The word “theft” encompasses a broad range of crimes. Theft occurs when someone takes someone else’s property (including money) without their consent and with the intention to permanently deprive that person of said property. It is also illegal to steal services, which occurs when someone unlawfully receives a service without paying for it, i.e., leaving a restaurant without paying for your meal. Whether petty or white collar theft, a misdemeanor or a felony, a state or a federal crime, theft is a serious charge that can incur severe penalties. It’s important that you understand exactly what type of theft you are being charged with when arrested or given a citation by police, so that you can hire a criminal defense attorney who is experienced and prepared to handle your unique case. To learn more about the types of theft Best & Brock will help you litigate in Tennessee and Georgia, keep on reading!
Misdemeanor Theft
Let’s start with what is considered the lowest level of theft crimes, misdemeanor theft. Sometimes referred to as petty theft, or petty larceny, a person is understood to have committed misdemeanor theft when they steal money or property valued at or below a certain dollar amount. Petty theft is usually a misdemeanor, thus it could be punished by up to a year in prison. Many petty theft convictions will be punished by court-ordered restitution to the victim, community service, and a short stint in jail.
Tennessee’s prohibitions against theft can be found in Title 39, Chapter 14, Section 1 of the Tennessee Code. In Tennessee, theft is a Class A misdemeanor when the value of the property or service is valued at or less than $1,000. However, if the item stolen was a firearm, the offense automatically becomes a felony, even if the firearm is worth less than $1,000. Misdemeanor theft is punishable by up to 11 months, 29 days incarceration or probation and fines up to $2,500 in Tennessee. In addition to court fines and costs, judges will often order the defendant to pay restitution to the victim of theft. Clearly, a theft conviction can be more costly than the stolen item is worth!
Georgia has its own laws pertaining to theft: Title 16, Chapter 8, Article 1 of the Official Code of Georgia. Georgia law punishes theft as a misdemeanor when the value of the stolen property or service is $1,500 or less. Misdemeanors in Georgia are punishable by up to a year incarceration or probation and fines generally not to exceed $1,000 – not to mention community service, restitution, and attorney fees.
Perhaps the most common type of petty theft is shoplifting, when someone steals merchandise from a retail store such as Wal-mart. Georgia has a statute specifically related to shoplifting, O.C.G.A. § 16-8-14. Under this statute, shoplifting is not only leaving a store with an item you didn’t pay for, but also includes altering the price tag on goods and transferring the goods in a retail store from one container to another. According to this law, shoplifting merchandise worth $500 or less is a misdemeanor. A second shoplifting conviction in Georgia will incur a court fine not less than $500.00, and a third conviction carries a mandatory jail sentence of at least 30 days, so don’t take this charge lightly! The punishment for shoplifting escalates even more when the value of the stolen merchandise is greater than $500; this becomes a felony punishable by one to ten years in prison.
Tennessee has similar provisions specific to shoplifting, encoded in T.C.A. § 39-14-146, “Conduct involving merchandise.” However, the penalties for multiple shoplifting offenses are a little different in Tennessee. A fifth or subsequent shoplifting conviction within a two-year period in Tennessee is punishable as a classification one higher than is authorized by the amount of theft (i.e., when the amount of theft is a Class A misdemeanor, the crime may be punished as a Class E Felony) and a fine of $300 or more. There’s another interesting provision in Tennessee’s laws regarding shoplifting. If the employee of a retailer is found stealing merchandise from their employer, the district attorney general prosecuting the theft offense can choose to hold the employee civilly rather than criminally responsible in Tennessee. The employee will have to return the stolen merchandise and pay their employer multiple times the value of the item. For many employees, this is better than having a criminal record, and for many employers, this is better than having to fire an employee. However, this civil remedy is only available when the value of the stolen merchandise does not exceed $500.
Although a misdemeanor theft charge may not seem serious, it can have serious consequences. From losing your job, to being placed on probation, to court costs that can swallow your paycheck whole, a theft conviction can disrupt your life greatly. You need a criminal defense attorney who will fight to protect your rights and give you peace of mind when you’ve been charged with misdemeanor theft!
Felony Theft
Theft charges can very quickly escalate to a felony. The simplest way for this to happen is for the dollar value of the property or services stolen to exceed $1,000 in Tennessee or $1,500 in Georgia. See the tables below for a guide to the gradings of felony theft by dollar amount in Tennessee and Georgia.
