Shoplifting Attorney in Nashville

Arrested for Shoplifting? Schedule Your Free Consultation Now

At Law Office of Lucas B. Willoughby, we understand the urgency and pressure you face when charged with shoplifting in Nashville. Our dedicated shoplifting criminal defense team is here to navigate you through these challenging times with comprehensive, personalized services. Rest assured, we are committed to defending your rights and striving towards the most favorable outcomes.

Shoplifting charges, regardless of severity, can significantly impact your personal and professional life. The stigma associated with these charges can lead to job loss, a tarnished reputation, and strained relationships. Recognizing these potential consequences highlights the importance of a well-strategized criminal defense that aims not only to mitigate legal repercussions but also to protect your future prospects.

Speak with a trusted shoplifting attorney in Nashville today. We’re available 24/7, offer free consultations, and provide affordable defense. Call (615) 745-3434 or reach out online.

Understanding Shoplifting Laws in Tennessee

In Tennessee, the act commonly referred to as shoplifting falls under the state's general theft of property statute, Tennessee Code Annotated § 39-14-103. This statute defines the crime of theft as a person, with the intent to deprive the owner of property, knowingly obtaining or exercising control over the property without the owner's effective consent. For a shoplifting charge, the "owner" is the retail store and its employees, and the "property" is the merchandise.

Key Elements the Prosecution Must Prove

To convict you of theft of property, the prosecution must prove each of the following elements beyond a reasonable doubt:

• Intent to Deprive: This is the most crucial element and often the most challenging for the prosecution to prove. It means the state must show that you intended to permanently or for a prolonged period take the item from the store without paying.
• Knowingly Obtaining or Exercising Control: The prosecution must demonstrate that you were aware you were taking the item. This can be proven through surveillance video showing you concealing an item, witness testimony from loss prevention, or other evidence.
• Without the Owner's Effective Consent: This means you did not have permission from the store to take the item.

The prosecutor's case often hinges on circumstantial evidence and the testimony of store security or other witnesses. An experienced Nashville shoplifting lawyer will scrutinize this evidence, looking for any weaknesses or inconsistencies that can be used to cast doubt on the state's case. We understand that a simple mistake or misunderstanding can be misconstrued as intent to steal, and we are prepared to challenge that assumption.

Classifications of the Offense

The severity of a theft of property charge in Tennessee is determined by the monetary value of the stolen goods. The offense can be classified as either a misdemeanor or a felony, with the penalties increasing significantly with the value of the property.

• Class A Misdemeanor: The value of the property is $1,000 or less.
• Class E Felony: The value of the property is more than $1,000 but less than $2,500.
• Class D Felony: The value of the property is more than $2,500 but less than $10,000.
• Class C Felony: The value of the property is more than $10,000 but less than $60,000.
• Class B Felony: The value of the property is more than $60,000 but less than $250,000.
• Class A Felony: The value of the property is $250,000 or more.

It is also important to note that if you have prior convictions for theft, a new shoplifting charge could be elevated to a higher classification, even if the value of the property is low. This is a vital consideration that a skilled Shoplifting Attorney in Nashville will discuss with you during our initial consultation.

Penalties of Shoplifting Convictions in Tennessee

A conviction for shoplifting in Tennessee carries both direct criminal penalties and a host of long-term collateral consequences that can significantly alter the course of your life. Our firm, the Law Office of Lucas B. Willoughby, is not just focused on the immediate legal battle; we are also committed to protecting your future from the negative impacts of a criminal record. Our experience as a Nashville shoplifting lawyer allows us to anticipate these consequences and work to prevent them.

The direct penalties for a shoplifting conviction depend on the offense's classification:

• Class A Misdemeanor: A fine of up to $2,500 and a potential jail sentence of up to 11 months and 29 days.
• Class E Felony: A fine of up to $3,000 and a prison sentence of one to six years.
• Class D Felony: A fine of up to $5,000 and a prison sentence of two to twelve years.
• Class C Felony: A fine of up to $10,000 and a prison sentence of three to fifteen years.
• Class B Felony: A fine of up to $25,000 and a prison sentence of eight to thirty years.
• Class A Felony: A fine of up to $50,000 and a prison sentence of fifteen to sixty years.

In addition to these fines and potential incarceration, a conviction may also require you to pay restitution to the store and complete a period of probation. The costs can quickly become staggering, both financially and personally. This is why it is so important to have a strong Shoplifting Attorney in Nashville on your side from the very beginning.

A shoplifting conviction carries severe and lasting consequences beyond direct penalties. It creates a criminal record that can be a major barrier to employment, professional licenses, and housing. It also impacts educational opportunities and, for non-citizens, can have serious immigration consequences, including deportation. A felony conviction results in the loss of firearms rights and brings a significant social stigma, affecting your reputation and relationships.

