Criminal Defense
Once the State alleges the property was worth more than $1,000, theft stops being a misdemeanor and becomes a Class E felony. One to six years, and a felony record if the case goes badly. In Shelby County the case no longer resolves in General Sessions — it heads toward a preliminary hearing, the grand jury, and Criminal Court upstairs. Call or text the criminal line at 901-412-2973 or the office at (901) 324-5000. Felony representation starts at a flat $1,500.
The Class E tier, and what sits above it
Tenn. Code Ann. § 39-14-105 sets the ladder. This page is about the bottom rung of the felony range — the one most Shelby County felony theft cases sit on.
| Value alleged | Class | Range |
|---|---|---|
| $1,000 or less | Class A misdemeanor | Up to 11 months 29 days |
| $1,000.01 – $2,500 | Class E felony | 1 to 6 years |
| $2,500.01 – $10,000 | Class D felony | 2 to 12 years |
| $10,000.01 – $60,000 | Class C felony | 3 to 15 years |
For a defendant with no prior record, a Class E felony is a Range I offense — one to two years, and probation is available. That is worth knowing early, because the number people fixate on is the six, and six years is the top of the range for someone with a substantial criminal history, not the starting point for a first offender.
The whole case is often the valuation
A dollar decides whether you are a felon. That is not a figure of speech — the statute draws the line at $1,000, and an enormous number of Shelby County felony theft cases are charged at values sitting within a few hundred dollars of it.
Value means fair market value at the time and place of the offense. Not the retail sticker. Not replacement cost. Not what the insurance paid. Not what the owner says it meant to them. In practice the number in the affidavit usually comes from one of three places, and none of them is a valuation:
- A price tag. Retail price is not fair market value, and for anything used it can be wildly high.
- An owner’s estimate. Complainants routinely value their own property generously, and no one asks them to justify it before the charge is written.
- An arithmetic total. Several items, or several incidents, added together — sometimes properly, sometimes not.
Getting an independent valuation of what was actually taken is frequently the single most productive thing that happens in one of these cases. Dropping the proven value below $1,000 does not reduce the sentence — it removes the felony entirely and sends the case back to General Sessions as the misdemeanor described on our theft of property under $1,000 page.
When small thefts are added up to make a felony
Tennessee permits the State to aggregate property taken in separate incidents when they form a single continuing scheme or course of conduct. It is how a string of misdemeanor-sized allegations arrives as one felony indictment, and it is common in two settings: employee theft built from months of register or inventory records, and repeat retail cases assembled by a loss prevention department from surveillance across multiple visits.
Aggregation is not automatic and it is not self-proving. The State has to establish the incidents were genuinely one scheme rather than separate events involving the same person — and the totals frequently rest on internal business records that no one outside the company has ever tested. If your felony number was assembled from many smaller numbers, that assembly is the first thing to examine.
How a felony theft moves through Shelby County
The path is different from a misdemeanor, and the difference matters.
- General Sessions, downstairs. The case starts at 201 Poplar with a preliminary hearing, where the State must show probable cause. This is your first and often best look at the proof — including how the value was calculated and who is prepared to testify to it.
- Do not waive it without a reason. Waiving the preliminary hearing gives up sworn testimony from the complainant and the officer at the earliest point, when their account is least rehearsed. Sometimes there is a strategic reason to waive. Usually there is not.
- Grand jury. If bound over, the case goes to the grand jury for an indictment. This is where a value dispute can produce a reduced charge before anyone reaches Criminal Court.
- Criminal Court, upstairs. Arraignment, discovery, motions, and trial or plea. See arraignment in Shelby County and how long a criminal case takes.
- Suburb cases. A felony written in Germantown, Bartlett, or Collierville does not stay in municipal court. It transfers to Shelby County.
Can a felony theft be reduced to a misdemeanor?
Often, yes, and it is the goal in most of these cases. Three routes get there:
- Proving the value is below $1,000. The cleanest route, because it does not depend on anyone’s discretion.
- Negotiated amendment. A prosecutor agrees to amend the charge down, usually where restitution is made and the defendant’s record supports it. See our write-up on getting a felony reduced to a misdemeanor in Tennessee.
- Judicial diversion. A Class E felony can be eligible for judicial diversion under § 40-35-313 for a qualifying defendant, which means no conviction and eventual expungement. Eligibility turns on your record and on whether you have used diversion before.
Restitution matters more here than at the misdemeanor level. A prosecutor deciding whether to amend a felony wants to know the complainant has been made whole — but how and when restitution is offered has consequences, so raise it with a lawyer before paying anyone directly.
What a felony theft conviction actually costs
Beyond the sentence, and beyond what any theft conviction does to employment, a felony carries consequences a misdemeanor does not:
- Loss of the right to vote until restored, and loss of firearm rights.
- Disqualification from many professional licenses outright, rather than as a discretionary factor.
- Public and private housing applications, and most employment applications, ask about felonies specifically.
- For non-citizens, a theft offense with a sentence of a year or more can be treated as an aggravated felony, with immigration consequences far more severe than the criminal sentence. See criminal defense for non-citizens.
- A felony conviction is permanent. Unlike a dismissal or completed diversion, it generally cannot be expunged.
Related charges
- Theft charges overview — every class and every court.
- Theft of property under $1,000 — the misdemeanor tier.
- Felony defense in Memphis — how felony cases work generally.
- Employee theft and embezzlement — where aggregated felony theft cases usually originate.
- Burglary and robbery — separate and more serious offenses.
Common questions
Is theft over $1,000 always a felony in Tennessee?
Yes, once the value is proven. More than $1,000 and up to $2,500 is a Class E felony carrying one to six years. The word doing the work is proven — the value alleged in the affidavit is a claim, not a finding.
Will I go to prison for a Class E felony theft?
For a first-time offender, usually not. A Class E felony for a Range I offender carries one to two years and probation is available. Prior record, the amount involved, and whether restitution has been made all affect the outcome.
Can a Class E felony theft get judicial diversion?
It can, for a qualifying defendant. Judicial diversion under § 40-35-313 is available for certain Class E felonies, which means the charge is dismissed and expunged on successful completion. Eligibility depends on your record and on whether you have used diversion before — it is available once.
Can several small thefts be added together into a felony?
Yes, where the State establishes they were part of a single continuing scheme. This is standard in employee theft and repeat retail cases. Whether the incidents were genuinely one scheme, and whether the underlying arithmetic holds up, are both open questions worth pressing.
What does a felony theft lawyer cost in Memphis?
Felony representation starts at a flat $1,500, with the fee depending on the class and what the case involves. Court costs and restitution are separate. See what a theft lawyer costs in Memphis.
Talk to us before the preliminary hearing
The preliminary hearing is the earliest point at which a felony theft can be tested, and it is easy to give away by accident. Bring your bond paperwork and whatever the officer or the store gave you. The consultation is free.
Brooks Law Firm
2299 Union Avenue, Memphis, Tennessee 38104
Office (901) 324-5000
Criminal line, call or text 901-412-2973