Around the holidays, some crimes occur more often—or are more heavily prosecuted than others. Driving Under the Influence and Shoplifting are two common charges that we see spike beginning around late October through January each year. Why? The holidays! Holiday gatherings tend to involve alcohol, causing a spike in DUIs, and the madness of Black Friday and Christmas can cause mishaps at the self-checkout line. So, what does a charge of shoplifting actually entail?
Shoplifting is a theft offense under Tennessee Code Annotated § 39-14-103 et seq. Theft occurs when a person takes the property of another without their consent and with the intent to permanently deprive the owner of that property. Yes, this includes big corporations like Wal-Mart and Target. This also can include leaving a business such as a hotel or restaurant without paying.
Specifically, shoplifting can occur by:
- Concealing or removing merchandise
- Altering or switching price tags
- Transferring merchandise from one container to another
- Causing the cash register to display the wrong price
- Disabling a security device
Tennessee classifies theft offenses according to the value of the property taken. The grades of theft are as follows:
- Less than $1,000.00 – Class A Misdemeanor
- Between $1,000.00 to $2,500.00 – Class E Felony
- Between $2,500.00 to $10,000.00 – Class D Felony
- Between $10,000.00 to $60,000.00 – Class C Felony
- Between $60,000.00 to $250,000.00 – Class B Felony
- Over $250,000.00 – Class A Felony
The most common shoplifting cases we see fall between the Class A Misdemeanor and E Felony range. If a person takes a couple of shirts from Target, that would be a Class A Misdemeanor; but if a person takes an iPhone 17 Pro—worth a whopping $1099, they’d be charged with an E Felony.
More often than not, shoplifting cases occur when a person accidentally scans an item incorrectly at a self-checkout. The thing to be aware of when it comes to theft, however, is that the total amount taken can be combined with other amounts of theft that occur on different dates. For example, let’s say a person takes 3 iPhone 17 Pros from a store over the course of a month. The total amount of the iPhones would be close to $3,300.00. Under the statute, the amounts can be combined into one charge even though they occurred on different dates—in this example, this person could be charged with a D Felony offense because of the total value taken.
Shoplifting cases are not the end of the world, but a conviction can be detrimental on a background check or to future employers if they believe it is an indication of dishonesty. Good representation is important in defending shoplifting cases. If you or someone you know has been charged with Shoplifting, give our office a call to set up an appointment.