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Memphis Theft Attorney
Theft Is a Crime of Moral Turpitude — Get Help Immediately
A theft charge in Memphis carries consequences that go well beyond the courtroom. Theft is classified as a crime of moral turpitude under Tennessee law — a designation that can affect your employment, professional licensing, college admissions, and immigration status. A conviction for what looks like a minor shoplifting case can follow you for years. Attorney Jason Balestrini handles theft charges at every level and knows what it takes to get them resolved without a conviction on your record.
Theft allegations in Memphis can arise from mistakes, misunderstandings, or false accusations. No matter the circumstances, these charges deserve serious legal attention from the start.
The prosecution has the burden of proving you committed each element of the offense beyond a reasonable doubt. That is a very high burden, and any reasonable doubt can result in an acquittal. Call Jason Balestrini at (901) 578-1515.
Your Attorney
Jason Balestrini — Memphis Theft Attorney
Attorney Jason Balestrini's practice is dedicated exclusively to criminal law in Shelby County. He handles theft charges at every level — from first-time shoplifting cases to serious felony theft — and knows how Memphis prosecutors approach these cases and what it takes to get them resolved favorably.
Theft charges carry consequences that go well beyond the courtroom. Because theft is classified as a crime of moral turpitude, a conviction can affect employment, professional licensing, college admissions, and more. Getting the charge dismissed, reduced, or resolved without a conviction isn't just about avoiding jail time — it's about protecting your future.
Learn more about Attorney Jason Balestrini →
Tennessee Law
What Theft Means Under Tennessee Law
Tennessee law states that "a person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent." Basically, you commit theft in Tennessee by unlawfully taking someone else's property while having no intent to give it back to its owner.
It should be noted that theft can happen in an instant. We often see cases where someone will conceal an item in their pocket and walk around for a while before checking out. Is this theft? Maybe not, depending on your intent. However, the loss prevention officer at that particular store will not wait very long before they detain you and call the police. It's up to the State to prove you intended to steal before you can be convicted of theft of property.
In Tennessee, theft offenses range from simple misdemeanors to serious felonies. A conviction for any of these degrees can lead to probation, prison sentences, fines, restitution, civil penalties, and a criminal record.
Theft Classifications
Theft Penalties by Value in Tennessee
As is the case in many states, Tennessee classifies theft offenses according to the value of the property or services involved. Note that Tennessee's $1,000 misdemeanor threshold is still relatively low compared to many other states.
| Value of Property | Classification | Penalties |
|---|
| $1,000 or less | Class A Misdemeanor | Up to 11 months 29 days in jail; fine up to $2,500 |
| $1,000 – $2,500 | Class E Felony | 1–6 years in prison; fine up to $3,000 |
| $2,500 – $10,000 | Class D Felony | 2–12 years in prison; fine up to $5,000 |
| $10,000 – $60,000 | Class C Felony | 3–15 years in prison; fine up to $10,000 |
| $60,000 or more | Class B Felony | 8–30 years in prison; fine up to $25,000 |
Any criminal conviction on your record — whether for theft or any other offense — will mean a harsher punishment at sentencing. Tennessee's guidelines mandate progressively harsher sentences for standard, multiple, persistent, and career offenders.
Shoplifting & Merchant's Restitution
What Happens With Retail Theft in Tennessee
When a person commits theft from a store in Tennessee, and the district attorney does not object, the store owner or seller of the merchandise can seek a civil penalty against the offender instead of pursuing criminal penalties. This situation occurs mostly in the context of shoplifting cases.
The amount of the civil penalty depends upon the condition of the stolen merchandise:
- If the merchandise is not recovered or is returned damaged, the offender will be responsible for paying the greater of either $100, or three times the amount of the damage — including its full retail value if the item is not recovered
- If the merchandise is recovered and still in sellable condition, the penalty is the greater of $100 or two times the retail price
Keep in mind that this civil penalty is not an option if the listed retail price of the stolen merchandise is more than $1,000. Also, some stores — like Walmart — do not participate in any form of merchant's restitution. When Walmart is the victim, they pursue criminal charges aggressively and do not offer civil alternatives.
