TN+Theft+and+Robbery+4

TN Laws

TN Theft and Robbery Cases 4th

Larceny: the wrongful taking and carrying away of the personal goods of another from his or her possession with intent to convert them to the taker's own use. Theft is graded as a misdemeanor or felony depending on the value of goods or services that are unlawfully obtained, according to the following criteria: 1. A Class A misdemeanor if the value of the property or services obtained is five hundred dollars ($500) or less; 2. A Class E felony if the value of the property or services obtained is more than five hundred dollars ($500) but less than one thousand dollars ($1,000); 3. A Class D felony if the value of the property or services obtained is one thousand dollars ($1,000) or more but less than ten thousand dollars ($10,000); 4. A Class C felony if the value of the property or services obtained is ten thousand dollars ($10,000) or more but less than sixty thousand dollars ($60,000); and 5. A Class B felony if the value of the property or services obtained is sixty thousand dollars ($60,000) or more. T.C.A. § 39-14-105.  Robbery: the felonious taking of the property of another from his or her person or in his or her immediate presence, against his or her will, by violence or intimidation.

Tennessee takes robbery offenses seriously as robbery is considered a Class C felony. Robbery can be elevated in two circumstances to [|aggravated robbery or especially aggravated robbery] . According to Tennessee law, Aggravated robbery is robbery plus: • accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon; or • Where the victim suffers serious bodily injury. Tenn. Code Ann. § 39-13-402 (2007). Aggravated robbery is a Class B felony. Especially aggravated robbery is robbery plus: • Accomplished with a deadly weapon; and • Where the victim suffers serious bodily injury. Tenn. Code Ann. § 39-13-403 (2007).

Especially aggravated robbery is a Class A felony, the most serious type of felony under Tennessee law. The difference between aggravated robbery and especially aggravated robbery is that especially aggravated robbery requires both the use of a deadly weapon **//and//** serious bodily injury; whereas, aggravated robbery only requires use of a weapon **//or//** serious bodily injury.


 * **Level of Offense ** ||  || **Punishment(s) ** ||


 * Capital Crime ||  || Death; life imprisonment ||


 * Class A felony ||  || Not less than fifteen (15) nor more than sixty (60) years in prison. In addition, the jury may assess a fine not to exceed fifty thousand dollars ($50,000), unless otherwise provided by statute ||


 * Class B felony ||  || Not less than eight (8) nor more than thirty (30) years in prison. In addition, the jury may assess a fine not to exceed twenty-five thousand dollars ($25,000), unless otherwise provided by statute ||


 * Class C felony ||  || Not less than three (3) years nor more than fifteen (15) years in prison. In addition, the jury may assess a fine not to exceed ten thousand dollars ($10,000), unless otherwise provided by statute ||


 * <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Class D felony ||  || <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Not less than two (2) years nor more than twelve (12) years in prison. In addition, the jury may assess a fine not to exceed five thousand dollars ($5,000), unless otherwise provided by statute ||


 * <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Class E felony ||  || <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Not less than one (1) year nor more than six (6) years in prison. In addition, the jury may assess a fine not to exceed three thousand dollars ($3,000), unless otherwise provided by statute ||


 * <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Class A misdemeanor ||  || <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">not greater than eleven (11) months twenty-nine (29) days in jail or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute ||


 * <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Class B misdemeanor ||  || <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">not greater than six (6) months in jail or a fine not to exceed five hundred dollars ($500), or both, unless otherwise provided by statute ||


 * <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Class C misdemeanor ||  || <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">not greater than thirty (30) days in jail or a fine not to exceed fifty dollars ($50.00), or both, unless otherwise provided by statute ||

<span style="color: #333333; font-family: 'Times New Roman','serif'; font-size: 14pt; line-height: 115%;"> Burglary: the felony of breaking into and entering the house of another at night with intent to steal, extended by statute to cover the breaking into and entering of any of various buildings, by night or day. In Tennessee, [|burglary]is divided into three categories: [|Burglary, Aggravated Burglary, and Especially Aggravated Burglary]. The offense charged depends upon the type of structure entered and/or the nature of the injury resulting from the offense. <span style="color: #333333; font-family: 'Times New Roman','serif'; font-size: 14pt; line-height: 150%;">Under Tennessee law, a person commits the offense of Burglary who, without the effective consent of the property owner: (1) Enters a building other than a habitation not open to the public with intent to commit a felony, theft, or [|assault]; (2) Remains concealed in a building with the intent to commit a felony, theft, or assault; (3) Enters a building and commits or attempts to commit a felony, theft, or assault; or (4) Enters any freight or passenger car, automobile, truck, trailer, boat, airplane, or other motor vehicle with intent to commit a felony, theft or assault or commits or attempts to commit a felony, [|theft], or assault. "Enter" means intrusion of any part of the body or intrusion of any object in physical contact with the body or any object controlled by remote control, electronic or otherwise. "Habitation" means any structure, including buildings, module units, mobile homes, trailers, and tents designed or adapted for overnight accommodation of persons. "Habitation" also includes a self-propelled vehicle that is designed or adapted for overnight accommodation of persons and is actually occupied at the time of initial entry of the defendant, as well as each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with the structure or vehicle. All burglary offenses in Tennessee are felonies. A Burglary offense under sections (1), (2), or (3) is a Class D Felony, punishable by 2 to 12 years imprisonment, a fine up to $5,000, as well as additional requirements imposed by the trial judge, including restitution, court costs, anti-theft classes, drug & alcohol treatment, and anger management classes. A Burglary offense under section (4) is a Class E Felony, punishable by 1 to 6 years imprisonment, a fine up to $3,000, as well as additional restrictions imposed by the trial judge.

