Criminal Defense
Most theft cases in Memphis are handled on a flat fee — one agreed price for the whole case, not an hourly meter. Theft of property or theft of merchandise valued at $1,000 or less is a Class A misdemeanor, it is worked out in Shelby County General Sessions, and our fee starts at $750. Once the alleged value crosses $1,000 the charge becomes a felony and the floor is $1,500. We quote your exact number after a free consultation, so you know it before you decide anything. Call or text the criminal line at 901-412-2973 or the office at (901) 324-5000.
Theft attorney fees by charge
| Charge | Court | Our flat fee starts at |
|---|---|---|
| Theft of property or merchandise, $1,000 or less — Class A misdemeanor | Shelby County General Sessions | $750 |
| Theft $1,000–$2,500 — Class E felony | General Sessions, then Criminal Court if bound over | $1,500 |
| Theft $2,500–$10,000 — Class D felony | Criminal Court | Quoted after review |
| Theft above $10,000, or a case set for trial | Criminal Court | Quoted after review |
These are attorney fees for theft charges. Court costs, fines, restitution, and any bond are separate and are paid to the court, not to us. A case that is contested, involves several alleged incidents aggregated into one count, or goes to trial runs above the floor — most of a trial fee is preparation, not the trial day.
Burglary and robbery are priced separately
The fees above do not apply to burglary or robbery. Both are charged under different statutes, both carry substantially greater exposure, and both take considerably more work than a theft case of the same dollar value. We do not publish a starting figure for either one, because quoting a number before seeing the file would be guessing at a case that can range from a Class C felony to a Class A.
- Burglary — entering a building or habitation without consent with intent to commit theft or another felony. Aggravated burglary of a habitation is a Class C felony; especially aggravated burglary is a Class B.
- Robbery — theft accomplished by violence or by putting a person in fear. Robbery is a Class C felony; aggravated robbery is a Class B; especially aggravated robbery is a Class A with mandatory sentencing.
If you are charged with either one, the consultation is still free and we will give you a firm flat fee at the end of it. What we will not do is quote you a number over the phone before anyone has read the affidavit.
Which one is my charge?
It comes down to the value of what was allegedly taken. Tennessee grades theft by value under Tenn. Code Ann. § 39-14-105, and the value actually proven — not the value written on the ticket or the affidavit — is what sets the class.
- $1,000 or less. Class A misdemeanor, up to 11 months 29 days. This is the large majority of theft cases in Shelby County, and it is the one people search for as theft of property under $1,000 or theft of merchandise under $1,000. From $750.
- More than $1,000, up to $2,500. Class E felony, 1 to 6 years. From $1,500.
- More than $2,500. Class D felony and up, with the range climbing at $10,000, $60,000, and $250,000. Quoted after we see the file.
If the affidavit alleges a value just over a threshold — $1,050, or $2,600 — that number is worth attacking before anything else. Retail price is not always the measure of value, and moving a case back under $1,000 changes it from a felony to a misdemeanor.
What the fee covers
- Every General Sessions setting, including the ones where nothing happens but attendance is still required.
- Reviewing the State’s file: the affidavit of complaint, any loss-prevention or store report, video, and the property receipt.
- Negotiating with the prosecutor — dismissal, reduction, retirement, or judicial diversion where you qualify.
- Advising on restitution and how paying it early does and does not help.
- Telling you plainly whether the case is worth trying, and quoting that separately if it is.
Diversion and expungement cost money too
On a first theft charge the goal is usually to end up with nothing on your record. That normally means judicial diversion or a retirement, followed by an expungement once the case is over. The expungement is a separate filing with its own court fee, and it is worth budgeting for from the start rather than discovering it a year later. A theft conviction is one of the worst convictions to carry for employment purposes, because it goes directly to honesty — which is why the record is usually worth more than the fine.
What moves the price up
- The value alleged. The single biggest factor, because it sets the class of the offense and therefore which court the case lives in.
- Prior record. Prior theft convictions raise the exposure and narrow the available resolutions, which means more work for the same charge.
- Aggregated counts. Several alleged incidents added together take considerably more review than a single one.
- Contested proof. Video that has to be obtained and analysed, a valuation that has to be challenged, or a suppression issue on the stop or the search.
- Trial. A case prepared for trial costs more than one resolved by negotiation, and most of that is preparation rather than the day itself.
- Which court. Municipal and outlying county courts vary in how many appearances they require.
For comparison across charge types, see what a criminal defense lawyer costs in Memphis.
Common questions
How much does a theft lawyer cost in Memphis?
At Brooks Law Firm, theft of property or merchandise valued at $1,000 or less starts at $750 as a flat fee. Felony theft starts at $1,500. The exact number depends on the value alleged, whether there are prior convictions, whether the case is contested, and whether it has to be tried. We quote it after a free consultation.
Is theft under $1,000 a misdemeanor in Tennessee?
Yes. Theft of property valued at $1,000 or less is a Class A misdemeanor, punishable by up to 11 months 29 days and a fine. Theft of merchandise from a retail store at that value is charged the same way. Above $1,000 it becomes a Class E felony, and the classes step up again at $2,500, $10,000, $60,000, and $250,000.
Do I need a lawyer for a first-time theft charge?
For a first charge the honest answer is that the fine is not the problem — the record is. A theft conviction is read by employers as a dishonesty offense and it is one of the hardest to explain away in a background check. Judicial diversion and expungement are usually available on a first offense, but they are not automatic and they are easier to lose than to get. That is the work worth paying for.
Can a theft charge be dismissed?
It happens, and more often than people expect. Dismissals come from proof problems with value, from the store’s witness not appearing, from a bad stop or a bad search, from restitution paid with the prosecutor’s agreement, and from diversion completed successfully. None of it is guaranteed, and none of it happens by waiting.
Will I go to jail for a theft charge in Memphis?
On a first misdemeanor theft, a jail sentence is not the usual outcome. What is common is a suspended sentence, probation, restitution, and court costs. Prior theft convictions change that picture considerably, and so does a felony value. We go through your exposure honestly at the consultation rather than after you have hired us.
Do these fees cover burglary or robbery?
No. Burglary and robbery are separate offenses under separate statutes, they carry far greater exposure, and they take more work. We quote those only after a consultation and a look at the file — a robbery can be anything from a Class C felony to a Class A, and a starting figure published in advance would be meaningless.
Do you handle theft cases outside Shelby County?
Yes. We are regularly in Fayette, Tipton, Haywood, and Lauderdale County courts as well as the Bartlett, Germantown, and Collierville municipal courts. Fees outside Shelby County are quoted on the same basis, adjusted for travel and the number of settings that court requires.
Talk to us before you decide anything
The consultation on a criminal matter is free, and it is a real conversation about what your case is likely to do — not a sales call. Call or text the criminal line at 901-412-2973 or the office at (901) 324-5000.