Clarksville Shoplifting Attorney

Accused of shoplifting in Montgomery County? Don’t risk your record or reputation

Facing shoplifting charges in Clarksville can be a daunting experience, and it's essential to understand the local legal landscape. In Tennessee, shoplifting is considered a theft offense, and its severity can vary depending on the value of the goods stolen. If caught shoplifting, you may face penalties that range from fines to significant jail time, impacting your future severely.

Shoplifting cases are prosecuted aggressively in Montgomery County, with local law enforcement taking a firm stance on reducing retail crime. Understanding the nuances of local laws and working with a shoplifting criminal attorney in Clarksville can make a vital difference in the outcomes of your case. As such, our legal strategies at Grimes & Warren PLLC are tailored to reflect the exact circumstances you face, ensuring the best possible defense.

Call a skilled Clarksville shoplifting attorney today for a free legal consultation. We’re here to defend your rights—call (931) 398-5308 now or contact us online.

Understanding Shoplifting Charges in Tennessee (T.C.A. § 39-14-103 & § 39-14-146)

In Tennessee, shoplifting is not a standalone criminal offense in the same way it might be in some other states. Instead, it falls under the broader category of "Theft of Property" as defined in Tennessee Code Annotated (T.C.A.) § 39-14-103. However, a specific statute, T.C.A. § 39-14-146, addresses "theft of property – conduct involving merchandise," providing a detailed list of actions that constitute shoplifting. This means that shoplifting is essentially a specific form of general theft, tailored to retail environments.

A person commits theft of property (and thus shoplifting if the context is merchandise) if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent.

T.C.A. § 39-14-146 specifies actions that constitute shoplifting:

• Conceals the merchandise
• Removes, takes possession of, or causes the removal of merchandise
• Alters, transfers, or removes any price marking, or any other marking which aids in determining value affixed to the merchandise
• Transfers the merchandise from one container to another
• Causes the cash register or other sales recording device to reflect less than the merchant's stated price for the merchandise
• Removes, destroys, deactivates, or evades any component of an anti-shoplifting or inventory control device to commit or facilitate a theft
• Uses any artifice, instrument, container, device, or other article to commit or facilitate a theft
• Activates or interferes with a fire alarm system to commit or facilitate a theft

Crucial Element: Intent to Deprive 

For any of these actions to constitute shoplifting, the prosecution must prove that you had the specific intent to deprive the owner of the property. This means you intended to permanently withhold the property or to restore it only upon payment of a reward or other consideration. 

If you genuinely forgot to pay for an item, were distracted, or made an honest mistake, you may not have had the requisite intent. This is a critical area a shoplifting attorney in Clarksville will focus on in your defense.

Penalties for Shoplifting in Tennessee

The penalties for shoplifting in Tennessee are directly tied to the value of the merchandise involved and your prior criminal history. Shoplifting can be charged as either a misdemeanor or a felony, with significant differences in potential consequences. The classifications are based on the value of the property stolen:

Misdemeanor Shoplifting:

• Class A Misdemeanor: If the value of the merchandise is $1,000 or less.
  • Maximum Jail Time: Up to 11 months and 29 days in the county jail.
  • Maximum Fine: Up to $2,500.
  • May also include probation, community service, and mandatory attendance at a shoplifting deterrence program.

Felony Shoplifting:

Shoplifting becomes a felony once the value of the merchandise exceeds $1,000. The felony classification and corresponding penalties escalate with the value:

• Class E Felony: If the value of the merchandise is more than $1,000 but less than $2,500.
  • Prison Time: 1 to 6 years in state prison.
  • Maximum Fine: Up to $3,000.
• Class D Felony: If the value of the merchandise is $2,500 or more but less than $10,000.
  • Prison Time: 2 to 12 years in state prison.
  • Maximum Fine: Up to $5,000.
• Class C Felony: If the value of the merchandise is $10,000 or more but less than $60,000.
  • Prison Time: 3 to 15 years in state prison.
  • Maximum Fine: Up to $10,000.
• Class B Felony: If the value of the merchandise is $60,000 or more but less than $250,000.
  • Prison Time: 8 to 30 years in state prison.
  • Maximum Fine: Up to $25,000.
• Class A Felony: If the value of the merchandise is $250,000 or more.
  • Prison Time: 15 to 60 years in state prison.
  • Maximum Fine: Up to $50,000.

Common Shoplifting Defense Strategies

The defense strategies we employ vary depending on the specifics of each case. Some of the defense strategies might include:

• Lack of Intent: Demonstrating that there was no intention to steal is crucial. Many cases hinge on whether the accused knowingly committed the act.
• Mistake of Fact: Arguing that you made a genuine and reasonable mistake of fact that negates the intent to steal (e.g., mistakenly believing an item was already paid for, or that it belonged to you).
• No Proof of Taking or Concealment: Challenging the sufficiency of evidence to prove that you actually concealed or took possession of the goods as alleged. Inconclusive surveillance video or contradictory eyewitness accounts can be powerful tools.
• Mistaken Identity: Arguing that you were not the perpetrator, perhaps due to misidentification by store security or witnesses.
• Improper Detention by Store Security: If store personnel used excessive force, detained you for an unreasonable amount of time, or otherwise violated your rights, this could weaken the prosecution's case or lead to civil claims.
• Inaccurate Valuation of Merchandise: Disputing the value of the items, especially if it's near a felony threshold (e.g., $1,000), to reduce a felony charge to a misdemeanor.
• Constitutional Violations: If law enforcement obtained evidence through an illegal search without probable cause or a warrant, or if your Miranda rights were violated during questioning, that evidence may be suppressed.

We also explore options related to first-time offenders where rehabilitation might be more beneficial than punitive actions. Local diversion programs aim at redirecting the individual toward constructive behavior change, reducing the risk of reoffense.

How Grimes & Warren PLLC Defends Shoplifting Cases

At Grimes & Warren PLLC, we believe every client deserves a defense that reflects their unique situation. Our firm, serving Montgomery County, takes pride in our meticulous approach to every case. When you choose us, you're choosing counselors with a combined 30 years of experience who prioritize your rights and dignity.

Our attorneys take the time to understand your version of events, gather evidence, and highlight discrepancies or procedural errors that may benefit your defense. We are committed to providing you with clear explanations of potential outcomes and ensure you’re involved in developing your defense strategy.

We focus on identifying the weak aspects of the prosecution's case while emphasizing any errors in the collection and presentation of evidence. Our attorneys are skilled at negotiating with prosecutors to seek reduced charges or alternative resolutions, such as diversion programs, especially for first-time offenders.

Contact Us for a Confidential Consultation

Facing shoplifting charges in Clarksville can be overwhelming, but you don’t have to go through it alone. At Grimes & Warren PLLC, we are committed to providing the legal support you need to fight these charges. By choosing us, you gain a team dedicated to your defense, offering guidance and clarity throughout the process.

We are dedicated to achieving the best possible outcomes for our clients, ensuring their voices are heard and their rights are upheld. Allow us to help you navigate this challenging time with confidence and the comprehensive legal support you require.

To learn more about your options, call us at (931) 398-5308 or reach out online for a confidential consultation. Let us shoulder the legal burden and work to secure a future you can look forward to.