If you or a loved one are facing shoplifting charges in Tennessee, the stress and uncertainty can feel overwhelming. Concerns about legal consequences, the impact on your reputation, and your future weigh heavily at a time when you most need clear answers. At May McKinney, we understand that every shoplifting case is unique—not only because of the facts involved, but because of the individuals and families affected. Our approach is rooted in decades of criminal defense experience in Nashville, with a focus on compassion, strategic advocacy, and protecting what matters most: your future. In this guide, we break down Tennessee shoplifting laws, penalties, and the real steps you can take to address a shoplifting charge.
What Actions Are Considered Shoplifting Under Tennessee Law?
Shoplifting in Tennessee covers a broader range of activities than many realize. Under Tennessee Code Annotated § 39-14-103, shoplifting is defined as knowingly taking, obtaining, or exercising control over merchandise without consent and with intent to deprive the owner of its value. That means shoplifting goes far beyond simply walking out of a store with unpaid items. Concealing merchandise in a bag, switching price tags to pay less, eating food inside a store, or helping another person steal—even if you did not physically take the item—may all be prosecuted as theft crimes.
Other behaviors that qualify as shoplifting include tampering with security devices, attempting to remove electronic article surveillance tags, and making fraudulent returns for cash or store credit. Employees caught taking merchandise without authorization, or assisting customers in circumventing payment, may also face shoplifting charges. In Tennessee, a store does not have to prove that you left the premises—the intent and action are what matter under the law, so suspects can be detained and prosecuted before ever leaving the store.
Because Tennessee’s laws are intentionally broad, even minor misunderstandings or lapses in judgment can result in serious legal accusations. Our defense strategy at May McKinney always begins with a detailed review of the alleged conduct, ensuring that overbroad or unsupported allegations do not result in wrongful prosecution. We focus on the specifics of your situation, the store’s actions, and whether your intent—or lack thereof—can be clearly established under Tennessee law.
How Are Shoplifting Charges Classified & What Are the Penalties in Tennessee?
Shoplifting penalties in Tennessee depend primarily on the value of the merchandise taken. Tennessee uses its theft grading structure for shoplifting—meaning the consequences escalate dramatically as the value increases. If the value of the goods is $1,000 or less, the charge is a Class A misdemeanor, with penalties including up to 11 months and 29 days in jail and fines up to $2,500. Above $1,000, charges become felonies, and the stakes rise substantially.
Here’s how Tennessee classifies shoplifting offenses by value, along with the potential legal penalties:
- Class A Misdemeanor: $1,000 or less; up to 11 months and 29 days in jail, fine up to $2,500
- Class E Felony: $1,000–$2,499; 1–6 years in prison
- Class D Felony: $2,500–$9,999; 2–12 years in prison
- Class C Felony: $10,000–$59,999; 3–15 years in prison
- Class B Felony: $60,000–$249,999; 8–30 years in prison
- Class A Felony: $250,000 or more; 15–60 years in prison
Court-ordered restitution and possible civil penalties are also common. Under Tennessee law, merchants may pursue civil lawsuits for damages in addition to any criminal case. Furthermore, a person with prior theft convictions can face enhanced penalties, including increased jail time, mandatory minimum sentences, or upgraded charges. At May McKinney, we carefully examine every detail of your history and charges, actively working to challenge any attempt to overstate the value or severity of the alleged offense.
Can Someone Be Charged with Shoplifting for an Honest Mistake or Accidental Theft?
It’s not unusual to be accused of shoplifting after a genuine mistake—for example, forgetting to pay for something at the bottom of a shopping cart or being distracted by children. Tennessee law requires that shoplifting be done “knowingly,” meaning there must be an intention to steal. While this legal requirement protects people from prosecution for simple mistakes, reality inside stores is often different. Security staff and law enforcement may arrest someone simply for acting suspiciously or failing to pay, and the accused must then demonstrate that there was no intent to steal.
If you are stopped or detained for shoplifting and you believe the act was accidental, it’s essential to remain calm and avoid volunteering explanations before consulting with legal counsel. The prosecution has the burden to prove intent, but misunderstandings can lead to stressful legal proceedings. We often find that even when intent is absent, people face arrest, booking, and the need for a legal defense.
Our defense at May McKinney focuses on carefully uncovering and presenting evidence that supports an innocent mistake—a key difference-maker in many Tennessee shoplifting cases. We gather witness statements, review security footage, and ensure your entire account is heard. By focusing on the intent element written into the law, we help the court or prosecutor understand the broader context and seek to avoid unnecessary criminal penalties.
What Steps Should You Take Immediately If Accused or Arrested for Shoplifting in Tennessee?
