Many people mistakenly believe that shoplifting charges are not serious. However, the law takes any type of theft, including shoplifting, seriously. If the police have accused you of taking something valuable, you could face serious penalties that have a lasting effect on your life.

A Knoxville shoplifting lawyer at Price Benowitz knows how to create strong defense strategies against these charges.  Our goal is to minimize the consequences you face or have your case dismissed altogether. Whether you are facing a misunderstanding or a more complicated shoplifting case, a skilled criminal defense attorney is here to protect your rights and guide you through the legal process. Call the firm today for more information.

Examples of Shoplifting Under State Law

Shoplifting is listed under Tennessee Code Annotated § 39-14-101. The law covers instances in which an individual takes property without permission or attempts to wrongfully minimize the amount of money they would need to pay for their purchase.

According to state law, some examples of shoplifting include taking items from a store, removing or altering price tags, attempting to return stolen goods, and skipping items at self-checkout. No matter what form of shoplifting you have been accused of, a qualified attorney in Knoxville could help you with your case.

What Are the Legal Elements of Shoplifting?

In order to obtain a shoplifting conviction, the prosecutor needs to prove every element of the charge. If you are able to negate any of these elements or the prosecutor does not have the necessary evidence, the court may not be able to apply a potential conviction.

Under state law, there are three elements of shoplifting that the prosecutor must prove:

• First, you knowingly obtained or exercised control over property that belonged to someone else
• Second, you took or controlled the property without the effective consent of the owner
• Third, you acted with the intent to deprive the owner of the property, either permanently or so as to substantially reduce its value or benefit

Refuting these elements requires an attorney who has experience with shoplifting cases in Knoxville.

Penalties for Shoplifting

Since the general theft statute includes shoplifting charges, the penalty depends on the value of the property at issue. Shoplifting charges could even rise to a felony, depending on the value of the property.

Shoplifting values and penalties are divided into four categories:

Class A Misdemeanor

Property valued at $1,000 or less is a Class A misdemeanor, with a penalty of up to 11 months and 29 days in jail and up to $2,500 in fines.

Class E Felony

Property valued over $1,000 but less than $2,500 is a Class E felony, with one to six years in prison and up to $3,000 in fines.

Class D Felony

Property valued from $2,500 to less than $10,000 is a Class D felony, with two to 12 years in prison and up to $5,000 in fines.

Class C Felony

Property valued from $10,000 to less than $60,000 is a Class C felony, with three to 15 years in prison and up to $10,000 in fines.

There are even tougher penalties, such as lengthier prison sentences, when the value of the property is greater. You may have no knowledge of the potential severity of the punishment at the time of your arrest in Knoxville, so it is imperative that you contact a shoplifting defense attorney immediately.

Defenses Against Shoplifting Charges

If the state has charged you with shoplifting, several defenses may be available, depending on the facts of your case. One common defense is the lack of intent, which you could use if you accidentally walked out of the store with an item or did not realize it was in your possession. This may challenge the prosecution’s claim of intentional theft, as shoplifting can not be committed accidentally.

Mistaken identity is another defense, especially in cases based solely on store surveillance or eyewitness testimony. Additionally, ownership or the right to possession may apply if you believed the item belonged to you. In some instances, procedural defenses, such as an unlawful search, seizure, or arrest, could lead to the suppression of evidence or a dismissal.

A well-practiced lawyer in Knoxville could evaluate the specifics of your shoplifting case, challenge the prosecution’s evidence, and work to reduce or eliminate the charges.

Contact a Shoplifting Defense Attorney in Knoxville Today

If you are facing shoplifting charges, do not take chances with your future. A conviction can lead to fines, jail time, and a permanent criminal record. A Knoxville shoplifting lawyer could protect your rights and build a strong defense on your behalf.

Contact Price Benowitz today for a free case evaluation. Let our attorneys help you fight the charges and work toward the best possible outcome for your case.