Theft charges carry severe potential penalties. Not only could you face possible jail time, but you may also face other collateral consequences of a conviction that could remain with you for some time. You should engage a knowledgeable criminal defense attorney as soon as possible—preferably immediately after your arrest. An experienced Knoxville theft lawyer at Price Benowitz could help you mount the strongest possible legal defense.
Tennessee law categorizes theft offenses based on the value of the stolen property and the circumstances of the crime. The main degrees include:
Because prosecutors determine the value of the alleged goods at issue, you have no control over the severity of the charges. You may need an attorney if you are facing theft charges in Knoxville solely because of the valuation of the goods involved, regardless of intent.
Additionally, any conviction for theft qualifies as a crime of dishonesty. There may be other consequences for you beyond potential time in prison. You may find it challenging to secure employment because prospective employers may see your conviction for a crime that involved dishonesty. If you are not a United States citizen, you may even be subject to removal proceedings. Depending on the circumstances, you may not be able to expunge your record, so it may remain there for the rest of your life.
Theft under Tennessee law requires the prosecution to prove several key elements beyond a reasonable doubt. If they fail to produce evidence of each of these elements, you cannot be convicted of theft.
First, the defendant must have knowingly obtained or exercised control over someone else’s property or services. Second, this control must be without the owner’s effective consent. Third, the defendant must have acted with the intent to deprive the owner of the property permanently or for an extended period. The property involved may be tangible items, such as money, or intangible rights.
Importantly, the state must show that the defendant’s intent was purposeful—not accidental or mistaken. As with any property crime in Knoxville, the higher the value of the stolen goods, the greater the penalties and the need for an experienced lawyer. Accordingly, a theft conviction under Tennessee Code Ann. § 39-14-103 could range from a misdemeanor to a felony.
Attorneys in Knoxville often focus on disproving one or more elements of the crime when defending against theft charges. Common defenses include a lack of intent, where you could show that you did not intend to permanently deprive the owner of the property. Mistake of fact may apply if you believed you had permission to take the property. Ownership disputes could arise if your attorney successfully argues that you legally owned or had a right to possess the item. Additionally, insufficient evidence or unlawful searches could result in the dismissal of theft charges.
Steadfast and compassionate legal advocates, such as the lawyers at Price Benowitz, carefully investigate each larceny case while constructing an irrefutable legal defense and advocating for your rights at every opportunity.
The experienced and hardworking legal team at Price Benowitz is eager to defend your rights. Their job is to support you throughout the entire process, advocating for the best possible outcome at all times. Contact a Knoxville theft lawyer from Price Benowitz today to schedule a free case evaluation.
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