A shoplifting accusation in Tennessee can happen quickly, but careful actions in those first moments can significantly affect your case. If you are detained by store staff or law enforcement, it’s important to remain polite and calm, even if you are confused or upset. Do not argue or struggle against security or police, as physical resistance can result in additional charges and complicate your situation.
Your rights include remaining silent; you are not required to answer questions about your conduct. Provide your identifying information as requested, but avoid discussing the details of what happened until you consult with an attorney. Declining to answer further questions cannot legally be held against you. Request the presence of a lawyer as soon as possible to ensure your rights are protected from the very start.
Taking these actions right away can protect your interests:
- Ask if you are free to leave or being detained
- Refrain from admitting guilt or providing justifications at the scene
- Document names and details of any witnesses present
- Secure any receipts or proof of purchase for questioned items
- Contact (615) 265-6383 as soon as you can
How Can a Criminal Defense Lawyer Reduce or Dismiss Shoplifting Charges?
Working with an experienced criminal defense lawyer provides invaluable advantages in a Tennessee shoplifting case. The legal process is complex, and prosecutors often push for steep penalties even for first-time offenders. Our defense strategies at May McKinney focus on meticulous fact investigation, challenging the evidence, and seeking every possible reduction or dismissal.
Here are ways we advocate for you in shoplifting cases:
- Challenge the prosecution's assertion that you “knowingly” committed theft
- Probe for procedural errors by store security or law enforcement that may violate your rights
- Question the valuation of the property to prevent improper felony charges
- Negotiate with prosecutors to pursue diversion, reduction, or dismissal
- Scrutinize surveillance evidence and witness accounts for inconsistencies
In addition, our holistic perspective means we also address how a shoplifting charge could impact your employment, housing, or education. By aggressively seeking dismissals or plea deals wherever justified—and preparing vigorously for trial when necessary—we help guide you through both the legal battle and the broader consequences a shoplifting charge can have in Tennessee.
Are Diversion, Plea Agreements & Alternative Sentencing Available for First-Time Offenders?
In Tennessee, alternatives to traditional prosecution are often available for first-time shoplifting defendants, helping avoid a permanent criminal record. Pretrial diversion suspends prosecution while you fulfill court-ordered requirements like community service, theft prevention classes, or restitution. Once completed, the shoplifting charge can be dismissed, leaving you eligible for expungement.
Judicial diversion allows you to enter a conditional plea and complete a period of probation or court supervision. If you meet all court conditions, the charge is dismissed without a conviction being entered. These options are primarily offered to those with no significant prior criminal record and nonviolent circumstances. Plea agreements may offer further relief—negotiated reductions in charges, alternative fines, or community-based sentences may be possible in certain cases.
When representing clients, May McKinney diligently evaluates eligibility for each alternative. We present relevant mitigating factors and walk clients step-by-step through diversion, ensuring all conditions are met for a clean record. Clients receive our ongoing support in fulfilling service requirements and reporting progress, helping maximize the odds of a positive outcome. Navigating these alternatives successfully requires both legal insight and a personalized approach—two hallmarks of our defense philosophy.
What Happens When a Minor Is Charged with Shoplifting in Tennessee?
When a minor is accused of shoplifting, their case is usually heard in Tennessee’s juvenile court system. The juvenile process aims for rehabilitation rather than punishment, but young people can still face significant consequences. Penalties may include probation, community service, restitution, or in rare cases, time in a juvenile facility. School-related consequences—such as disciplinary hearings, loss of extracurricular eligibility, or even expulsion—are also common for minors facing theft crimes charges.
Parents or guardians are integral to the process. At May McKinney, we work closely with families to help them understand every aspect of the case and the best options for moving forward. Juvenile courts often offer education, therapy, or community-based programs that focus on learning and making amends, with the goal of preventing repeat offenses. Diversion programs and deferred adjudication can allow for charges to be dismissed and records sealed, provided conditions are completed successfully.
Importantly, even juvenile shoplifting records can have future implications—affecting college admissions, future employment, or military applications. We advise on both immediate defenses and strategies to preserve your child’s long-term opportunities. Our goal is to ensure that a poor decision in youth does not carry lifelong consequences, and we craft every defense to fit your unique family’s needs.
How Does a Shoplifting Conviction Affect Your Record & Future in Tennessee?
The effects of a shoplifting conviction extend well beyond court-imposed penalties. Any theft-related conviction—whether misdemeanor or felony—appears on your criminal record, which is regularly checked by employers, landlords, and licensing agencies. Employers in retail, finance, and government, in particular, may be reluctant to hire anyone with a theft conviction, associating it with trustworthiness concerns.
