Theft of Property Charges in Tennessee

Nashville Theft of Property Defense Lawyers

Theft of property charges in Tennessee generally involve allegations that a person took or exercised control over someone else’s property without permission and with the intent to permanently deprive the owner of it. These cases can arise from simple misunderstandings, miscommunications, or more deliberate conduct. A key issue in every theft case is whether the State can prove the accused had the required criminal intent.

Theft cases can escalate quickly, especially when the value of the property is disputed, the alleged victim is a family member or employer, or the situation involves shoplifting, vehicles, or business property. A theft charge may be filed even when the accused believes they had a right to the property or permission to use it.

Because theft cases often involve conflicting versions of events, early investigation matters. Prosecutors focus heavily on intent, ownership, and the alleged value of the property, all of which can significantly affect the severity of the charge.

At Freeman & Fuson, we understand that theft allegations are often more complicated than they appear. Our attorneys carefully examine the facts, challenge the State’s assumptions, and work to protect your rights and your record.

Practice Areas 

What Is Theft of Property Under Tennessee Law?

Theft of property is defined under Tennessee Code Annotated § 39-14-103. Under this statute, theft occurs when a person knowingly takes or exercises control over property belonging to another without consent and with the intent to deprive the owner of the property.

The law applies to all types of property, including money, goods, vehicles, and other tangible or intangible items. The severity of the charge depends largely on the value of the property involved and any aggravating factors.

Elements the State Must Prove

To obtain a conviction for theft of property, the State must prove beyond a reasonable doubt that:

• The defendant took or exercised control over property belonging to someone else
• The defendant did not have the owner’s permission
• The defendant intended to deprive the owner of the property
• The value of the property meets the threshold for the charged offense
• The taking was unlawful under the circumstances

If the State cannot prove intent, ownership, or value, the case may be subject to challenge or reduction.

Penalties for Theft of Property in Tennessee

Theft of property may be charged as a misdemeanor or a felony depending on the value of the property and other factors.

Potential penalties may include:

• Misdemeanor or felony classification
• Jail or prison time
• Fines and court costs
• Probation
• Restitution to the alleged victim
• Court-ordered community service or counseling

Higher-value theft charges can carry significant prison exposure, while lower-value cases may be resolved as misdemeanors.

Common Situations Leading to Theft of Property Charges

Theft of property allegations often arise from situations such as:

• Shoplifting or retail theft
• Taking a coworker’s property or employer-owned equipment
• Using someone else’s credit card or financial information
• Taking a vehicle or personal property without permission
• Disputes involving family property or shared belongings

Many theft cases involve contested facts, including whether the accused believed they had permission or a lawful claim to the property.

How We Defend Theft of Property Charges

Defending a theft case often focuses on intent, ownership, and the alleged value of the property. At Freeman & Fuson, defense strategies may include:

These cases often hinge on factual disputes rather than clear-cut evidence.

Collateral Consequences of a Theft Conviction

A theft conviction can carry lasting consequences beyond the criminal case, including:

• Difficulty obtaining employment
• Professional licensing issues
• Housing and rental screening problems
• Firearm restrictions in certain situations
• Immigration consequences for non-citizens

Even a theft allegation can negatively impact future opportunities and reputation.

Why Legal Representation Matters in Theft Cases

Theft cases often involve disputed facts, unclear ownership, and questions of intent. Early involvement by a criminal defense attorney can help gather evidence, review surveillance footage, interview witnesses, and challenge the State’s theory of the case.

An attorney can also evaluate whether diversion, charge reduction, or alternative resolutions may be appropriate and guide you through the process while protecting your rights.