Theft | The Evans Law Firm
Tennessee Criminal Defense
Knox, Jefferson, Sevier, Blount, Loudon, and other counties in East TN.
As your attorneys, our goal is to protect
your record, your rights, and your future.
Knoxville Theft and Shoplifting Defense Attorney
A Theft Charge Does Not Define Who You Are
Being accused of theft can be one of the most stressful and embarrassing experiences a person faces. Whether the allegation involves shoplifting, employee theft, receiving stolen property, or another theft-related offense, the consequences can follow you long after the case is over.
For many people, a theft charge comes completely out of character. Sometimes it results from a misunderstanding. Sometimes it stems from a difficult period in life, financial stress, poor judgment, or a mistake that quickly spiraled into a criminal charge. In other cases, the accusation is simply wrong.
No matter how the allegation arose, it is important to remember one thing:
Being charged is not the same as being convicted.
At The Evans Law Firm, we represent individuals charged with theft and shoplifting offenses throughout Knoxville and East Tennessee. We understand what is at stake and work aggressively to protect our clients' records, reputations, and futures.
If you have been charged with theft, contact our office today for a confidential consultation.
Understanding Theft Charges in Tennessee
Tennessee law defines theft broadly. A person may be charged with theft when prosecutors allege that they knowingly obtained or exercised control over property without the owner's effective consent and intended to deprive the owner of that property.
Theft charges can arise from many different situations, including:
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Shoplifting
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Employee theft allegations
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Retail theft
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Receiving stolen property
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Theft between family members
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Property disputes
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Auto theft allegations
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Theft involving businesses
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Theft by deception
Many theft cases are not as straightforward as they first appear. Questions about ownership, intent, consent, and value often become critical issues in the case.
Misdemeanor Theft in Tennessee
Generally speaking, theft involving property valued under a certain amount may be charged as a misdemeanor offense.
Many misdemeanor theft cases involve:
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Shoplifting from retail stores
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Alleged failure to scan items at self-checkout
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Employee theft accusations
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Property disputes
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Misunderstandings involving borrowed property
For first-time offenders, the primary goal is often avoiding a permanent criminal record.
A misdemeanor theft conviction can still create serious problems involving employment, housing, professional licensing, and educational opportunities.
Because of those consequences, even seemingly minor theft charges deserve careful attention.
Shoplifting Charges
Shoplifting is one of the most common theft offenses prosecuted in Tennessee.
These allegations may involve:
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Concealing merchandise
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Switching price tags
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Failing to pay for merchandise
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Self-checkout mistakes
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Removing anti-theft devices
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Leaving a store without paying
Retail stores often rely on:
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Surveillance footage
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Store security personnel
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Loss prevention officers
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Receipts
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Witness statements
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Inventory records
However, store employees and security personnel can make mistakes.
A misunderstanding at a self-checkout kiosk or an innocent oversight can quickly turn into a criminal allegation.
Our firm carefully reviews all available evidence to determine whether the facts actually support the charge.
Employee Theft Allegations
Employee theft cases often involve allegations that an employee took money, merchandise, equipment, or other property from an employer.
These cases can be particularly stressful because they may affect:
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Current employment
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Future employment opportunities
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Professional licenses
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Personal reputation
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Employer references
In many situations, employers conduct internal investigations before involving law enforcement.
The conclusions reached by an employer are not always accurate.
We carefully examine financial records, inventory records, surveillance footage, and witness statements to determine whether the evidence supports the accusation.
Felony Theft Charges
As the value of the property increases, theft charges can become significantly more serious.
Felony theft allegations may expose a person to:
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Prison time
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Lengthy probation
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Substantial fines
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Restitution obligations
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Loss of civil rights
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Permanent felony record
The difference between a misdemeanor and a felony conviction can have lifelong consequences.
That is why it is critical to challenge the government's evidence and the alleged value of the property whenever appropriate.
Consequences of a Theft Conviction
Many people assume a theft conviction only results in a fine.
Unfortunately, the consequences often extend much further.
A theft conviction may affect your:
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Employment opportunities
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Professional licenses
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Housing applications
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College admissions
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Scholarship opportunities
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Military service
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Immigration status
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Financial aid eligibility
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Personal reputation
Because theft offenses involve allegations of dishonesty, many employers view them particularly negatively during background checks.
Protecting your record is often one of the most important goals in a theft case.
Why Intent Matters
One of the most important issues in many theft cases is intent.
The government must generally prove more than simple possession of property.