Walmart has a dedicated loss prevention operation and a well-known policy of aggressive prosecution. If you were charged with theft at Walmart or another major retailer, do not assume this will be handled quietly. Call Jason Balestrini at (901) 578-1515.
Common Questions
Theft Charges in Memphis — What You Need to Know
What is a crime of moral turpitude and why does it matter?
Moral turpitude is a legal term that describes crimes involving dishonesty, fraud, or conduct contrary to accepted standards of justice and good morals. Theft is classified as a crime of moral turpitude in Tennessee. That classification has real consequences beyond the criminal penalties — it can disqualify you from certain jobs, professional licenses, government positions, college admissions, and financial aid programs. It can also affect immigration status for non-citizens. This is why even a misdemeanor theft charge deserves serious legal attention.
What is the difference between misdemeanor and felony theft in Tennessee?
In Tennessee, theft of property valued at $1,000 or less is a Class A Misdemeanor, punishable by up to 11 months and 29 days in jail. Theft of property valued above $1,000 becomes a felony — ranging from Class E (1–6 years) for amounts between $1,000 and $2,500, up to Class B Felony (8–30 years) for amounts of $60,000 or more. The value of the property at the time of the theft determines the classification.
I was caught shoplifting. What happens next?
It depends on where it happened and the value of the merchandise. Many shoplifting cases begin with detention by loss prevention, followed by a police report and either an arrest or a citation. Some stores — particularly Walmart — pursue criminal charges aggressively and do not offer civil alternatives. Others may seek merchant's restitution instead of criminal prosecution. Either way, you should contact an attorney before agreeing to anything or making any statements.
Can Walmart make me pay a civil penalty on top of criminal charges?
Walmart does not participate in merchant's restitution programs and pursues criminal charges in virtually every case. Other retailers may seek a civil penalty instead of criminal prosecution when the district attorney does not object, but Walmart is known for aggressive criminal prosecution. Do not assume a Walmart theft charge will be handled quietly or resolved with a payment.
What is merchant's restitution in Tennessee?
Tennessee law allows store owners to seek a civil penalty against a shoplifter instead of pursuing criminal prosecution, when the district attorney does not object. If the merchandise is not recovered or is returned damaged, the penalty is the greater of $100 or three times the retail value. If the merchandise is recovered in sellable condition, the penalty is the greater of $100 or twice the retail price. This option is not available when the stolen merchandise is valued at more than $1,000.
Can a theft charge be expunged in Tennessee?
It depends on the charge and the outcome. Misdemeanor theft convictions may be eligible for expungement after a waiting period, subject to Tennessee's expungement eligibility rules. Felony theft convictions generally cannot be expunged. Charges that were dismissed or resulted in a not guilty verdict are typically eligible for expungement. An attorney can review your specific case and advise you on whether expungement is available.
I didn't mean to steal — I just forgot to pay. Can that be a defense?
Intent is a required element of theft under Tennessee law. The state must prove that you knowingly obtained or exercised control over property with intent to deprive the owner of it. Forgetting to pay, an honest mistake, or a misunderstanding about ownership can all be raised as defenses. The burden is on the prosecution to prove criminal intent beyond a reasonable doubt — which is a high standard that a skilled defense attorney can challenge effectively.
I have a prior theft conviction. How does that affect a new charge?
A prior conviction makes a new charge more serious in several ways. It can affect your offender classification under Tennessee sentencing guidelines, potentially resulting in harsher sentencing. It can also affect the prosecution's willingness to offer favorable plea agreements. And for crimes of moral turpitude specifically, a pattern of convictions can have more severe consequences for employment, licensing, and other areas of your life. Prior convictions make early legal intervention even more important.