Memphis Theft Defense Lawyer 

Defending Against Theft Crime Charges in Shelby County, TN

If you or someone you love has been arrested for a theft crime, contact Francavilla Law Firm so that we can begin formulating a strong defense against your charges. The sooner you get in touch with us, the better, as valuable evidence tends to get lost over time. In addition, we can ensure that you do not say anything to law enforcement that could be used against you in court.

Non-violent acts of theft, or those which do not cause or threaten physical injury, are often referred to as white collar crimes, including fraud, embezzlement, and identity theft.

Have you been accused of a theft crime? Call Francavilla Law Firm today at (901) 979-9992 or contact us online to schedule a consultation with Memphis theft defense attorney Tim Francavilla.

Theft Charges in Tennessee

According to Tenn. Code. Ann. § 39-14-103, theft charges can result when a person knowingly obtains or exercises control over another person’s property without their permission, with the intent to deprive that owner of their property. In other words, an individual commits theft when he takes someone else’s property and does not intend to give it back.

In many cases, prosecutors in Shelby County will rely on documents, surveillance footage, or witness statements to try to prove that a person intended to deprive the owner of property. A Memphis Theft Attorney can review how the evidence was obtained, whether law enforcement followed proper procedures, and whether your constitutional rights were respected at each stage of the investigation. We can also explain how prior convictions, restitution, and cooperation with the court might affect the way your case is handled in the local criminal justice system.

Types of Theft Crimes

The term “theft” is used to describe a wide variety of offenses that involve taking another’s property without permission, including:

• Petty larceny
• Grand larceny
• Shoplifting
• Bribery
• Writing bad checks
• Burglary
• Carjacking/auto theft
• Robbery/aggravated robbery
• Forgery
• Embezzlement
• Extortion
• Identity theft
• Counterfeiting
• Financial fraud
• Insider trading
• Money laundering

Although these offenses all fall under the broad category of theft, each one has specific legal elements that the state must prove and potential defenses that may apply. For example, shoplifting from a retail store at Wolfchase Galleria is treated differently than a complex embezzlement allegation involving a Memphis business’s accounts. A Memphis Theft Lawyer can help you understand the precise charge you are facing, what the prosecution must show in court, and whether issues such as lack of intent, consent from the owner, or mistaken identity may be raised in your favor.

Common Defenses to Theft and Larceny Charges

When you are accused of theft or larceny, it is natural to feel as though the situation is already decided against you, but there are often defenses that can be raised depending on the facts. Our firm carefully reviews police reports, witness statements, and any video or digital evidence to identify weaknesses in the state’s case. In Memphis courts, including the Shelby County Criminal Court and General Sessions Court, we may challenge whether the prosecution can prove key elements such as intent to permanently deprive, ownership of the property, or the value assigned to the items involved. By taking a close look at how the investigation was handled and whether your rights were respected, we work to present the strongest possible arguments on your behalf.

Sometimes, defenses are based on misunderstandings or disputes that are more civil in nature than criminal, such as disagreements over borrowed property, business dealings, or family finances. In other situations, we may raise issues such as mistaken identity, unreliable identification procedures, or coercive statements taken during questioning. A theft attorney can also explore whether diversion programs, restitution agreements, or reduced charges might be available in your case, especially if you have little or no prior criminal history. Our goal is to help you evaluate the risks and benefits of options like negotiation, pretrial motions, and trial so that you can choose a path that fits your circumstances and priorities.

Is Theft a Felony or a Misdemeanor in Tennessee?

Theft can be charged as either a misdemeanor or a felony, depending on the value of the property stolen. If, during the commission of the crime, there was the presence of violence, the threat of violence, or the use of a weapon, theft can be classified as a violent crime.

Theft crime classifications and penalties include:

• Class A misdemeanor – when the stolen property is worth $1,000 or less, it is punishable by a maximum fine of $2,500 and up to 11 months and 29 days in jail
• Class E felony – when the stolen property is worth between $1,000 to $2,500, it is punishable by a maximum fine of $3,000 and 1 to 6 years in prison
• Class D felony – when the stolen property is worth between $2,500 to $10,000, it is punishable by a maximum fine of $5,000 and 2 to 12 years in prison
• Class C felony – when the stolen property is worth between $10,000 and $60,000, it is punishable by a maximum fine of $10,000 and 3 to 15 years in prison
• Class B felony – when the stolen property is worth between $60,000 and $250,000, it is punishable by a maximum fine of $25,000 and 8 to 30 years in prison

Beyond fines and potential jail or prison time, a theft conviction can affect many areas of your life, including employment, housing, and professional licensing. Judges in courts such as the Shelby County Criminal Court or General Sessions Court will consider your prior record, the circumstances of the offense, and any restitution when deciding on a sentence. A larceny lawyer can help you address concerns like eligibility for diversion, the possibility of negotiating reduced charges, and the long-term impact of a conviction on your criminal record so that you can make informed choices about how to move forward.

Contact Our Theft Crime Attorney in Memphis Today

Memphis theft defense attorney Tim Francavilla at Francavilla Law Firm can carefully investigate your case to determine how to build the most effective defense plan. Whether you wish to negotiate a plea bargain or want to fight your charges at trial, we are dedicated to helping you achieve your goals.

When you meet with us, we will take the time to listen to your side of the story, explain how theft laws apply to your situation, and outline the options that may be available in Memphis and surrounding communities. A larceny attorney Memphis defendants can turn to should be prepared to review police reports, evaluate the strength of the prosecution’s case, and discuss realistic outcomes so that you can decide whether to seek a plea agreement or proceed to a hearing or trial.

Contact Francavilla Law Firm online or call (901) 979-9992 today to get started on your defense with our Memphis theft defense lawyer.