Shoplifting can be a felony in Tennessee, but many lower-value shoplifting cases are misdemeanors. Tennessee generally prosecutes shoplifting conduct under its theft laws, and the offense level usually depends on the value of the property involved.
Under Tennessee Code Annotated § 39-14-105, theft of property valued at $1,000 or less is generally a Class A misdemeanor. Theft becomes a Class E felony when the value is more than $1,000 but less than $2,500. Higher values produce progressively higher felony classifications. Theft of a firearm is treated differently.
Nashville Criminal Defense Lawyer & Former Prosecutor Kevin Kennedy. 615-205-7311. Call or text for a free consultation.
What Is Shoplifting Under Tennessee Law?
Conduct commonly called shoplifting is generally prosecuted as theft of property. Tennessee Code Annotated § 39-14-103 makes it an offense to knowingly obtain or exercise control over property without the owner’s effective consent and with intent to deprive the owner of the property.
The facts can involve concealing merchandise, leaving without paying, switching labels, manipulating checkout procedures, or other conduct allegedly intended to deprive the retailer.
When Is Shoplifting a Misdemeanor?
Theft of property valued at $1,000 or less is generally a Class A misdemeanor, except for special rules involving firearms.
A Class A misdemeanor is still a criminal charge that can carry jail exposure, fines, probation, and a criminal record.
When Does Shoplifting Become a Felony?
Theft becomes a Class E felony when the property is valued at more than $1,000 but less than $2,500. It is a Class D felony from $2,500 up to less than $10,000, a Class C felony from $10,000 up to less than $60,000, a Class B felony from $60,000 up to less than $250,000, and a Class A felony at $250,000 or more.
The exact value alleged by the State can therefore determine whether a shoplifting case is prosecuted as a misdemeanor or felony.
Can Multiple Items Be Added Together?
Yes. The value of items involved in the same theft can be considered together. Tennessee law also permits aggregation of multiple criminal acts charged as one count when they arise from a common scheme, purpose, intent, or enterprise.
Aggregation can be important because combining values can move an allegation across a felony threshold.
What If the Store Got the Merchandise Back?
Recovery of the property does not automatically eliminate a theft charge. The prosecution focuses on the defendant’s conduct and intent at the time of the alleged offense.
Return of merchandise can still matter factually and in negotiations, restitution, and mitigation.
Do You Have to Leave the Store to Be Charged?
Not necessarily. Tennessee theft law focuses on knowingly obtaining or exercising control over property without effective consent and with intent to deprive.
Whether the State can prove intent before someone exits the store depends on the specific conduct and evidence.
What Evidence Is Used in Shoplifting Cases?
Common evidence includes surveillance video, loss-prevention testimony, receipts, self-checkout records, inventory information, statements, body-camera footage, and the recovered merchandise.
The defense should obtain and preserve the complete video rather than relying only on selected clips or a loss-prevention summary.
What If It Was a Self-Checkout Mistake?
An accidental failure to scan an item is not the same as knowingly taking property with intent to deprive. Intent can be the central issue in self-checkout cases.
The number of items, scanning pattern, payment history, video, statements, and surrounding circumstances can all matter.
Can a Felony Shoplifting Charge Be Reduced?
Potentially. The evidence, disputed value, criminal history, restitution, mitigation, and negotiations can affect the ultimate disposition.
If value is legitimately contested, moving below a statutory threshold can change the offense classification.
Can a Shoplifting Conviction Be Expunged?
Expungement depends on the precise offense of conviction, criminal history, sentence, waiting period, and Tennessee eligibility rules. Dismissed charges generally present a different expungement analysis from convictions.
Record consequences should be considered before accepting a plea, especially when employment or professional licensing is important.
Why Fight a Misdemeanor Shoplifting Charge?
Even a misdemeanor theft conviction can carry consequences beyond the immediate sentence. Theft is often viewed as an honesty-related offense by employers and licensing bodies.
A defense should examine intent, identification, value, video evidence, statements, and whether the State can prove every required element.
Frequently Asked Questions
How much can you shoplift before it is a felony in Tennessee?
Under the general theft grading statute, property valued at more than $1,000 can place the case in felony territory. Special rules apply to firearm theft.
Is shoplifting under $1,000 a felony?
Generally no. Theft of $1,000 or less is ordinarily a Class A misdemeanor.
Can several items be combined to reach the felony amount?
Yes. Item values can be combined, and Tennessee also permits aggregation in qualifying common-scheme cases.
Is forgetting to scan something automatically shoplifting?
No. Theft requires the required knowing conduct and intent to deprive; a genuine mistake can create a factual defense.
Does returning the merchandise make the charge go away?
Not automatically. Recovery or return can matter, but it does not by itself erase an otherwise completed theft offense.
Talk With a Nashville Criminal Defense Lawyer
Criminal cases often turn on details that are not apparent from the arrest or charging paperwork alone. The evidence, applicable Tennessee law, and procedural options should be reviewed before deciding how to proceed.
Kevin Kennedy Law Firm represents people facing criminal charges in Nashville and Middle Tennessee.