Shoplifting convictions can also hinder higher education prospects. Many Tennessee universities and financial aid programs ask about criminal records, and certain scholarships may be off-limits for individuals found guilty of theft. Professional licensing boards, including those for teachers, healthcare workers, and real estate sales, may review and deny licenses based on a record of theft—sometimes even years after the offense.
We take a proactive role in advising clients on the collateral impact of a shoplifting conviction and seek out resolutions that minimize or eliminate long-term harm. This includes fighting for expungement, advocating for alternative sentencing, and providing support in communicating with schools, employers, or licensing agencies. At May McKinney, our measured, honest counsel is always aimed at protecting your future in every respect.
Can Shoplifting Charges Be Expunged or Removed from Your Record in Tennessee?
Expungement offers those accused or convicted of shoplifting in Tennessee a valuable second chance. Whether expungement is possible depends on how your case ends and your criminal history. Most cases dismissed through pretrial diversion, judicial diversion, or outright dismissal are eligible for expungement. This means the record of the shoplifting arrest and charge will be erased, helping you move forward without ongoing stigma.
Actual convictions, especially those for first-time, nonviolent misdemeanor offenses, may also be expunged after a waiting period (ten years for misdemeanors in many cases, and longer for felonies). Requirements include completing all court-ordered sanctions, not having subsequent convictions, and submitting a formal petition with accompanying fees. Some offenses—including those involving violence or repeat offenders—cannot be expunged, making early legal intervention critical.
May McKinney supports clients through every step of the expungement process, from assessing eligibility to preparing filings and representing you at any required hearings. We stay current on evolving Tennessee expungement laws, ensuring that all potential opportunities are utilized and records are truly cleared wherever possible. Removing a shoplifting charge from your record can be life-changing for jobs, education, and your peace of mind.
What Other Consequences Might Follow a Shoplifting Charge in Tennessee?
The impact of a shoplifting charge in Tennessee often extends far beyond court penalties. Retailers can and do file civil lawsuits against individuals accused of shoplifting, seeking compensation for actual losses as well as civil penalties and attorney fees. Even when criminal charges are dismissed or reduced, these civil proceedings can create financial and legal headaches, requiring separate responses and legal support.
Businesses frequently issue “no trespass” orders against those accused of shoplifting, banning individuals from all store locations. Violating these bans can result in further charges and reinforce a negative record. Additionally, shoplifting accusations sometimes become public information, affecting your community reputation, business relationships, and future opportunities. In child custody or divorce cases, a shoplifting charge can also influence family court decisions.
Our representation at May McKinney is comprehensive—we advise you about direct penalties, deal directly with civil claims when possible, and help mitigate the wide-ranging impacts of a shoplifting charge. With a personalized, holistic approach, we address every ripple effect, not just the outcome in court. This commitment to total client support sets our team apart and ensures no consequence is left unaddressed.
What Are the Most Effective Defenses Against Shoplifting Charges in Tennessee?
The best defense in a Tennessee shoplifting case is always rooted in the specifics. One of the most successful legal arguments involves challenging the prosecution’s ability to prove intent. Honest mistakes, poor communication, or incomplete transactions may negate this required legal element and result in reduced or dismissed charges. We also scrutinize the way stores estimate the value of merchandise—the difference between a misdemeanor and felony could hinge on a receipt or inventory list.
Another line of defense is contesting the legality of searches or detentions. If store security or law enforcement fails to follow procedural or constitutional requirements, any evidence obtained may be suppressed, weakening the case. Cases involving mistaken identity, unreliable witnesses, or unclear surveillance footage provide further grounds for challenging shoplifting allegations under Tennessee law.
Our philosophy at May McKinney is individualized defense—never a generic approach. We combine fact investigation, legal analysis, and a full understanding of your needs to tailor strategies that address every angle. This ensures your voice is heard, your rights are protected, and that you receive the most thorough legal advocacy possible.
How to Protect Your Rights & Future When Facing Shoplifting Charges in Tennessee
Shoplifting accusations can be life-altering, but you are not without options. Taking immediate, strategic action preserves your rights and can dramatically alter your future. Securing legal counsel early ensures critical evidence is preserved, deadlines are met, and every avenue for a positive resolution is explored. Keep detailed notes, collect any receipts or communications with store staff, and resist the urge to discuss the case on social media before it’s resolved.
Personalized representation is key. At May McKinney, we see you as an individual with a life, goals, and loved ones—not as a case number. Our nearly 80 years of combined experience in Tennessee criminal law is brought to bear for every client, from first consultation to final resolution. We guide you step by step, explain all risks and options, and focus on protecting your long-term interests—not just winning in court.
If you or someone you care about is dealing with a shoplifting charge, reach out to our team at (615) 265-6383. We’re ready to listen, provide clear next steps, and offer the focused, strategic defense you deserve. A strong response today can safeguard your future tomorrow.