Memphis Burglary Lawyer

Theft crime convictions cause extensive damage to a person's reputation, career, and future job opportunities. Employers are much less likely to offer a job to someone who has been convicted of – or even just charged with – a theft crime, especially one as serious as burglary.

Definition of Burglary

The crime of burglary is defined in Tennessee Code Annotated § 39-14-402 as entering a vehicle or building other than a habitation, either open or closed to the public, and committing a felony, theft, or assault inside.

The term "enter" is further defined to mean the intrusion of any part of the body or object that is in contact with the body. This means that reaching into a building or pushing / lifting an object into a building with the intent of committing a crime inside is also considered burglary.

The Three Degrees of Burglary

In Tennessee, burglary can be committed in one of three degrees:

1. Simple burglary
2. Aggravated burglary
3. Especially aggravated burglary

Simple burglary is a Class E felony when it is committed in a vehicle (including trains, boats, planes, etc.), or a Class D felony when committed in a building. These offenses are punishable by a fine of up to $3,000 or $5,000 and a standard prison sentence of 1-2 years or of 2-5 years. These penalties only increase in aggravated circumstances.

What is the Difference Between Robbery and Burglary?

Robbery and burglary are distinct criminal offenses, each with specific legal definitions and elements that differentiate them. 

Robbery is defined as the act of taking something of value directly from another person through the use of force, intimidation, or threats. The key elements of robbery include the presence of a victim who is directly confronted and the use of force or intimidation to achieve the theft. Because it involves direct interaction and potential harm to the victim, robbery is considered a violent crime and is typically punished more severely than non-violent property crimes.

Burglary, on the other hand, involves unlawfully entering a building or structure with the intent to commit a crime inside, usually theft. Unlike robbery, burglary does not require the presence of a victim or the use of force or intimidation. The critical element in burglary is the unauthorized entry with criminal intent. Burglary is categorized as a property crime and can occur in both residential and commercial properties. While it is generally considered less severe than robbery, it can still carry significant penalties, especially if the burglary occurs in an inhabited dwelling or results in substantial property damage.

The legal consequences for each offense vary, with robbery often resulting in harsher penalties due to its violent nature. Have questions about your case? Contact our experienced team right away to learn more about your rights and options.

What is Aggravated Burglary in TN

In Tennessee, aggravated burglary occurs when an individual burglarizes a habitation. When someone enters a home, or any building designed to house people overnight (such as a hotel or motel), it is aggravated burglary and is a Class C felony.

The penalties then increase to a maximum fine of $10,000 and a standard prison sentence of 3-6 years.

Especially aggravated burglary – the most serious burglary offense of all – occurs when someone burglarizes a building or habitation of any kind and causes a victim to suffer serious bodily injury. This is a Class B felony punishable by a fine of up to $25,000 and a standard prison sentence of 8-12 years.

Defense Strategies for Burglary Charges

The Claiborne Ferguson Law Firm, P.A. can skillfully fight your burglary charges. Our ultimate goal is to have your charges dropped or your case dismissed. In order for burglary charges to be prosecuted, it must be proven that you entered the building with the intent of committing a crime.

If you entered the building and decided to commit a felony, theft, or assault inside after the fact, our firm could fight to reduce your charges to shoplifting, theft, or assault alone instead of burglary. We will do everything possible, however, to obtain evidence and build a strong case to defend you from a conviction.

Why Choose the Claiborne Ferguson Law Firm, P.A.?

Our firm has practiced extensively in criminal law for more than 35 years. Our team of skilled lawyers includes Mr. Ferguson who is Certified as a Specialist in Criminal Trial Advocacy by the National Board of Trial Advocacy and has proven his skill and experience in the courtroom.

We can aggressively fight for you in front of a judge and jury and we will not stop fighting until the best possible results have been achieved for your case. Set up a consultation with an attorney from our firm today to find out exactly what we can do to defend you from charges of burglary.

Hire a Memphis Criminal Defense Attorney

At this time, your best decision would be to hire a capable Memphis criminal attorney to review your case and begin building a strong defense. Our firm will provide a comprehensive evaluation of your case and help you make an educated decision regarding your defense.

We focus on extensive trial preparation and will work tirelessly to build the best defense possible for your charges so that you are not wrongfully convicted of a serious felony. Our team can protect your future and your reputation from the damages of a felony conviction, so don't wait.

Contact our Memphis criminal defense lawyers today!