Theft is a serious crime in the state of Tennessee. In fact, a person arrested and convicted on a theft charge may be forced to spend time in jail and to pay fines for their alleged actions. While most readers of this criminal defense legal blog likely know that a theft involves taking another person's property, the action definition and requirements of a theft under Tennessee law may be unknown to them.
Different types of allegedly criminal conduct are penalized in different ways by Tennessee courts. Many factors can influence whether a person will walk away with a fine or a jail sentence for a criminal conviction. This post will focus on one type of alleged crime -- theft -- and the different factors that can augment the penalties that will attach after a conviction.
It can be fun for Tennessee residents to window shop through luxurious stores and to daydream about possessing expensive personal goods. While most people stop their fantasies at the showroom doors of their favorite shops, individuals who take items from retail vendors may face the serious crime of shoplifting. This post will offer a brief discussion of what shoplifting involves and how it fits into the greater context of larceny and theft.
In order for a Tennessee resident to successfully use one of the following defenses to a claim of theft, the facts of their particular criminal case must substantiate the validity of the propounded defense. Just as prosecutors must prove the elements of the legal charges they lodge against individuals, so too must criminal defendants support their criminal defense responses with evidence. This post will mention several of the defenses individuals may use to counteract their theft charges, but readers should understand that this post is not comprehensive and these defenses may not be applicable to every case.
Theft generally involves the taking of someone else's property without permission and with the intent of preventing the original owner of every getting the property back. In Tennessee, individuals are falsely accused of theft when they borrow items owned by others or fail to properly communicate with others about their intended uses of the others' goods. Theft charges can be very serious, though, and can be categorized into two general levels.
Every day Tennessee residents take and borrow items of property from their friends, family members and neighbors. It is not uncommon for a person to lend their property to another so that the other may use it for a particular purpose; in situations such as this the original owner of the property likely expects that the borrower will return the item of property when they are done using it.