Property Crimes
Theft. Burglary. Fraud. Shoplifting to felony embezzlement.
Charged with a Property Crime in Nashville? A Conviction Can Outlast the Sentence.
Theft convictions don’t go away. They show up on every job application, every apartment lease, every background check — long after the fine is paid and the probation is done. What looks like a “small” case can follow you for decades.
I’m Nathan Cate. I defend people accused of theft, shoplifting, burglary, identity theft, and fraud in Middle Tennessee courts. Before you plead out of convenience, talk to me.
Free consultation. Call (615) 664-8083. Available 24/7.
Property Crimes I Defend
Theft — Tenn. Code Ann. § 39-14-103
Tennessee’s theft statute covers shoplifting, embezzlement, employee theft, theft of services, and more. The penalty depends on the value taken:
- Under $1,000: Class A Misdemeanor — up to 11 months, 29 days jail
- $1,000 – $2,500: Class E Felony — 1–6 years
- $2,500 – $10,000: Class D Felony — 2–12 years
- $10,000 – $60,000: Class C Felony — 3–15 years
- $60,000 – $250,000: Class B Felony — 8–30 years
- Over $250,000: Class A Felony — 15–60 years
Burglary — Tenn. Code Ann. § 39-14-402
Entering a building without consent intending to commit a felony, theft, or assault. Class D Felony (2–12 years). Aggravated Burglary (of a habitation) is a Class C Felony (3–15 years). Especially Aggravated Burglary (serious bodily injury) is a Class B Felony.
Identity Theft — Tenn. Code Ann. § 39-14-150
Using someone else’s personal identifying information to obtain money, goods, or credit. Generally a Class D Felony. Enhanced if the victim is an elderly or vulnerable adult.
Fraud and Forgery
- Forgery: Class E Felony (1–6 years), higher classes based on amount
- Worthless checks: Misdemeanor or felony depending on amount
- Credit/debit card fraud (Tenn. Code Ann. § 39-14-118): felony based on amount
Vandalism / Criminal Damage — Tenn. Code Ann. § 39-14-408
Damage to property you don’t own. Misdemeanor or felony based on value of damage.
Receiving Stolen Property
You can be charged with theft just for knowingly possessing stolen property. Same penalty scale as theft based on value.
How I Fight Property Crime Cases
1. Lack of intent
Every property crime requires specific intent. You have to knowingly take something, knowingly enter without permission, knowingly use someone else’s credit card. An honest mistake, a misunderstanding, a borrowed item — these defeat intent.
2. Value disputes
The felony class is driven by value. I fight overstated valuations — actual replacement cost, depreciated value, or retail markup disputes can drop a felony back to a misdemeanor.
3. Identity / wrong person
Surveillance video rarely shows a clear face. Witnesses mis-ID people all the time. If the State can’t put you at the scene beyond a reasonable doubt, the case falls apart.
4. Constructive vs. actual possession
Stolen property in a shared space (car, apartment) doesn’t automatically belong to you. Constructive possession requires knowledge and control — both attackable.
5. Search and seizure
Was the stop legal? Was the search constitutional? Was the warrant valid? Suppression motions win property cases more often than juries do.
6. Restitution negotiations
Many retail-theft and fraud cases can be resolved with restitution and diversion instead of conviction. Paying the store back doesn’t look good if it looks like admission — but handled right, it can save the record.
7. Judicial diversion
First-time offenders often qualify for judicial diversion. Successful completion = no conviction. I fight for diversion eligibility whenever possible.
Frequently Asked Questions
Can a theft charge be expunged?
Dismissals and successfully completed diversions are generally expungeable. Some Class E felony theft convictions can be expunged after the required waiting period. That’s why fighting the conviction up front matters — diversion/dismissal leaves the record clean.
What about shoplifting? It’s just a misdemeanor, right?
Under $1,000 is a misdemeanor. But the conviction sits on your record and shows up on background checks for decades. “Just a misdemeanor” can cost you jobs, apartments, and professional licenses.
The store doesn’t want to prosecute — why is the DA still pushing?
The decision to prosecute belongs to the State, not the alleged victim. But uncooperative witnesses weaken the State’s case, which creates plea leverage.
Does it matter that I’m paying restitution?
Restitution can be part of a diversion or plea agreement. But paying it without a lawyer structuring the deal can look like an admission. Talk to me before you write any checks.
Can I get fired for a pending theft charge?
In Tennessee, most employment is at-will — a pending charge can be enough for termination. That’s yet another reason to resolve the case fast and favorably. Expungement down the road can let you answer “no” on most job applications.
What if I’ve been accused of employee theft?
These are often worked up by loss-prevention investigators before police are involved. Anything you say to LP goes into the police report. Don’t make a statement. Don’t sign anything. Call me.
Why Cate Law
- Highly rated by clients on Google
- Property crime experience — from shoplifting to multi-count felony fraud
- Middle Tennessee courts — Davidson, Williamson, Rutherford, Sumner, Wilson, Montgomery
Free Property Crime Consultation
A property crime conviction follows you for life. Fight it.
📞 Call or text (615) 664-8083
222 2nd Ave N, Suite 220, Nashville, TN 37201
Available 24/7.
This page is general information, not legal advice. Every property crime case depends on its specific facts. Contact Cate Law for a case-specific consultation.
Other Practice Areas
For the complete guide to defending a Tennessee criminal case in Davidson County and the surrounding counties, see our Nashville Criminal Defense Attorney overview — the full procedural map from arrest through trial, with every practice area linked.
If your case is in Williamson County (Franklin, Brentwood, Spring Hill), see our county-specific guide: Williamson County Criminal Defense Attorney.
If your case is in Rutherford County (Murfreesboro, Smyrna, La Vergne) or you’re an MTSU student, see our county-specific guide: Rutherford County Criminal Defense Attorney.
If your case is in Sumner County (Gallatin, Hendersonville, Portland) or involves a lake DUI/BUI on Old Hickory Lake, see our county-specific guide: Sumner County Criminal Defense Attorney.
If your case is in Wilson County (Lebanon, Mt. Juliet, Watertown), see our county-specific guide: Wilson County Criminal Defense Attorney.