Shoplifting Defense in Franklin

Law Enforcement Insight for Franklin Shoplifting Charges

A shoplifting accusation can raise questions about intent, identity, merchandise value, and what occurred inside the store. Larsen Law PLLC represents people facing these allegations in Franklin, Tennessee. Our approach draws on attorney Eric Larsen’s experience in law enforcement, corrections, and work as a probation and parole officer.

Founded in 2012, we examine each client’s circumstances and the legal issues that may shape the defense. Our professional recognition includes a 10.0 Superb Avvo Rating and an AV Preeminent® Rating from Martindale-Hubbell®.

Call (615) 933-2454 for a free consultation about a shoplifting allegation in Franklin or Williamson County.

How Tennessee Law Defines Shoplifting

Tennessee prosecutes shoplifting conduct as theft of property under Tennessee Code Annotated § 39-14-146. An allegation typically involves retail merchandise that someone is accused of taking without paying, but the statute also covers conduct beyond leaving a store with an item.

Conduct covered by Tennessee’s shoplifting statute may include:

• Concealing merchandise
• Taking possession of merchandise
• Removing or altering a price marking
• Transferring merchandise from one container to another
• Causing a sales-recording device to show less than the merchandise’s stated price

Venue refers to the county where a prosecution may proceed. Depending on the facts, a theft case may be prosecuted in a county where an element of the alleged offense occurred.

Tennessee Theft-Value Classifications

The alleged value of the merchandise determines whether the charge falls within a misdemeanor or felony classification:

• $1,000 or less: Class A misdemeanor
• More than $1,000 and under $2,500: Class E felony
• At least $2,500 and under $10,000: Class D felony
• At least $10,000 and under $60,000: Class C felony
• At least $60,000 and under $250,000: Class B felony
• $250,000 or more: Class A felony

Tennessee law also permits related theft acts to be charged as one count when they arise from a common scheme, purpose, intent, or enterprise. The alleged values may then be added together to determine the grade of the charge.

Defenses to a Franklin Shoplifting Charge

A theft allegation involves more than proof that merchandise was moved or left unpaid. The prosecution must establish that the accused intended to deprive the owner of the property, making the person’s knowledge and intent central issues.

Lack of Intent
Failure to pay doesn’t by itself establish deliberate theft. Distraction, confusion involving merchandise or checkout procedures, and other case-specific circumstances may affect whether the evidence proves intent. We examine what happened before, during, and after the alleged conduct rather than treating the accusation as proof.

Mistaken Identity
Mistaken identity may be a defense when store personnel, witnesses, or recorded footage don’t reliably establish who committed the alleged act. We review identifying details and whether the available evidence supports the accusation against our client.

Evidence from the Store
Surveillance footage, witness accounts, store records, and the circumstances of a detention can affect a shoplifting case. Details about whether merchandise was concealed, moved, altered, or taken are also relevant. The evidence, governing law, and client’s account guide our defense strategy.