Criminal Defense
It is the first question almost everyone asks, and it is usually asked at two in the morning. The short answer for a first theft charge in Shelby County is that jail is not the usual outcome — but that answer comes with conditions worth understanding, because several things can change it.
What normally happens on a first misdemeanor theft
Theft of property or merchandise valued at $1,000 or less is a Class A misdemeanor. The maximum is 11 months 29 days. Maximums and outcomes are different things. On a first charge with no record, a typical resolution in General Sessions looks like some combination of a suspended sentence, unsupervised or supervised probation, restitution, court costs, and sometimes a theft-awareness class — or, better, judicial diversion or a retirement that leaves no conviction at all.
The real cost of a first theft charge is almost never the jail exposure. It is the record. A theft conviction is a crime of dishonesty and it is read that way by every employer, licensing board, and landlord who runs a background check.
What raises the risk
- Prior theft convictions. This is the single biggest factor. A second or third theft is treated very differently from a first, and prior convictions can disqualify you from diversion.
- A felony value. Above $1,000 the charge is a Class E felony carrying one to six years, and above $2,500 it climbs again. Where the alleged value sits just over a line, that number is the first thing to attack.
- Being on probation or diversion already. A new charge can trigger a violation, and the violation is frequently the more serious problem.
- Missing court. A failure to appear produces a capias, and you may be picked up on it at the worst possible moment.
- Facts that are not really theft. If force or fear was involved it is robbery, not theft. If entry into a building or a car was involved it may be burglary. Both are felonies with real custodial exposure.
What actually happens between now and then
Most people are cited or booked and released, with a date in Shelby County General Sessions Criminal Court at 201 Poplar. The first setting is short — the case is called, counsel is noted, and it is reset. What matters is that the time between now and that date is used: getting the affidavit and any store report, looking at the video before it is overwritten, and understanding whether diversion is available to you.
The difference between exposure and outcome
People read the maximum penalty for a Class A misdemeanor and reasonably assume that is what they are facing. Exposure is the ceiling the law allows. Outcome is what actually happens given the facts, your record, the court, and the prosecutor. On a first theft with no record, those two numbers are usually very far apart — and the work of a defense is largely the work of keeping them apart.
What that means practically is that the question worth asking is not “will I go to jail” but “can this end without a conviction.” On a first offense the answer is often yes, through judicial diversion, a retirement, or a dismissal, followed by expungement. See first offense theft in Tennessee for how each of those works and how each can be lost.
What to do now
- Do not contact the store, the complainant, or anyone involved.
- Do not respond to a civil demand letter from a retailer, and do not send money, before you have spoken to a lawyer.
- Do not explain yourself to police. It is not rudeness; it is that explanations become evidence.
- Keep every piece of paper you were given, including any notice barring you from a store.
- Write down what happened while it is fresh, for your lawyer only.
Common questions
Can I go to jail for stealing something worth $50?
Legally the exposure on a Class A misdemeanor is up to 11 months 29 days regardless of whether the value was $50 or $900. Practically, a first offense at that value does not usually end in a jail sentence. Prior convictions change that.
Does paying the store back make it go away?
No. Restitution is often part of a resolution and it can help, but it does not dismiss a criminal charge, and paying a store directly before your case is handled can be treated as an admission. Talk to a lawyer about the timing.
How long does a theft case take in Shelby County?
A straightforward misdemeanor usually resolves over a few settings across a couple of months. Felony cases bound over to Criminal Court take considerably longer. See how long a criminal case takes in Memphis.
If you are charged with theft in Memphis or anywhere in West Tennessee, the consultation is free. Call or text the criminal line at 901-412-2973 or the office at (901) 324-5000.