How Much Theft Becomes a Felony in Tennessee?

Home > Theft Crimes > How Much Theft Becomes a Felony in Tennessee?

by | Jan 11, 2024

The value of the property is often the dividing line between a misdemeanor theft case and a felony theft case in Tennessee. That sounds simple until a receipt is missing, merchandise is damaged, several items are grouped together, or the accused person disagrees with the number used in the report.

A theft charge should not be judged from the label alone. The value allegation needs to be traced to an actual source.

Tennessee grades theft by value

Tennessee’s theft-grading statute, Tennessee Code § 39-14-105, sets out value ranges for theft offenses. Property valued at $1,000 or less is generally treated as misdemeanor-level theft, while higher values can move the allegation into felony classifications.

That does not mean every value listed by a store, officer, or complaining witness is automatically correct. The number still has to be supported.

Value disputes can come from ordinary facts

Retail price, used condition, replacement cost, damage, missing accessories, and partial recovery can all affect how a number is viewed. A phone, tool, trailer, or piece of equipment may have one value in a report and another value when receipts or market records are reviewed.

When several items are listed together, the review should identify whether they came from one incident, multiple incidents, or separate alleged victims.

The theft definition remains separate from grading

The basic theft-of-property statute, Tennessee Code § 39-14-103, focuses on knowingly obtaining or exercising control over property without effective consent and with intent to deprive the owner of it. Grading answers a different question: how serious the offense is treated based on value.

Both questions matter. A value argument does not replace a review of consent, ownership, intent, identity, or whether the accused person actually controlled the property.

Aggregation can change the conversation

A single alleged event may be valued one way, while multiple alleged acts may be grouped differently if the State claims a common plan or continuing course of conduct. That can make the file more complicated than one item and one price tag.

The defense should identify whether the charge rests on one incident or a combined value theory. The answer can affect how the evidence is organized.

Where to connect the broader theft-defense review

For the case-specific issue, Mochel Law’s theft defense page is the correct next resource. This discussion focuses only on the value question inside a theft case.

Value questions worth asking early

Who gave the property value?

A store employee, owner, officer, insurer, or repair record may give different numbers. The source of the valuation should be identified.

Was the item new, used, recovered, or damaged?

Condition can matter. The strongest review looks at the actual item and the documentation behind the amount.

Are several incidents being counted together?

If multiple dates or items are combined, the charging theory should be read carefully before assuming the total is correct.

Receipts are often better than memory

Value arguments are strongest when they are tied to documents. Receipts, invoices, repair estimates, resale listings, insurance materials, photographs, and recovery records may all help explain what the property was worth at the time alleged.

Memory can be unreliable, especially when the item is old, damaged, modified, or missing accessories. A value review should collect records before the number becomes fixed in everyone’s mind.

Civil demand letters are a separate concern

Retail theft cases may involve letters requesting payment outside the criminal court process. Those letters should be kept, but they should not be confused with the criminal charge. Paying or not paying a civil demand can have consequences that should be discussed before action is taken.

The court file, the store’s claim, and any civil recovery effort should be organized separately. Blending them together can make the situation harder to understand.

Repair records and replacement estimates can shift the valuation

Some theft files involve property that is recovered damaged, missing parts, or worth less than the replacement number first suggested. Repair invoices, insurance estimates, used-market listings, and photographs can help show a more precise value picture.

That information should be gathered before court when possible. It may not end the case, but it can make the value allegation more concrete and less dependent on memory.

A felony theft allegation often turns on paperwork as much as accusation. The value number should be tested before it becomes the center of the case.

TESTIMONIALS

“Best decision I made to hire Meredith.”
Meredith got both charges dismissed and I only have to take a class. Thanks so much Meredith! You are the best!
- Lorrie C.

“Meredith Saved My Life”

Well she got the case dismissed and record expunged before I was ever booked. Can’t get any favorable than that. Thank You Meredith.
- Former Client

“My outcome was far better than I could have imagined thanks to Meredith.”
When we met, she explained the legal system, the legal process and my rights. She was knowledgeable, sincere and caring in her approach.
- Jim