What Happens in a Theft or Burglary Case in Tennessee? A Step-by-Step Guide

Theft and burglary charges in Tennessee can range from minor misdemeanors to serious felonies, depending on the value of stolen property and circumstances of entry. Understanding the legal process helps defendants in Lebanon and Wilson County make informed decisions. Hagar & Phillips regularly guides clients through these cases from arrest to resolution. Cases and laws may impact the following information, as laws do change. Do not take your legal advice from a blog.

‍Key Differences: Theft vs. Burglary

Theft occurs when someone knowingly takes someone else's property without consent, intending to deprive the owner. In Tennessee, value determines severity:

• $0-$1,000: Class A misdemeanor (up to 11 months, 29 days jail; $2,500 fine)
• $1,000-$2,500: Class E felony (1-6 years prison; $3,000 fine)
• $2,500-$10,000: Class D felony (2-12 years; $5,000 fine)
• Higher values escalate to Class C, B, or A felonies with increasingly severe penalties.

Burglary requires unlawful entry into a building or structure with intent to commit a felony or theft inside. Unlike simple theft, burglary focuses on the breaking and entering element:

• Burglary of a non-dwelling: Class D felony (2-12 years)
• Aggravated burglary (habitation): Class C felony (3-15 years)
• Especially aggravated burglary (weapon/serious injury): Class B felony (8-30 years)

Step 1: Arrest and Booking

Cases typically begin with police investigation which is often triggered by security footage, witnesses, or store loss prevention. If probable cause exists, officers arrest and book the defendant, collecting fingerprints and photos. For minor thefts, a citation may replace arrest.

Step 2: Initial Appearance and Bond

Within 48-72 hours, defendants appear before a judge in General Sessions Court for arraignment. The judge reads charges, informs rights, and sets bond conditions.

Step 3: Preliminary Hearing or Grand Jury

Misdemeanor thefts stay in General Sessions. Felony cases (most burglaries, higher-value thefts) move to a preliminary hearing where prosecutors must show probable cause, or to a grand jury for indictment.

Step 4: Discovery and Plea Negotiations

Prosecutors disclose evidence such as police reports, videos, witness statements. Most cases (over 90%) resolve through plea bargains. Factors influencing deals include prior record, evidence strength, and value stolen. Skilled negotiation can reduce felonies to misdemeanors or secure diversion.

Step 5: Pre-Trial Motions and Resolution

Defendants may file motions to suppress evidence (illegal search) or dismiss charges. If unresolved, cases proceed to trial in Criminal Court by either bench trial (judge decides) or jury trial.

Step 6: Trial, Sentencing, and Appeals

Prosecution presents the case first; defense cross-examines and calls witnesses. If convicted, sentencing follows Tennessee guidelines considering criminal history. First-time offenders often receive probation, community service, or theft school. 

Are you or someone you know facing theft or burglary charges? The stakes affect jobs, records, and freedom. Contact Hagar & Phillips Law Firm in Lebanon, TN today at 615-784-4588 for a confidential consultation. Our experienced criminal defense team will evaluate your case, protect your rights, and fight for the best possible result.