i had just got my first shoplifting charge from this stae of ten ,, and i picked up another charge in the past day and was wondring what the max that

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i had just got my first shoplifting charge from this stae of ten ,, and i picked up another charge in the past day and was wondring what the max that

Asked on May 8, 2009 under Criminal Law, Tennessee

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Well, here are where you will find the laws and sentencing categories.  Are these charges your first offenses? Were you ever charged and convicted before for anything? What happened? Why did you shoplift? Think about what happened, review the items below and get a lawyer.  You are entitled to a public defender but you can also find a private criminal defense attorney at www.attorneypages.com.

39-14-103. Theft of property. —

 
 
 

   
 
 

A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent.

 
 
 

[Acts 1989, ch. 591, § 1.]

 

39-14-105. Grading of theft. —

 
 
 

   
 
 

Theft of property or services is:

 
 
 
   
 
 

     (1)  A Class A misdemeanor if the value of the property or services obtained is five hundred dollars ($500) or less;

 
 
 
   
 
 

     (2)  A Class E felony if the value of the property or services obtained is more than five hundred dollars ($500) but less than one thousand dollars ($1,000);

 
 
 
   
 
 

     (3)  A Class D felony if the value of the property or services obtained is one thousand dollars ($1,000) or more but less than ten thousand dollars ($10,000);

 
 
 
   
 
 

     (4)  A Class C felony if the value of the property or services obtained is ten thousand dollars ($10,000) or more but less than sixty thousand dollars ($60,000); and

 
 
 
   
 
 

     (5)  A Class B felony if the value of the property or services obtained is sixty thousand dollars ($60,000) or more.

 
 
 

[Acts 1989, ch. 591, § 1.]

 

 

40-35-112. Sentence ranges. —

 
 
 

   
 
 

(a)  A “Range I” sentence is as follows:

 
 
 
   
 
 

     (1)  For a Class A felony, not less than fifteen (15) nor more than twenty-five (25) years;

 
 
 
   
 
 

     (2)  For a Class B felony, not less than eight (8) nor more than twelve (12) years;

 
 
 
   
 
 

     (3)  For a Class C felony, not less than three (3) nor more than six (6) years;

 
 
 
   
 
 

     (4)  For a Class D felony, not less than two (2) nor more than four (4) years; and

 
 
 
   
 
 

     (5)  For a Class E felony, not less than one (1) nor more than two (2) years.

 
 
 
   
 
 

(b)  A “Range II” sentence is as follows:

 
 
 
   
 
 

     (1)  For a Class A felony, not less than twenty-five (25) nor more than forty (40) years;

 
 
 
   
 
 

     (2)  For a Class B felony, not less than twelve (12) nor more than twenty (20) years;

 
 
 
   
 
 

     (3)  For a Class C felony, not less than six (6) nor more than ten (10) years;

 
 
 
   
 
 

     (4)  For a Class D felony, not less than four (4) nor more than eight (8) years; and

 
 
 
   
 
 

     (5)  For a Class E felony, not less than two (2) nor more than four (4) years.

 
 
 
   
 
 

(c)  A “Range III” sentence is as follows:

 
 
 
   
 
 

     (1)  For a Class A felony, not less than forty (40) nor more than sixty (60) years;

 
 
 
   
 
 

     (2)  For a Class B felony, not less than twenty (20) nor more than thirty (30) years;

 
 
 
   
 
 

     (3)  For a Class C felony, not less than ten (10) nor more than fifteen (15) years;

 
 
 
   
 
 

     (4)  For a Class D felony, not less than eight (8) nor more than twelve (12) years; and

 
 
 
   
 
 

     (5)  For a Class E felony, not less than four (4) nor more than six (6) years.

 
 
 

[Acts 1989, ch. 591, § 6.]

40-35-111. Authorized terms of imprisonment and fines for felonies and misdemeanors. —

 
 
 

   
 
 

(a)  A sentence for a felony is a determinate sentence.

 
 
 
   
 
 

(b)  The authorized terms of imprisonment and fines for felonies are:

 
 
 
   
 
 

     (1)  Class A felony, not less than fifteen (15) nor more than sixty (60) years. In addition, the jury may assess a fine not to exceed fifty thousand dollars ($50,000), unless otherwise provided by statute;

 
 
 
   
 
 

     (2)  Class B felony, not less than eight (8) nor more than thirty (30) years. In addition, the jury may assess a fine not to exceed twenty-five thousand dollars ($25,000), unless otherwise provided by statute;

 
 
 
   
 
 

     (3)  Class C felony, not less than three (3) years nor more than fifteen (15) years. In addition, the jury may assess a fine not to exceed ten thousand dollars ($10,000), unless otherwise provided by statute;

 
 
 
   
 
 

     (4)  Class D felony, not less than two (2) years nor more than twelve (12) years. In addition, the jury may assess a fine not to exceed five thousand dollars ($5,000), unless otherwise provided by statute; and

 
 
 
   
 
 

     (5)  Class E felony, not less than one (1) year nor more than six (6) years. In addition, the jury may assess a fine not to exceed three thousand dollars ($3,000), unless otherwise provided by statute.

 
 
 
   
 
 

(c)  A sentence to pay a fine, when imposed on a corporation for an offense defined in title 39 or for any offense defined in any other title for which no special corporate fine is specified, is a sentence to pay an amount, not to exceed:

 
 
 
   
 
 

     (1)  Three hundred fifty thousand dollars ($350,000) for a Class A felony;

 
 
 
   
 
 

     (2)  Three hundred thousand dollars ($300,000) for a Class B felony;

 
 
 
   
 
 

     (3)  Two hundred fifty thousand dollars ($250,000) for a Class C felony;

 
 
 
   
 
 

     (4)  One hundred twenty-five thousand dollars ($125,000) for a Class D felony; and

 
 
 
   
 
 

     (5)  Fifty thousand dollars ($50,000) for a Class E felony.

 
 
 
   
 
 

If a special fine for a corporation is expressly specified in the statute which defines an offense, the fine fixed shall be within the limits specified in the statute.

 
 
 
   
 
 

(d)  A sentence for a misdemeanor is a determinate sentence.

 
 
 
   
 
 

(e)  The authorized terms of imprisonment and fines for misdemeanors are:

 
 
 
   
 
 

     (1)  Class A misdemeanor, not greater than eleven (11) months, twenty-nine (29) days or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute;

 
 
 
   
 
 

     (2)  Class B misdemeanor, not greater than six (6) months or a fine not to exceed five hundred dollars ($500), or both, unless otherwise provided by statute; and

 
 
 
   
 
 

     (3)  Class C misdemeanor, not greater than thirty (30) days or a fine not to exceed fifty dollars ($50.00), or both, unless otherwise provided by statute.

 
 
 
   
 
 

(f)  In order to furnish the general assembly with information necessary to make an informed determination as to whether the increase in the cost of living and changes in income for residents of Tennessee has resulted in the minimum and maximum authorized fine ranges no longer being commensurate with the amount of fine deserved for the offense committed, every five (5) years, on or before January 15, the fiscal review committee shall report to the chief clerks of the senate and house of representatives of the general assembly the percentage of change in the average consumer price index (all items-city average) as published by the United States department of labor, bureau of labor statistics and shall inform the general assembly what the statutory minimum and maximum authorized fine for each offense classification would be if adjusted to reflect the compounded cost-of-living increases during the five-year period.

 
 
 

[Acts 1989, ch. 591, § 6; 2007, ch. 61, § 1


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