Shoplifting charges are simply theft charges. However, they are different. Shoplifting is taking merchandise from the store owner. The state does not have to prove they exercised control over the merchandise. Because it is a store, some issues are a little less clearcut. Here is one example. The theft prevention people allege you took the property past the point of sale. Taking property past the last point of sale is not an element of the crime. Here are some facts to consider in defending shoplifting cases.
Tennesse Code Annotated 39-14-146 sets for some guidance on defending shoplifting charges.
- Was the merchandise concealed?
- Was the merchandise removed or did one take possession?
- Was the price tags altered?
- Was the merchandise transferred from one container to another?
- Did the cash register reflect less than the merchant's sales price?
- Was an antishoplifting device or inventory control device removed?
- Was any instrument, container or anything else used to facilitate a theft?
- Was a fire alarm activated to commit theft?
Shoplifting charges are serious. a shoplifting conviction looks terrible on your criminal record and could cause you problems getting a job. There are possible defenses and alternative ways to resolve your cases especially in Nashville, TN.
