Will I Face Jail Time for Shoplifting in Tennessee?

woman looking at hanging shirts

Shoplifting is the theft of merchandise from a retail store. You may be surprised how common of a crime it truly is. Studies have shown that over 9% of the American population shoplifts. Charges like these are taken very seriously by the state of Tennessee and can result in extensive fines and even jail time. Contact a Memphis criminal defense attorney for assistance with your shoplifting case.

Do the Penalties for Shoplifting Include Jail?

The charges for shoplifting in Tennessee will vary from a lowly misdemeanor to a Class A felony based on the numeric value of the stolen goods. The following is a list of classifications and the penalties that come with them.

Misdemeanor

  • Merchandise valuing less than $1,000
  • Fines up to $2,500
  • May serve jail time of 1 year

Class E Felony

  • Merchandise valuing $1,000 to $2,500
  • Fines up to $3,000
  • May serve jail time of up to 6 years

Class D Felony

  • Merchandise valuing $2,500 to $10,000
  • Fines up to $5,000
  • May serve jail time of up to 12 years

Class C Felony

  • Merchandise valuing $10,000 to $60,000
  • Fines up to $10,000
  • May serve jail time of up to 15 years

Class B Felony

  • Merchandise valuing $60,000 to $250,000
  • Fines up to $25,000
  • May serve jail time of up to 30 years

Class A Felony

  • Merchandise valuing $250,000 or more
  • Fines up to $50,000
  • May serve jail time of up to 60 years

Can I Get My Charges Dropped?

In short, it may be possible to have your shoplifting charges dropped. Being convicted of shoplifting will mean that you have a criminal record that will appear on all background checks, including ones done by potential employers. 

If you are a first-time shoplifting offender you may be able to avoid jail time and a criminal record with the help of a knowledgeable attorney. The first way you can try is by trading your conviction for probation. This is called judicial diversion and will entail you being on probation for a court-ordered length of time, while also paying monthly fees, court costs, and expungement fees. You may also be required to complete mandatory community service. This can be a great way for first-time offenders to avoid a criminal record but still walk away with penalties and fees.

It is also possible to avoid probation in what is called merchant restitution. If the stolen merchandise is recovered undamaged and you pay the store owner the value they are owed, it is possible to have the charges dismissed. The store owner will have to agree to drop the charges and provide you with a written letter stating so. This is an ideal solution for many first-time offenders because they are able to avoid a criminal record and probation, and in most cases is less costly than judicial diversion.