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Sevierville Theft Charges Criminal Defense Attorneys
Strong advocacy for Sevierville, Seymour, Gatlinburg, and Pigeon Forge clients charged with illegal financial gains
Few occurrences are scarier than being charged with a crime. When you feel as though the world is against you and the walls are closing in, our lawyers are by your side and ready to fight for your freedom and your reputation. Theft charges in Tennessee can be misdemeanors or felonies. Defendants can be charged in federal or state court. The penalties for conviction often include jail time, restitution, fines, and court costs. The amount of jail time and other penalties varies depending on the prior criminal record of any convicted defendant. Other factors, such as using a weapon, can increase the amount of prison time and penalties.
Delius, McKenzie & McCarter, aggressively fights to protect your legal rights. We challenge police reports and cross-examine the police and witnesses to make sure your case is presented in the most favorable light. Our Sevierville theft lawyers work to assert all your defenses, including that the value of the property was less than charged or that you had a legal right to possess the property. We have provided successful advocacy for people in and around Sevierville, Gatlinburg, and Pigeon Forge, and throughout East Tennessee, for over 20 years.
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What types of theft cases do you handle in Sevierville?
Tennessee has two main types of theft cases — theft of property and theft of services.
Theft of property includes taking merchandise from a retail store or items from someone’s personal home. The key elements of theft of property are the intent to deprive the owner of the merchandise or property and taking the item without the consent of the owner.
Theft of services applies if a person:
- Uses deception, fraud, coercion, or some dishonest means to avoid paying for the services.
- Diverts the services for their own benefit or another without authority.
- Vacates a place without paying when payment was expected or agreed upon, such as staying at a motel or hotel.
At Delius, McKenzie & McCarter, we handle all types of theft offenses, including the following:
- Shoplifting. Shoplifting is the taking of an item of merchandise without the intent to pay for it or to avoid paying the full price. This includes hiding the item and altering the price tag. A conviction of even minor shoplifting can damage your reputation and your freedom.
- Robbery.Robbery is theft combined with force. Jail time for a simple robbery can be at least three years, up to six. If a weapon is used or someone is injured, the prison time can be extensive.
- Burglary.Burglary has two essential elements. The first is unlawful entry into any building, such as a home or a retail store. The second is intent. The accused must intend to commit theft, assault, or a felony before the unlawful entry begins. Burglary defendants need strong representation. When a suspect breaks into a residence, Tennessee law considers the burglary “aggravated,” and higher penalties apply.
- Additional theft categories. In Tennessee, theft includes many types of crimes that other states and the federal government have separate statutes for. Tennessee theft crimescover embezzlement, larceny, receiving stolen property, theft through false pretenses, identity theft, and fraudulent conversion.
- Unauthorized use of a vehicle (joyriding). This crime even includes taking a vehicle temporarily.
Other types of theft offenses in Tennessee include:
- Section 39-14-108 - Pawned or conveyed rental property
- Section 39-14-110 - Unauthorized recording of theatrical motion pictures
- Section 39-14-112 - Extortion
- Section 39-14-113 - Organized Retail Crime Prevention Act
- Section 39-14-114 - Forgery
- Section 39-14-115 - Criminal simulation
- Section 39-14-116 - Hindering secured creditors
- Section 39-14-117 - Fraud in insolvency
- Section 39-14-118 - Illegal possession or fraudulent use of credit or debit card
- Section 39-14-119 - Reporting of credit or debit card lost, stolen, or mislaid
- Section 39-14-120 - Issuing false financial statement
- Section 39-14-121 - Worthless checks
- Section 39-14-127 - Deceptive business practices
- Section 39-14-128 - Creating false impression of death
- Section 39-14-129 - Mail theft
How are theft crimes graded in Tennessee?
Theft crimes are graded according to the value of the item or service that was wrongfully taken. Items and services of lesser value may be a misdemeanor, while theft of higher-valued property and services may be classified as felonies.
Generally, the grades are as follows (not including firearms, which are graded separately):
- The value of the items taken is $1,000 or less. A Class A misdemeanor.
- The value of the items taken is between $1,000 and $2,500. A Class E felony.
- The value of the items taken is between $2,500 and $10,000. A Class D felony.
- The value of the items taken is between $10,000 and $60,000. A Class C felony.
- The value of the items taken is between $60,000 and $250,000. A Class B felony.
- The value of the items taken is more than $250,000. A Class A felony.
What are the penalties for theft in Tennessee?
The penalties for theft crimes include prison sentences (based on the misdemeanor/felony classification), fines, an order of restitution for the value of the property or services taken, and court costs.
Employers, credit agencies, and landlords may deny you a job, credit, or a place to live if you have a criminal conviction. A felony conviction can mean the loss of voting rights and the inability to own a firearm.
What defenses do you assert in theft cases?
Tennessee provides a specific affirmative defense called a claim of right. This defense requires showing that you:
- Acted under an honest claim of right to the property or service involved;
- Acted in the honest belief that the person had the right to obtain or exercise control over the property or service as the person did; or
- Obtained or exercised control over property or service honestly believing that the owner, if present, would have consented.
Other defenses, based on the particular theft offense, include:
- Any violations of your Constitutional rights, such as the right to question the witnesses against you, freedom from illegal searches and seizures, and the right not to incriminate yourself (provide statements or testimony against your interest).
- A lack of criminal intent.
- The value of the property or services should be lowered so that the criminal charge is lowered.
- The failure/inability of the prosecution to prove each element of the theft charge beyond a reasonable doubt. Defendants are presumed innocent.
The facts of your specific case will dictate the defense approach we take.
Do you have a Sevierville theft defense lawyer near me?
Yes. We meet clients at our law office in Sevierville, located at 124 Court Avenue. Our team offers in-custody visits. We also conduct conversations by phone and through online platforms such as Zoom and FaceTime.
We’re prepared to work with you to develop a strong defense strategy.
Contact our experienced criminal defense lawyers today
Delius, McKenzie & McCarter, offers aggressive representation to clients charged with theft in Sevierville, Gatlinburg, or Pigeon Forge. We fight to have your charges dropped or reduced when dropping them is not possible. To make an appointment with an experienced Sevierville theft defense lawyer, please call us or fill out our contact form to schedule an appointment.