Prosecutors often must establish that the accused intended to deprive the owner of the property.
Examples of situations where intent may be disputed include:
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Accidental failure to pay
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Self-checkout mistakes
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Ownership misunderstandings
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Borrowed property disputes
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Miscommunication between parties
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Mistaken assumptions about permission
The difference between a criminal act and an innocent mistake can become a central issue in the defense.
Common Defenses to Theft Charges
Every theft case is different, but several defenses frequently arise.
Lack of Intent
A person who accidentally leaves a store with merchandise or mistakenly believes they have permission to possess property may not have the criminal intent required for a conviction.
Mistaken Identity
Stores and businesses sometimes accuse the wrong person.
Poor surveillance footage, unreliable witness observations, and rushed investigations can lead to mistakes.
Ownership Disputes
Not every property dispute is a crime.
In some cases, both parties believe they have a legitimate claim to the property involved.
Lack of Evidence
The prosecution must prove every element of the offense beyond a reasonable doubt.
If evidence is incomplete, contradictory, or unreliable, the case may be vulnerable to challenge.
Illegal Search or Seizure
If law enforcement obtained evidence through unconstitutional means, certain evidence may be excluded from court.
False Allegations
Unfortunately, false accusations happen.
Personal disputes, workplace conflicts, family disagreements, and relationship issues can sometimes lead to theft allegations that are not supported by the facts.
Diversion Programs and First-Time Offenders
For many first-time offenders, one of the most important goals is avoiding a permanent criminal record.
Depending on the circumstances, alternatives may be available, including:
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Judicial diversion
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Pretrial diversion
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Dismissal agreements
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Restitution-based resolutions
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Alternative sentencing programs
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Educational programs
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Probationary resolutions
These options are highly fact-dependent, but they can be life-changing when available.
The earlier an attorney becomes involved, the better the opportunity to pursue these alternatives.
Theft Charges and Juvenile Offenders
Young people frequently face theft allegations involving:
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Retail stores
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School property
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Electronic devices
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Vehicles
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Online purchases
A theft charge during adolescence should not define a young person's future.
In many cases, special procedures and alternative resolutions may be available to protect educational and career opportunities.
What Happens After a Theft Arrest?
The criminal process generally includes:
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Arrest or citation
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Booking
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Bond or release
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Court appearances
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Discovery review
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Negotiations
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Motions
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Potential trial
Every decision made during the process can affect the final outcome.
Speaking with an attorney early often provides the greatest opportunity to protect your rights and your future.
Theft and Shoplifting Defense in Knoxville and East Tennessee
The Evans Law Firm represents clients charged with theft-related offenses throughout East Tennessee, including:
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Knox County
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Blount County
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Anderson County
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Loudon County
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Sevier County
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Roane County
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Jefferson County
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Union County
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Surrounding East Tennessee communities
Local experience matters. Different courts, prosecutors, and diversion programs may affect how a theft case is resolved.
Our firm understands the local process and works to achieve the best possible outcome for every client.
Why Choose The Evans Law Firm?
When facing theft allegations, you need more than someone who simply appears in court.
You need an attorney who will:
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Investigate the facts
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Review surveillance footage
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Challenge weak evidence
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Protect your record
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Explore diversion opportunities
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Negotiate aggressively
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Prepare for trial when necessary
We understand that a theft charge does not define who you are.
Our goal is to help you move forward while protecting your future.
Frequently Asked Questions
Can a shoplifting charge be dismissed?
Yes. Depending on the evidence and circumstances, theft and shoplifting charges may be dismissed, diverted, or reduced.
Will a theft conviction stay on my record?
A conviction can have long-term consequences. However, some cases may qualify for diversion or later expungement.
What if I accidentally failed to pay for an item?
Intent is a critical element of theft offenses. Accidental conduct may create a strong defense depending on the facts.
Can first-time offenders avoid a criminal record?
In many cases, diversion programs or alternative resolutions may be available.
Should I talk to store security or police?
You should speak with an attorney before making statements regarding a theft investigation.
What if the store has me on camera?
Video evidence is important, but it does not automatically prove guilt. Surveillance footage should be reviewed carefully in context.
Contact The Evans Law Firm Today
A theft or shoplifting charge can feel overwhelming, but it does not have to determine your future.
Whether you are facing a first-time shoplifting allegation or a more serious theft offense, The Evans Law Firm is prepared to help.
We will review the evidence, explain your options, and fight for the best possible outcome.
Contact The Evans Law Firm today for a confidential consultation.
