Shoplifting charges result from taking goods or anything of value from a merchant, intending to deprive them of the products without purchase. A criminal conviction on your record, regardless of the severity, can have lasting adverse effects on your life, and that can be particularly true for crimes involving dishonesty.

Further, those with prior convictions for theft could face severe penalties, including jail time and steep fines. Therefore, entering a guilty plea without consulting with a qualified Nashville shoplifting lawyer is not in your best interest. The theft defense lawyers at Beasley Law Criminal Defense Attorneys have experience with different stealing-related charges and work as a team to defend your case.

What Are the Different Types of Shoplifting?

Shoplifting arrests may result from various types of actions, including the following.

Intentionally Concealing

Intentionally concealing merchandise and intending to leave the store without paying for it is the most common reason for arrests. That could mean hiding it under clothes or sticking it in a purse or bag from another store.

Altering or Removing Price Tags

Intentionally changing or removing price tags or switching the packaging to pay less for the product than the retailer’s asking price is also theft. If the merchandiser can prove the action occurred, the state bases the charges’ severity on the price difference’s value.

Failing to Scan During Self-Checkout

While it can be a simple error to miss a scan while scanning items during self-checkout, if an individual does it purposely, they may face arrest for shoplifting. The store manager and police officers may review surveillance videos to determine if the actions were intentional.

Potential Penalties for Shoplifting in Tennessee

Penalties for shoplifting vary greatly, depending on the severity of the charges and specific circumstances. Because shoplifting often includes stealing merchandise under the value of $1,000 in comparison to other theft, it is typically classified as a Class A misdemeanor under Tennessee Code § 39-14-105. However, under the retail merchandise statute, Tennessee Code § 39-14-146, a fifth or subsequent conviction in a two-year period can increase the classification and associated fines.

The criminal court will also consider other factors, such as the alleged defendant’s criminal history and the individual’s specific actions leading up to the arrest. Their age may also be a consideration. If a minor shoplifts, they may receive lighter sentencing than an adult for a first-time shoplifting charge, or their parents may be subject to penalties on behalf of their children.

Misdemeanor convictions could mean up to 11 months and 29 days in jail, a fine up to $2,500, or both. Lower felony convictions could result in anywhere from one to 12 years’ imprisonment and fines up to $5,000. Higher-level felony shoplifting for merchandise above $10,000 could carry even heavier prison sentences and fines up to $50,000. A Nashville shoplifting attorney could review the charges against you and answer questions about possible defense strategies.

Possible Defenses for Shoplifting Charges

The best way to determine the best defense strategy option is to meet with a shoplifting lawyer in Nashville to review the specifics. However, some potential options include:

  • Lack of evidence to establish guilt beyond a reasonable doubt
  • Lack of intention to steal the items, such as the individual accidentally leaving the store without paying
  • Accidental concealment, such as mistakenly putting a product in their pocket to free up their hands while shopping
  • The alleged defendant was under duress because of threats to harm them or someone close to them unless they committed the theft

The state prosecutor’s case must show that the individual intended to commit theft or does not have cause for a conviction. We work hard to build a solid defense case based on the facts and not assumptions.

Contact a Skilled Shoplifting Attorney in Nashville for Help With a Case Today

Any arrest with the potential for conviction is stressful, regardless of the specific circumstances. The most effective way to reach a positive outcome is by learning about the level of the charges you face and preparing a sound defense strategy.  A seasoned Nashville shoplifting lawyer could review the specifics of your arrest and the state’s case against you and help formulate a powerful defense. Call Beasley Law Criminal Defense Attorneys today to schedule an appointment and begin preparing your case.