DUI Defense
Challenging the stop, the field sobriety tests, and the breath or blood test.
Learn moreA theft conviction is a crime of dishonesty — and it follows you through every background check. Even a small charge is worth fighting.
Theft and property charges carry something worse than the sentence: a record for dishonesty that follows you through every background check for the rest of your working life. Call (865) 935-9558.
In Tennessee, theft is graded by the value of what was taken. Theft of property valued at $1,000 or less is a misdemeanor; above that threshold it becomes a felony, with the felony class escalating as the value rises (Tenn. Code Ann. § 39-14-105).
That single number carries enormous weight, and valuation is far more contestable than most people assume. The state often relies on retail price or an alleged victim's estimate, when the correct measure is fair market value at the time of the offense. Where several items are aggregated to push a case over the felony line, each item's valuation is fair game. Getting a case from just above the threshold to just below it changes it from a felony to a misdemeanor — and that is frequently a realistic goal.
Employers treat theft convictions differently from almost any other offense. A conviction involving dishonesty shows up on background checks and can quietly close doors in retail, healthcare, finance, education, and any job involving money, inventory, or access to a home. Professional licensing boards ask about it. This is why fighting a "small" shoplifting charge is often worth far more than the value of the item involved.
Theft requires the intent to deprive someone of their property. Genuine mistakes happen — items left in a cart, disputes over who owned something, a good-faith belief in a right to the property, or a misunderstanding about permission to borrow. Absent-mindedness is not theft, and the state has to prove intent beyond a reasonable doubt.
As above: contesting value can move a felony to a misdemeanor. We look hard at how the number was arrived at.
Many property cases rest on surveillance footage of variable quality, or on an eyewitness identification made under poor conditions. Both are challengeable.
How was the stolen property found? A vehicle search, a home search, or a detention without adequate cause can all give rise to a suppression motion.
In the right case, restitution paired with diversion can lead to a dismissal and eventual expungement — meaning no conviction at all. For a first-time offender, that outcome is often achievable and is worth pursuing rather than accepting a quick plea.
Tennessee's judicial diversion program allows qualifying defendants to have the charge dismissed and the record expunged after successfully completing a period of probation. Theft charges are frequently good candidates, particularly for people with no meaningful prior record. Eligibility depends on your history, whether you have received diversion before, and the class of the offense. It is one of the first things we evaluate.
Common Questions
Related
Challenging the stop, the field sobriety tests, and the breath or blood test.
Learn morePossession, paraphernalia, and sale or intent charges — including diversion options.
Learn moreSimple, aggravated, and domestic assault — including no-contact orders and firearm consequences.
Learn moreDiversion and valuation defenses are easiest to pursue before you enter a plea.