such as unlawful detention), or questioning the store’s valuation of the merchandise. We conduct a thorough investigation to identify the strongest defense for your situation.

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