Our Comprehensive Approach to Shoplifting Defense

A successful defense against a shoplifting charge requires more than just showing up in court. It requires a deep understanding of the law, a meticulous attention to detail, and a willingness to fight for your rights at every stage. We are a proactive Nashville shoplifting lawyer, and our approach is designed to provide you with the best possible defense.

Depending on the specifics of your case, we will build a defense strategy based on the most effective legal arguments:

• Lack of Intent: This is a powerful defense. We can argue that you simply forgot to pay for the item, were distracted by your phone or children, or were under the mistaken belief that you had already paid for it.
• Mistaken Identity: In some cases, store security may have mistakenly identified you as the perpetrator. We can present alibi evidence or challenge the credibility of the witnesses who identified you.
• Illegal Detention or Search: If loss prevention personnel or police officers detained you or searched you illegally, we can argue that any evidence obtained as a result should be suppressed.
• Insufficient Evidence: We can challenge the prosecution's evidence, arguing that it does not prove your guilt beyond a reasonable doubt. For example, if the surveillance footage is unclear, or if a witness's testimony is inconsistent, we can use this to create reasonable doubt.

Our Process for Effective Legal Representation

Our approach integrates a thorough analysis of each aspect of your case, from the initial charging documents to the finer details of store policies and surveillance footage. Understanding these elements allows us to challenge the prosecution's narrative, bringing to light any discrepancies or procedural errors that may work in your favor. Furthermore, we believe in the potential of pre-trial negotiations, often lobbying for reduced charges or alternative resolutions that benefit our clients outside the courtroom.

When you choose the Law Office of Lucas B. Willoughby, here's what you can expect:

• Initial Consultation: We begin with a thorough discussion to understand your case and outline potential strategies.
• Evidence Collection: Our team meticulously reviews all evidence to identify strengths and weaknesses in the prosecution's case.
• Legal Strategy Development: We tailor a defense plan specifically to your needs, prioritizing your rights and best interests.
• Consistent Communication: Through each step, we keep you fully informed and involved in decision-making processes.
• Aggressive Advocacy: Whether negotiating a plea or representing you in court, our focus is on achieving a positive resolution.

Why Choose Our Shoplifting Defense Services?

• Personalized Attention: We tailor strategies to fit the unique circumstances of your case, providing you with the specialized defense you deserve.
• 24/7 Access: Our shoplifting criminal lawyers are available around the clock, ensuring you can get the support you need when you need it most.
• Transparent & Affordable: We offer clear communication on costs and processes, easing financial concerns.
• Proven Experience: With thousands of cases handled, our experience in Nashville courts is unparalleled.

Take the Next Step with Confidence

Confronting a shoplifting charge can feel overwhelming, but you don't have to face it alone. At Law Office of Lucas B. Willoughby, we are here to provide you with unwavering support and strategic defense tailored to your unique situation.

Our commitment to compassionate, non-judgmental service ensures you receive not just a legal representative, but a partner throughout your legal journey. Reach out today and take the first step towards resolving your case confidently and efficiently.

By contacting us online or calling at (615) 745-3434, you're choosing a team that's dedicated to protecting your rights and helping you find the clarity and peace of mind you need moving forward.

FAQs About Shoplifting Charges in Nashville

What Should I Do if Accused of Shoplifting in Nashville?

If you’re accused of shoplifting, the first step is to stay calm and avoid making any statements without legal representation. Contact our office immediately at (615) 745-3434. Our legal team will step in quickly to protect your rights, assess the facts of the case, and begin building a defense strategy tailored to your circumstances. We'll take over communication with law enforcement and store personnel to prevent any missteps that could hurt your case. From the outset, we examine every detail—such as the value of the merchandise and store procedures—to identify legal and factual defenses that can strengthen your position.

What Should I Expect During the Initial Consultation?

During your initial consultation, we’ll ask questions about the alleged incident, discuss the possible legal options, and explain how Tennessee law applies to your situation. This conversation is your opportunity to ask questions and begin forming a legal strategy with our team. We’ll also go over what the next steps look like so you can feel more confident about the road ahead. Expect a clear, compassionate conversation that puts your needs and concerns at the forefront.

Is It Still Shoplifting If I Didn't Leave the Store?

Yes, under Tennessee law, intent to deprive a store of merchandise can be enough to support a shoplifting charge—even if you haven’t exited the premises. This includes actions like concealing items or tampering with price tags. We often defend clients in cases where intent was misinterpreted, and we work to prove that your actions did not amount to criminal conduct.