Under Tennessee law, the generic crime of theft Tennessee's statutory theft scheme, the common law theft crimes of embezzlement, false pretense, fraudulent conversion, larceny, receiving or concealing stolen property, and shoplifting have been abolished and replaced by a generic crime of theft.
NASHVILLE CRIMINAL LAWYERS
QUILLEN, FLANAGAN & QUILLEN THEFT OF PROPERTY / SERVICES
Nashville, Tennessee
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Under Tennessee law, the generic crime of theft includes the abolished
common law theft crimes of embezzlement, false pretense, fraudulent
conversion, larceny, receiving or concealing stolen property, and
shoplifting. Tenn. Code Ann. § 39-14-101
THEFT OF PROPERTY - 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.
OFFICE I-40 Exit 204
95 White Bridge Road
Suite 208
Nashville, TN 37205
(615) 356-1580
(615) 356-2567 FAX
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Criminal penalties for theft of property or services are graded according
to the value of the property or services obtained:
Class A
Misdemeanor
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Class E Felony
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Class D Felony
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Class C Felony
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Class B Felony
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$500 or less
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more than $500 but
less than $1,000
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$1,000 or more but
less than $10,000
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$10,000 or more but
less than $60,000
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$60,000 or more
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THEFT OF SERVICES -A person commits theft of services who:
(1) Intentionally obtains services by deception, fraud, coercion, false
pretense or any other means to avoid payment for the services;
(2) Having control over the disposition of services to others, knowingly
diverts those services to the person's own benefit or to the benefit of
another not entitled thereto; or
(3) Knowingly absconds from establishments where compensation for
services is ordinarily paid immediately upon the rendering of them,
including, but not limited to, hotels, motels and restaurants, without
payment or a bona fide offer to pay.
DEFENSES - There are three statutory defenses to prosecution for theft
charges:
(1) The accused acted under an honest claim of right to the property or
service involved; or
(2) Acted in the honest belief that the person had the right to obtain or
exercise control over the property or service as the person did; or
(3) Obtained or exercised control over property or service honestly
believing that the owner, if present, would have consented.
These defenses are called are called affirmative defenses and your lawyer
must specifically raise these defenses.
Attorney Kenneth Quillen accepts Visa, Mastercard, Discover and American Express.
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