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Defending Against Theft Charges

Insights from The Clarke Law Firm

Theft charges in Murfreesboro, Tennessee, can have serious consequences on your life, affecting everything from your freedom to your ability to secure employment in the future. At The Clarke Law Firm, we understand the complexity of Tennessee’s legal system and the stress and uncertainty that comes with facing theft charges. This post aims to demystify the legal landscape surrounding theft charges in Tennessee and offer guidance on how to defend against them effectively.

The Legal Framework of Theft Charges in Tennessee

Under Tennessee law, theft is defined as the intentional taking of another person’s property without their consent, with the intent to permanently deprive the owner of it. The severity of a theft charge can vary greatly, depending on the value of the property taken, and can range from misdemeanor theft (for property valued at $1,000 or less) to felony theft (for property valued at more than $1,000).

Tennessee Code Annotated § 39-14-103 defines theft of property, outlining the actions considered as theft and the penalties associated with each level of offense. It’s crucial to understand that the penalties for theft can be severe, including fines, restitution, and imprisonment.

Strategies for Defending Against Theft Charges

Successfully defending against theft charges in Murfreesboro requires a detailed understanding of the law and a strategic approach tailored to the specifics of your case. Here are several defenses that might be applicable:

1. Lack of Intent:
Demonstrating that the defendant did not intend to steal can be a powerful defense. This might apply if the defendant believed they had the right to the property or if there was a misunderstanding about its ownership.

2. Consent:
If the defendant had the owner’s permission to take the property, this could serve as a defense against theft charges. However, proving consent can be complex and requires substantial evidence.

3. Right of Ownership:
Claiming a right of ownership over the property in question can also be a defense, although, like consent, it requires compelling evidence to support it.

4. Entrapment:
Although less common, entrapment occurs when a law enforcement officer or agent induces a person to commit a crime that they would not have otherwise committed. Proving entrapment can be challenging but can lead to charges being dismissed if successful.

Navigating the Legal Process

Facing theft charges can be daunting, and the legal process can be complex and intimidating. From the moment of arrest, exercising your rights, including the right to remain silent and the right to an attorney is essential. Early intervention by a skilled defense attorney can make a significant difference in the outcome of your case.

An experienced attorney can navigate the intricacies of the legal system, negotiate with prosecutors, and, when necessary, present a strong defense in court. They can also provide advice on potential plea deals and alternative sentencing options, such as diversion programs, which might result in reducing or dismissing charges.

Contact The Clarke Law Firm for Expert Defense

At The Clarke Law Firm, our priority is to ensure that your rights are protected and to provide a robust defense against theft charges. Murfreesboro criminal defense attorney David Clarke has extensive experience and a deep understanding of Tennessee law, enabling him to advocate effectively on your behalf. If you or a loved one are facing theft charges in Murfreesboro, it’s crucial to seek professional legal assistance as soon as possible. Contact David Clarke at (615) 796-6299 to discuss your case and explore your options. With the right defense strategy, it’s possible to mitigate the impact of theft charges on your life and future.