How Can You Fight Theft Charges If You Didn’t Know the Item Was Stolen?
Being charged with theft in Tennessee can be an overwhelming experience, especially if you had no idea the item in question was stolen. Theft charges can carry serious consequences, including jail time, fines, and a permanent criminal record that can affect your job, housing, and future opportunities.
Many people mistakenly believe that lack of knowledge is an automatic defense, but the law often makes these cases more complicated. If you’re facing theft charges in Chattanooga, Tennessee, or anywhere in Hamilton County, working with a skilled criminal defense lawyer can make a considerable difference in protecting your rights.
Tennessee takes theft offenses seriously, and prosecutors aggressively pursue convictions. However, being accused of theft doesn’t mean you’re guilty. There are legal defenses that can help fight the charges, especially if you truly didn’t know the property was stolen.
Understanding the different types of theft charges, Tennessee’s unique theft laws, and potential penalties can help you see the importance of hiring an experienced criminal defense lawyer to build the strongest possible defense. As an experienced criminal defense lawyer at Zak Newman Attorney at Law, I offer detailed insight into theft cases in Tennessee.
Understanding Theft in Tennessee
Theft is broadly defined under Tennessee law as the act of knowingly obtaining or exercising control over someone else’s property with the intent to deprive the owner of that property. Theft charges can range from minor offenses to serious felonies, depending on the value of the stolen property and the circumstances surrounding the case. Common types of theft charges include:
Shoplifting: Taking items from a store without paying or altering price tags to pay less.
Burglary: Entering a building with the intent to commit theft or another crime.
Robbery: Using force or threats to take property from another person.
Auto theft: Stealing a vehicle or taking it without permission.
Possession of stolen property: Having stolen goods in your possession, even if you claim you didn’t know they were stolen.
Each type of theft charge carries different legal consequences, and the prosecution must prove intent to convict. A skilled criminal defense lawyer can challenge the state’s evidence and argue against the assumption that you knowingly participated in a crime. When you choose Zak Newman Attorney at Law, I’ll give your case the time and dedication it deserves.
How Tennessee Theft Laws Differ From Other States
Tennessee theft laws have unique elements that set them apart from laws in other states. One major difference is the state’s classification of theft offenses based on the value of the stolen property. In Tennessee, theft is divided into different categories:
Misdemeanor theft (property valued under $1,000) can result in up to 11 months and 29 days in jail and fines up to $2,500.
Felony theft is divided into different levels:
Class E felony ($1,000 - $2,500): 1-6 years in prison
Class D felony ($2,500 - $10,000): 2-12 years in prison
Class C felony ($10,000 - $60,000): 3-15 years in prison
Class B felony ($60,000 - $250,000): 8-30 years in prison
Class A felony (over $250,000): 15-60 years in prison
Another key distinction in Tennessee law is that theft charges can apply even if someone unknowingly possesses stolen property.
Unlike some states that require prosecutors to prove direct knowledge of a crime, Tennessee law allows for convictions based on circumstantial evidence. This means that even if you had no idea an item was stolen, you could still face serious legal consequences without the right defense.
Potential Penalties for Theft Convictions in Tennessee
The penalties for theft charges can vary based on the circumstances of the case. However, some common consequences often include the following:
Jail or prison time: Even misdemeanor theft charges can result in jail time, while felony convictions can lead to lengthy prison sentences.
Fines: Convictions can carry fines ranging from a few hundred dollars to $25,000 or more.
Restitution: The court may require you to pay the value of the stolen property back to the victim (known as restitution).
Criminal record: A theft conviction can make it difficult to find employment, rent an apartment, or obtain certain professional licenses.
Probation: Some convictions lead to probation, which requires meeting strict conditions like regular check-ins and avoiding further legal trouble.
Because of the harsh consequences, it’s critical to work with a criminal defense lawyer who understands Tennessee law and can fight for the best possible outcome in your case.
Can You Be Convicted If You Didn’t Know the Item Was Stolen?
In Tennessee, you can still be charged even if you didn’t know the property was stolen. Prosecutors can argue that you should have known the item was stolen based on the circumstances. For example, if you bought an item at an unusually low price or received something from a known criminal, they may claim that you ignored obvious red flags.
However, there are strong defenses against these types of charges. A criminal defense lawyer can present evidence that you had no reasonable way of knowing the property was stolen or that you had a legitimate reason to believe the transaction was lawful. If law enforcement made errors in handling the case, a lawyer can also argue that the charges should be dismissed.
Common Defenses Against Theft Charges
If you’re facing theft charges, there are several legal defenses that could potentially apply to your case. It's important to consult with an experienced attorney who can help determine the best defense. Some of the most common defenses for combating theft charges include:
Lack of intent: If you didn’t knowingly steal or possess stolen property, your lawyer can argue that there was no criminal intent.
Mistaken identity: In cases of wrongful accusations, proving mistaken identity can help get charges dropped.
Illegal search and seizure: If police violated your rights during the investigation, evidence against you might be inadmissible in court.
Mistaken ownership: If you had reason to believe the property was yours or had permission to use it, this could be a strong defense.
Insufficient evidence: Prosecutors must prove every element of the crime beyond a reasonable doubt. If they can’t, your case could be dismissed.
The Importance of Hiring a Criminal Defense Lawyer
Theft charges, especially those involving alleged possession of stolen property, can be highly complicated. Prosecutors often push for maximum penalties, and without legal representation, you could face life-altering consequences. A knowledgeable criminal defense lawyer can investigate the facts, challenge weak evidence, and work to get charges reduced or dismissed.
If you’re in Chattanooga or anywhere in Hamilton County—including Red Bank, East Ridge, and Collegedale—it’s crucial to work with a local lawyer who understands Tennessee theft laws. Having an experienced legal advocate on your side can mean the difference between a conviction and a favorable outcome.
Theft charges can be intimidating, especially if you didn’t know the item in question was stolen. Tennessee law makes it possible to face criminal penalties even in cases where there was no intent to commit a crime. However, you have legal options. With the right defense strategy and an experienced criminal defense lawyer, you can fight the charges and protect your future.
Call My Office Today
If you’re in Chattanooga, Tennessee, or anywhere in Hamilton County, including Red Bank, East Ridge, or Collegedale, don’t wait to get legal help. A dedicated criminal defense lawyer can review your case, explain your options, and work tirelessly to defend your rights.
No matter the circumstances, securing legal representation is your best chance at achieving a favorable outcome. Contact me today at Zak Newman Attorney at Law for a consultation.