Serving Rhea, McMinn, Bledsoe, Roane, Meigs & Monroe Counties, TNOffice (865) 935-9558  ·  After hours (865) 661-7393

Theft & Property Crime Lawyer in Rhea County, TN

A 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.

Theft & Property Charges We Defend

  • Theft of property — including shoplifting and theft of services.
  • Burglary — including aggravated burglary of a habitation and burglary of a vehicle.
  • Vandalism and criminal trespass.
  • Worthless checks, forgery, and fraud-related charges.
  • Receiving or possessing stolen property.

Value Determines Almost Everything

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.

Why a Theft Conviction Is Different

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.

How We Defend Theft & Property Cases

Intent

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.

Valuation

As above: contesting value can move a felony to a misdemeanor. We look hard at how the number was arrived at.

Identification

Many property cases rest on surveillance footage of variable quality, or on an eyewitness identification made under poor conditions. Both are challengeable.

Search and seizure

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.

Restitution and resolution

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.

Diversion: Keeping It Off Your Record

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

Theft Charges FAQ

Is shoplifting a felony in Tennessee?
It depends on value. Theft of property valued at $1,000 or less is a misdemeanor in Tennessee; above that threshold it becomes a felony, escalating with value (Tenn. Code Ann. § 39-14-105). Because valuation is often contestable, moving a case from just above the line to just below it is a realistic and meaningful goal.
Can I keep a theft charge off my record?
Often, yes. Tennessee's judicial diversion allows qualifying defendants to complete probation and then have the case dismissed and expunged, resulting in no conviction. Theft charges are frequently good candidates, especially for people without a significant prior record. Eligibility depends on your history and the class of the offense.
Why does a theft conviction matter so much to employers?
Because it is a crime of dishonesty. Background checks flag theft convictions in a way they don't flag many other offenses, and it can quietly cost you opportunities in retail, healthcare, finance, education, and any role involving money, inventory, or access to someone's home. Professional licensing boards ask about it too.
What if I didn't mean to take it?
Then the state may not be able to prove its case. Theft requires intent to deprive the owner of the property. Items forgotten in a cart, honest disputes over ownership, and misunderstandings about permission are real defenses — and intent must be proven beyond a reasonable doubt.
If I pay the store back, will the charge go away?
Not automatically. Paying restitution does not by itself dismiss a criminal charge, because the case belongs to the state rather than the store. That said, restitution combined with diversion can produce a dismissal in the right case. Talk to a lawyer before paying anyone or signing anything a store sends you.
What is the difference between burglary and theft?
Theft concerns taking property. Burglary concerns unlawfully entering a building, habitation, or vehicle with the intent to commit an offense inside — and it can be charged even if nothing was ultimately taken. Burglary is generally the more serious charge, and aggravated burglary of a habitation is treated seriously indeed.

Related

Other Criminal Charges We Defend

DUI Defense

Challenging the stop, the field sobriety tests, and the breath or blood test.

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Drug Charges

Possession, paraphernalia, and sale or intent charges — including diversion options.

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Assault & Domestic Assault

Simple, aggravated, and domestic assault — including no-contact orders and firearm consequences.

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Protect Your Record

Diversion and valuation defenses are easiest to pursue before you enter a plea.

Call (865) 935-9558