Larceny in Tennessee: Elements, Charges, and Defenses
The Law Offices of Adrian H. Altshuler & Associates has 35 years of criminal defense experience. In this guide, we explain larceny elements and charges, and how a lawyer could defend you if you have been arrested for this crime.
What is the legal definition of larceny in Tennessee?
The definition of larceny in Tennessee is knowingly obtaining or exercising control over another person’s property without the owner’s effective consent and with the intent to deprive that person of said property. Tennessee law addresses conduct commonly called larceny under its theft statutes.
Under Tennessee law (Tenn. Code Ann. § 39-14-105), the exact larceny charges you may face will depend on the value of the property you allegedly stole. They are classified as follows:
- Misdemeanor theft in Tennessee
○ Class A misdemeanor theft – Theft of property or services in the amount of $1,000 or less.
- Felony theft in Tennessee
○ Class E felony – Theft of property or services valued at more than $1,000 but less than $2,500.
○ Class D felony – Theft of property or services valued at $2,500 or more but less than $10,000.
○ Class C felony – Theft of property or services valued at $10,000 or more but less than $60,000.
○ Class B felony – Theft of property or services valued at $60,000 or more but less than $250,000.
○ Class A felony – Theft of property or services valued at $250,000 or more.
Note that the theft of any firearm in Tennessee is an automatic felony. Larceny of a firearm valued at less than $2,500 starts at a Class E felony, and charges may increase if the value of the gun is higher. Theft of a firearm also carries at least 180 days of confinement in addition to any other penalty.
Penalties for a larceny conviction
As the level of larceny charges increases, so do the penalties. These are the potential punishments (unless otherwise provided by state statute):
- Class A misdemeanor – Fines of up to $2,500, up to 11 months and 29 days in jail, or both.
- Class E felony – No less than one year, but no more than six years in prison. A fine of up to $3,000 may also be imposed.
- Class D felony – No less than two years, but no more than 12 years in prison. A fine of up to $5,000 may also be imposed.
- Class C felony – No less than three years, but no more than 15 years in prison. A fine of up to $10,000 may also be imposed.
- Class B felony – No less than eight years, but no more than 30 years in prison. A fine of up to $25,000 may also be imposed.
- Class A felony – No less than 15 years, but no more than 60 years in prison. A fine of up to $50,000 may also be imposed.
As you can see, these penalties are no joke. A conviction could take away your freedom and severely affect your finances. If you have been arrested and charged, you should reach out to a larceny attorney in Tennessee to learn more about how you can protect your rights and mount a defense.
What are the elements of larceny?
To prove theft of property, the state generally must show:
- Taking – You knowingly obtained or exercised control over someone else’s property without the owner’s effective consent.
- Intent – This involves proving that you intended to deprive the owner of the property.
- Property of another – The state must show that the property in question did, in fact, belong to someone else.
Larceny vs. burglary vs. aggravated robbery
Larceny is a theft that, by itself, does not require the use of violence, a weapon, or illegal entry onto private property. When these factors are involved in a theft, the charges can escalate.
One form of burglary is entering a building other than a habitation, or a portion of the building not open to the public, without the property owner’s effective consent and with the intent to commit a felony, theft, or assault. Aggravated burglary is burglary of a habitation, sometimes described colloquially as a home invasion.
Aggravated robbery is robbery accomplished with a deadly weapon or by displaying an article used or fashioned to lead the victim reasonably to believe it is a deadly weapon, or robbery in which the victim suffers serious bodily injury
How can you defend against larceny charges?
An attorney can help you defend against larceny charges by showing that the elements have not been met.
For example, a lawyer may be able to show you lacked intent if you can prove you took the property by mistake or intended to return it without substantially diminishing its value or enjoyment to the owner. Or, maybe you truly thought you had the property owner’s consent to take an item or service, and you did not know you had even committed a theft. Another defense may be that you had the legal right to take the property in question, and you can prove you are the property’s actual owner. Or, it could be that you were in no way involved in the situation, and your lawyer can demonstrate this with a solid alibi.
Every case is unique, so the best strategy for your defense will depend on the facts surrounding the charges against you. Your lawyer will work with you to develop and build out your case.
What should you do after an arrest for larceny?
If you have been arrested and charged with larceny in Tennessee, do not panic. Take advantage of your legal rights to remain silent and have a lawyer present for questioning. If you have already spoken with law enforcement without an attorney, it does not mean your case is lost, but do not do it again. Contact a criminal defense law firm for help immediately.
Call the Law Offices of Adrian H. Altshuler & Associates
Thousands of dollars. Years, or even decades, of your life. That is what could be at risk with a larceny conviction. You should not face this type of charge without a solid defense. The team at the Law Offices of Adrian H. Altshuler & Associates can aggressively represent you.
We offer free initial consultations, so it costs you nothing to call us and learn more about our services. We have offices in Franklin, Columbia, and Brentwood. We are available 24 hours a day, seven days a week. Contact us now.