Shoplifting: to steal displayed goods from a store If you have been caught **shoplifting** or stealing something, and charged with theft in Tennessee, chances are you are humiliated and regret the actions that led you to this point. Once you get over the initial embarrassment, you may experience a huge amount of stress. Facing criminal charges is not an easy thing and you have every right to be frightened of the potential outcome. Or you may be wrongfully accused of shoplifting. It can often be a mistaken charge. It is very possible hat you meant to pay but simply forgot, or you were with someone else who stole something, and you were also charged with theft. We understand that you are in a tough situation, and need some advice and help to figure out how to defend yourself and fix the situation. And the stakes are high… you can face serious penalties, fines, and even jail time for a theft offense. Not to mention the risk and consequences of getting stuck with a permanent criminal record that can follow you for life. Whatever happened, we are here to help you. Whether you forgot to pay for something or intentionally stole someone else’s property, you might feel that the entire criminal justice system is out to get you. You may be unsure if you will receive fair treatment in court, and make sure that your side is heard, and your rights are defended under the law. A skilled and experienced Tennessee defense attorney ensures that your rights will be protected and your best interests looked after. Our lawyers have handled a very wide variety of theft cases in Tennessee criminal courts. We know the outcome you may be facing is frightening and want to put your mind at ease. So please call to discuss your case today and see how we can help you during this time of need.

Tennessee Shoplifting/Theft – Laws & Penalties
There are two very basic theft offenses in Tennessee: **theft of property** and **theft of services**. //Ref: TCA 39-14-103// //Ref: TCA 39-14-104// How you are charged and the potential sentence/penalties you may be facing depends largely on the value of the property or services in question.
 * Theft of property** involves knowingly obtaining or exercising control over the property of another without their consent.
 * Theft of services** is obtaining services by fraud or deception, or leaving a place of business after receiving service typically paid for without paying, or receiving any service that requires payment without paying.
 * **If the theft value is:** || **Then the charge and sentence is:** ||
 * $500 or less || Class A misdemeanor (Up to one year in jail and $2,500 in fines) ||
 * $500-$1,000 || Class E felony (1-6 years in prison and up to $3,000 in fines) ||
 * $1,000-$10,000 || Class D felony (2-12 years in prison and up to $5,000 in fines) ||
 * $10,000-$60,000 || Class C felony (3-15 years in prison and up to $10,000 in fines) ||
 * More than $60,000 || Class B felony (8-30 years in prison and up to $25,000 in fines) ||

In designating carjacking as a more serious crime than theft and [|robbery in Tennessee], the General Assembly recognized that carjacking is usually committed by someone who tries to flee from the scene of another crime and that such action creates a substantial risk of harm to the public. Consequently, carjacking is a Class B felony, which carries a prison sentence between 8 and thirty years and a fine not to exceed $25,000. Under Tennessee’s criminal code, carjacking is “the intentional or knowing taking of a motor vehicle from the possession of another by use of either,
 * A deadly weapon, or


 * Force or intimidation.”

A deadly weapon typically means a firearm but can also include any object that is designed, made or adapted for the purpose of inflicting death or serious bodily injury, such as a club, knife or an automobile. Deadly weapons seem serious enough, but defendants can also be on the hook simply for sneaking up on someone, pushing her out of the way, and taking her vehicle. This conduct falls under the rubric of force and intimidation. All that is required is that the victim be placed in fear. When charged with carjacking, a knowledgeable [|Tennessee criminal defense attorney] knows to ask the court to charge “unauthorized use of an automobile” as a lesser included offense. In criminal trials, a lesser included offense is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. When requested, a court may give jurors the option of finding the defendant guilty of the less serious offense. Unauthorized use of an automobile (“joyriding”) is a Class A misdemeanor, which carries a significantly shorter jail term and lower fines. Our attorneys serving the East Tennessee region know what it takes to provide you with a powerful defense to carjacking charges and will work diligently to help you reach the best possible outcome. If you have been charged with carjacking, call the property crimes attorneys at Baker Associates to schedule your free case evaluation.


 * <span style="color: black; font-family: 'Constantia','serif'; font-size: 12pt; line-height: 115%;">Embezzlement **

<span style="color: black; font-family: 'Constantia','serif'; font-size: 12pt; line-height: 115%;">is the act of dishonestly appropriating or secreting assets, usually financial in nature, by one or more individuals to whom it is entrusted


 * <span style="color: black; font-family: 'Constantia','serif'; font-size: 12pt; line-height: 115%;">Identity theft is committed when you knowingly obtain, possess or use the without the consent of that person. **<span style="color: black; font-family: 'Constantia','serif'; font-size: 12pt; line-height: 115%;">In most cases, identity theft is a **<span style="font-family: 'Constantia','serif'; mso-bidi-font-family: 'Courier New';">Class D felony ** punishable by 2-12 years in prison and up to $5,000 in fines. <span style="font-family: 'Constantia','serif'; font-size: 12pt; line-height: 115%;">