| Amount of Theft | Georgia Penalties
(see penalties for theft, O.C.G.A. § 16-8-12) |
| $25,000 or more | 2 to 10 years incarceration |
| $5,000 to $24,999.99 | 1 to 10 years incarceration
(may be sentenced as a misdemeanor at judge’s discretion) |
| $1,500.01 to $4,999.99 | 1 to 5 years incarceration
(may be sentenced as a misdemeanor at judge’s discretion) |
| Amount of Theft | Tennessee Penalties
(see sentence ranges, T.C.A. § 4–35-112) |
| $250,000 or more | Class A Felony – 15 to 60 years incarceration |
| $60,000 to $249,999.99 | Class B Felony – 8 to 30 years incarceration |
| $10,000 to $59,999.99 | Class C Felony – 3 to 15 years incarceration |
| $2,500 to $9,999.99 | Class D Felony – 2 to 12 years incarceration |
| $1,000 to $2,499.99 | Class E Felony – 1 to 6 years incarceration |
There’s some other circumstances under which theft can escalate to a felony. If the defendant has stolen on multiple occasions or from multiple victims, the state of Tennessee can prosecute the theft as one count (a.k.a. one charge) if the theft arose from a common scheme, purpose, intent, or enterprise. So, if the cumulative amount of theft arising from one scheme exceeds $10,000, even if the individual items stolen are valued at less than that, the crime would still be a Class C felony. Another way theft can become a felony is if the stolen item was a firearm or mail. Theft of firearms is taken seriously due to the dangerous nature of firearms, as well as law enforcement’s interest in keeping a record of who is in possession of which firearms. Theft of mail, furthermore, has serious implications on citizens’ right to privacy. While a first conviction for theft of mail can be punished as a misdemeanor in Tennessee, any subsequent convictions are punished as felonies. Meanwhile, in Georgia, a conviction for theft by possession of stolen mail will always be a felony; however, the trial judge may choose to punish the crime as a misdemeanor.
Mail theft is not the only crime in Georgia with special provisions for punishment. A provision in Georgia law gives trial judges the discretion to punish certain felony thefts as a misdemeanor. So, even though theft of $5,000 is a felony in Georgia, the defendant may be sentenced to less than a year in prison if the trial judge finds this sentence appropriate.
Not all theft is ruled as a felony in the state of Tennessee; however, theft over $1,000 is ruled as a felony.
TCA § 39-14-105
(a) Theft of property or services is:
(1) A Class A misdemeanor if the value of the property or services obtained is one thousand dollars ($1,000) or less;
(2) A Class E felony if the value of the property or services obtained is more than one thousand dollars ($1,000) but less than two thousand five hundred dollars ($2,500);
(3) A Class D felony if the value of the property or services obtained is two thousand five hundred dollars ($2,500) or more but less than ten thousand dollars ($10,000);
Theft Over 10,000 in Tennessee
(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);
(5) A Class B felony if the value of the property or services obtained is sixty thousand dollars ($60,000) or more but less than two hundred fifty thousand dollars ($250,000); and
(6) A Class A felony if the value of the property or services obtained is two hundred fifty thousand dollars ($250,000) or more.
(b)(1) In a prosecution for theft of property, theft of services, and any offense for which the punishment is determined pursuant to this section, the state may charge multiple criminal acts committed against one (1) or more victims as a single count if the criminal acts arise from a common scheme, purpose, intent or enterprise.
(2) The monetary value of property from multiple criminal acts which are charged in a single count of theft of property shall be aggregated to establish value under this section.
(c) Venue in a prosecution for any offense punishable pursuant to this section shall be in the county where one (1) or more elements of the offense occurred, or in the county where an act of solicitation, inducement, offer, acceptance, delivery, storage, or financial transaction occurred involving the property, service or article of the victim.
What Happens When You Get Charged With Theft?
The state of Tennessee also provides an outline of how the severity of that charge impacts the sentence you might be facing:
TCA §40-35-111 (e) (1)
A Class A Misdemeanor carries a sentence of up to 11 months and 29 days, or a fine of up to $2,500, or both, unless otherwise stated in the statute.
TCA §40-35-111 (b) (5)
A Class E Felony carries a sentence of between 1 to 6 years, or a fine of up to $3,000, or both, unless otherwise stated in the statute.
TCA §40-35-111 (b) (4)
A Class D Felony carries a sentence of between 2 to 12 years, or a fine of up to $5,000, or both, unless otherwise stated in the statute.
TCA §40-35-111 (b) (3)
A Class C Felony carries a sentence of between 3 to 15 years, or a fine of up to $10,000, or both, unless otherwise stated in the statute.
TCA §40-35-111 (b) (2)
A Class B Felony carries a sentence of between 8 to 30 years, or a fine of up to $25,000, or both, unless otherwise stated in the statute.
TCA §40-35-111 (b) (1)
A Class A Felony carries a sentence of between 15 to 60 years, or a fine of up to $50,000, or both, unless otherwise stated in the statute.
White Collar Crime
Of course, we can’t talk about theft without talking about white collar crime. White collar crime doesn’t necessarily have to be theft, but many white collar crime cases involve theft. White collar crime encompasses non-violent, financially-motivated crimes committed by individuals (typically, these individuals are in positions of authority), businesses, and government entities. White collar crime can be very abstract, such as theft of intellectual property, which is the stealing of another’s ideas, inventions, or creative expressions. The term “white collar crime” is also used to describe crimes such as money laundering and fraud.
