Criminal Defense
If you were stopped leaving a store in Shelby County, the charge on your paperwork probably reads theft of merchandise — not shoplifting. Tennessee charges retail theft under Tenn. Code Ann. § 39-14-146, and it is graded by the same value ladder as any other theft. At $1,000 or less it is a Class A misdemeanor heard in General Sessions. Call or text the criminal line at 901-412-2973 or the office at (901) 324-5000.
This page covers the statute and how the charge is graded. For the practical side — citation versus arrest, self-checkout cases, diversion, the civil demand letter, store bans, and what a lawyer costs — see our main Memphis shoplifting page.
What theft of merchandise actually means
The statute reaches more than walking out with something in a bag. It covers concealing merchandise, altering or swapping a price tag, transferring goods from one container to another, and causing the register to show less than the real price. It also lets the State treat concealment itself as evidence of intent — which is why so many of these cases turn on video of what happened in an aisle rather than at the door.
- Concealment. Putting merchandise somewhere it cannot be seen can support the charge even if you never passed the last point of sale.
- Price switching. Altering, removing, or swapping a tag is charged as theft of the difference in value.
- Under-ringing. Self-checkout cases are now a significant share of these charges, and scanning errors and intentional under-ringing look the same on camera.
- Aggregation. A store may allege several visits over time and add them together, which is how a run of small amounts is charged as a felony.
Penalties at a glance
| Value of merchandise | Class | Range |
|---|---|---|
| $1,000 or less | Class A misdemeanor | Up to 11 months 29 days, plus fine and restitution |
| $1,000.01 – $2,500 | Class E felony | 1 to 6 years |
| $2,500.01 – $10,000 | Class D felony | 2 to 12 years |
Value is fair market value, which for retail merchandise usually tracks the ticket price but does not have to. Where several items or several alleged visits are added together to clear $1,000, both the arithmetic and the propriety of aggregating them are worth challenging. The full value ladder for every theft class is on the Memphis theft charges page.
Theft of merchandise versus general theft
Two statutes can reach the same conduct. Section 39-14-146 is the retail-specific offense and captures concealment, price switching, and under-ringing. Section 39-14-103 is the general theft statute, and it is what many Shelby County officers write instead. Which one appears on your paperwork affects what the State has to prove: the retail statute gives the State the concealment inference, while general theft requires proof that you obtained or exercised control over the property with intent to deprive.
The grading and the sentencing exposure are the same either way. See theft of property under $1,000 for the general charge.
Where the case is heard
A misdemeanor theft of merchandise in Memphis is set in Shelby County General Sessions Criminal Court at 201 Poplar. Cases written by Bartlett, Germantown, and Collierville police start in those municipal courts. If the alleged value makes it a felony, the case moves toward a preliminary hearing and the grand jury regardless of where it started.
Related pages
- Memphis shoplifting lawyer — the practical guide to a retail theft charge.
- Theft charges overview — every class, every court.
- Theft of property under $1,000 — the general theft charge under § 39-14-103.
- What a theft lawyer costs in Memphis — our flat fees, published.
- Misdemeanor defense — how General Sessions works.
Common questions
Is shoplifting the same as theft of merchandise in Tennessee?
Effectively, yes. Tennessee does not use the word shoplifting in the statute — retail theft is charged as theft of merchandise under § 39-14-146, or as general theft under § 39-14-103. If your paperwork says theft of merchandise, that is the shoplifting charge.
Why does my paperwork say theft of property instead?
Both statutes can reach retail conduct, and many Shelby County officers write the general theft statute. The grading and the exposure are identical. What changes is what the State has to prove — the retail statute gives it the concealment inference, and the general statute does not.
How is the value of the merchandise determined?
Fair market value at the time of the offense. For retail goods that often tracks the ticket price, but it does not have to, and a loss-prevention report is not the last word on it. Where items or separate visits are added together to clear $1,000, the arithmetic deserves a close look.
Tell us what the paperwork says and we will tell you what you are facing. Office (901) 324-5000 · criminal line 901-412-2973.