MOTOR VEHICLE THEFT

MOTOR VEHICLE THEFT DEFENSE ATTORNEYS IN CHATTANOOGA

Any type of vehicle-related theft crime is treated harshly in Tennessee – and some may be prosecuted at the federal level if state borders are crossed in the vehicle.

A felony conviction for auto theft can lead to a lengthy prison sentence, a large fine, and a permanent criminal record that may have a long-term impact on your future.

It is essential if you are facing auto theft charges to understand your rights and to seek legal assistance in protecting them.

The criminal defense lawyers at Houston & Alexander in Chattanooga can help you defend the charge and minimize the consequences of your actions.

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Penalties For Auto Theft In Tennessee

The auto theft laws are outlined in the Tennessee Code §§ 39-14-103, -105, 40-35-111, and 55-5-203 (2020).

Auto theft can be prosecuted as either a misdemeanor or felony, depending on the value of the stolen property. Following is a brief outline of the potential penalties to expect:

Class A misdemeanor Theft

If the stolen vehicle is valued at less than $1,000, the potential penalty is up to 11 months and 29 days in prison and a $2,500 fine.

Class C Felony Theft

If the stolen vehicle is valued at between $10,000 and $60,000, the potential penalty is between three and 15 years in prison and a $10,000 fine.

Class D Felony Theft

If the stolen vehicle is valued at between $2,500 and $10,000, the potential penalty is between two and 12 years in prison and a $5,000 fine.

Owning or operating a chop shop (where stolen automobiles are stripped of salable parts) also falls under this category and carries a mandatory minimum fine of $3,500.

Class E Felony Theft

If the stolen vehicle is valued at between $1,000 and $2,500, the potential penalty is between one and six years in prison and a $3,000 fine.

Class B Felony Theft

If the stolen vehicle is valued at between $60,000 and $250,000, the potential penalty is between eight and 30 years in prison and a $25,000 fine.

Note that defendants with no prior criminal record and no aggravating factors (such as a weapon being used) are more likely to receive lenient sentences, all else being equal.

However, all felony convictions in Tennessee can also mean the loss of voting rights and the right to own a firearm. You may also find that it affects your immigration status (if applicable) and creates difficulties when trying to rent an apartment or find a new job.

Carjacking Theft Crimes

Some auto theft crimes also involve carjacking. This is when a car is taken away from a driver or a passenger by the use of:

Force or intimidation, or
A deadly weapon

For instance, using a gun to threaten a driver to relinquish the keys of the car to you would generally lead to a charge of carjacking.

The use of threat or force makes it a considerably more serious offense than most simple auto thefts. Accordingly, carjacking is charged as a Class B felony that can lead to eight to 30 years in prison and a $25,000 fine.

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Joyriding

Joyriding is another common offense connected to auto theft. It is handled in this section of the Tennessee Code:

“A person commits a Class A misdemeanor who takes another’s automobile, airplane, motorcycle, bicycle, boat or other vehicle without the consent of the owner and the person does not have the intent to deprive the owner thereof.”

So, joyriding is taking another person’s vehicle without permission, even if you are not planning to hold on to it permanently and fully intend to return it.

If the crime of theft cannot be proven beyond a reasonable doubt, a charge of joyriding may be filed. However, it should be noted that this can still lead to jail time as a Class A misdemeanor.

What Are Possible Defenses To Car Theft Crimes In Tennessee?

If you are arrested and charged for auto theft, carjacking or joyriding in Tennessee, discussing your situation with an experienced auto theft lawyer should be a priority.

Being charged and being convicted are very different. An experienced lawyer will listen to your version of events, examine the evidence against you, and inform you of your legal rights and options.

Whether you made a rash error of judgement, events were misinterpreted or the police made errors in the process while investigating or charging you, there is always a chance that the evidence against you is incomplete, the case is dismissed or you are acquitted at trial.

Even if you are convicted, a good lawyer can downgrade the impact that a conviction has on your future.

Some possible defenses to auto theft crimes in Tennessee include the following:

Permission: The defendant believed that permission had been granted to use the vehicle.
No intent to steal: the defendant intended to return the vehicle, meaning that the theft charge is inappropriate.
Lower vehicle value: the real value of the stolen vehicle is less than the prosecution claims (meaning that a lower-level charge should apply).
Violation of constitutional rights: the police failed to observe the defendant’s constitutional right to be free from illegal searches and seizures or to incriminate themselves.

The prosecution carries a high burden in these cases and must prove the auto theft charge beyond a reasonable doubt. Sometimes, the intervention of our criminal defense lawyers can lead to evidence being suppressed and case dismissal or downgrading of the crime.

If that is not possible, we will fight to protect your rights from the moment you are charged until the criminal justice system has concluded your case.

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Speak With One Of Our Lawyers To Learn More

A criminal conviction in Tennessee can affect your life forever. The experienced auto theft attorneys at Houston & Alexander, PLLC will protect your rights and freedoms and minimize the impact on your future.

Please call our Chattanooga-based law office at 423-267-6715 or contact us online to arrange an initial consultation.

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