White collar crime is taken very seriously due to the position of authority or trust held by its perpetrators. The state of Georgia, in O.C.G.A. §16-8-12(a)(3), provides specifically for the punishment of property taken in breach of a fiduciary obligation, or by an officer/employee of a government or financial institution. Theft committed from these positions is punishable by no less than 1 but no more than 15 years imprisonment, regardless of the amount of theft. Tennessee approaches punishing white collar crime by authorizing the trial court to enhance a defendant’s sentence when “the defendant abused a position of public or private trust, or used a professional license in a manner that significantly facilitated the commission or the fulfillment of the offense” (T.C.A. §40-35-114(14)).
What Is the Difference Between Carjacking and Joyriding?
Carjacking
TN Code § 39-13-404:
(a) “Carjacking” is the intentional or knowing taking of a motor vehicle from the possession of another by use of:
- A deadly weapon; or
- Force or intimidation.
(b) Carjacking is a Class B felony.
The most obvious difference between robbery/theft and carjacking/joyriding is whether or not it was a vehicle that was taken. You can also see that “carjacking” differs from crimes like robbery and theft, in the sense that “carjacking” doesn’t require that the person taking the car is also intending to keep the car away from the owner. If the state can’t show that the person who took the care was trying to keep, sell, or otherwise deprive the owner of the car, then carjacking might be the charge they pursue.
Lawyer’s note:
“Oftentimes, carjacking is overcharged and actually fits the elements of Joy Riding. Although, Joyriding sounds like a great time. We can assure you, the state does not see it that way.”
Joyriding
Joyriding is another general term used to refer to different, albeit similar charges. It also is tailored specifically to the taking of a vehicle, but only requires proof that a vehicle was taken without the consent of the owner. You can think of joyriding as a “step below” carjacking, as it doesn’t require that a weapon, force, or intimidation be used during the taking. The more common joyriding charge is defined by the “Unauthorized Use” statute, and probably what most of us think of when we hear “joyriding”.
Unauthorized Use of an Automobile
TN Code § 39-14-106:
“A person commits a Class A misdemeanor who takes another’s automobile, airplane, motorcycle, bicycle, boat or other vehicle without the consent of the owner, and the person does not have the intent to deprive the owner thereof.”
This charge is used when the suspect does not have the intent to deprive the owner of the vehicle, as opposed to carjacking, which requires a forceful taking and doesn’t consider the intent of the defendant. It also refers to any taking of any vehicle and doesn’t require that any sort of method, weapon, or scale of force be used. The “Unauthorized Use” statute covers our more colloquial understanding of joyriding. But there are other “joyriding” laws that cover any instance in which you might be using a vehicle you don’t have permission to use. There is another joyriding statute that specifically describes instances when vehicles were rented fraudulently, or if the terms of returning a rental vehicle were broken.
Temporary Taking of Vehicle – Joyriding – Neglect to Return
TN Code § 55-5-104:
(a) Any person who, with intent to defraud the owner of any motor vehicle or a person in lawful possession of the motor vehicle, obtains possession of the vehicle from the owner, or the servant, agents, or employees of the owner, by agreeing in writing, to pay a rental for use of the vehicle based in whole or part on the distance the vehicle is driven, commits a Class E felony.
(b) Obtaining possession of the vehicle by means of trick, false or fraudulent misrepresentation, or false impersonation of another, or by giving a bad or worthless check as a deposit or in payment of the rental, in obtaining possession of the vehicle, shall be prima facie evidence of intent to defraud.
(c) Any person who, after hiring, leasing, or renting a motor vehicle under an agreement in writing, which provides for the return of the vehicle to a particular place, or at a particular time, abandons this vehicle, or refuses or willfully neglects to return the vehicle to the place and at the time specified in the agreement, or who secretes, converts, sells or attempts to sell the motor vehicle, or any part of the motor vehicle commits a Class E felony.
(d) The failure, or refusal, or neglect to return the vehicle within seventy-two (72) hours subsequent to the date or time specified in the written agreement shall be prima facie evidence of willful intent to violate this section; provided, that failure, refusal or neglect to return the vehicle within the seventy-two-hour period shall not be evidence of willful intent if the person provides written notification to the owner within the seventy-two-hour period of the person’s intention to return the vehicle and returns the vehicle within twenty-four (24) hours of the notification, or when agreed upon by the owner and the person, and if the person pays the fair rental value for the vehicle.
(e) A violation of this section is a Class E felony.
Even though this statue uses the word “joyriding”, this charge doesn’t apply to what we would typically think joyriding to be. This statue is narrowly tailored to those situations in which you either lied in order to obtain a rental vehicle or if you didn’t return the vehicle in time.
Lawyer’s note:
“We see joyriding charges most often when family members, significant others, or friends of the accused let them borrow their car and it is not returned in a timely fashion. The Court will often defer to the victim’s desires regarding final disposition in this scenario.”
Best & Brock’s criminal defense attorneys have years of experience navigating petty theft, felony theft, and white collar crime cases. Our dedication to fighting for our clients’ rights and futures empowers us to find the best possible resolution for your case. Don’t just take us at our word, though – check out our reviews to hear what previous clients have to say! When you need a criminal defense attorney, reach out to Best & Brock at (423) 829-1055 or by filling out our online contact form.