Memphis Burglary Lawyers

Defending the Rights of the Accused Since 2000

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.

Ferguson McNeil Law Firm, P.A. is a Memphis-based criminal defense firm focused exclusively on defending individuals accused of serious offenses across Tennessee. With decades of courtroom experience and a reputation built on preparation and persistence, our attorneys provide clients with clear guidance, steady communication, and a defense strategy grounded in both legal knowledge and practical insight.

Call (901) 878-5434 to schedule a free and confidential case review with a burglary defense attorney.

Why Trust Ferguson McNeil Law Firm, P.A. to Be Your Advocates

When you are charged with burglary in Tennessee, the defense team you choose matters. Ferguson McNeil Law Firm, P.A. brings more than 30 years of focused criminal law experience to every case, combining proven trial skill with in-depth knowledge of Memphis court procedures.

What sets our firm apart:

• Board-Certified Leadership. Attorney Claiborne Ferguson is a Certified Specialist in Criminal Trial Advocacy through the National Board of Trial Advocacy, a distinction earned by few attorneys nationwide. His leadership shapes the standards and preparation behind every case our firm handles.
• Local Courtroom Experience. Our attorneys appear regularly at the Shelby County Criminal Justice Center and understand how Memphis judges and prosecutors approach burglary cases. This familiarity helps us anticipate strategies and build effective defenses.
• Proven Track Record. We have defended clients from every part of the Memphis area, earning a reputation for determined and ethical advocacy.
• Thorough Case Preparation. Each case is prepared as if it will go to trial. We investigate every piece of evidence, file targeted motions, and explore all available legal options to strengthen your defense.
• Client-Focused Representation. We communicate clearly, explain your options, and guide you through each stage of the process so you can make informed decisions about your future.

We Offer Free & Accessible Initial Consultations

Ferguson McNeil Law Firm, P.A. offers free initial consultations so you can understand your options before taking the next step. Whether you are under investigation or have already been charged, meeting with our team allows you to discuss the facts of your case, ask questions directly, and receive clear, practical guidance about what to expect next.

We understand that legal challenges can arise unexpectedly, which is why we also provide secure video consultations for clients who cannot meet in person. This flexibility ensures you receive the same level of attention and confidentiality wherever you are in Tennessee.

Our staff includes team members who speak both English and Spanish, making it easier for clients and their families to communicate comfortably and stay fully informed throughout the process.

What is Considered to Be Burglary? 

Under Tennessee Code Annotated § 39-14-402, burglary occurs when someone enters a building, structure, or vehicle with the intent to commit a felony, theft, or assault inside. “Enter” is defined broadly. Any intrusion of the body or an object in contact with the body can qualify, which means even reaching into a window or using an object to gain access may meet the legal threshold for burglary.

Local law enforcement treats burglary as a serious property offense. Investigators often move quickly, gathering surveillance footage, witness statements, and physical evidence to support a charge. Prosecutors also may pursue enhanced penalties for cases near schools, businesses, or government facilities.

Ferguson McNeil Law Firm, P.A. provides defense for every stage of a burglary case, from the initial investigation through trial. Our attorneys review how police obtained evidence, whether the alleged entry meets the legal definition of burglary, and whether the state can prove intent beyond a reasonable doubt.

Types of Burglary Charges We Defend Against

Tennessee law divides burglary into three main degrees, based on where the alleged offense occurred and whether force or injury was involved. Ferguson McNeil Law Firm, P.A. represents clients across all burglary classifications, from vehicle-related offenses to cases involving residential entry or injury.

We defend against charges of:

• Simple Burglary. Involves entering a building, business, or vehicle with intent to commit a felony, theft, or assault. Charges can range from Class E to Class D felonies, depending on the location and circumstances.
• Aggravated Burglary. Refers to the unlawful entry of a residence or habitation. This offense carries a higher felony classification because it involves a person’s home or living space.
• Especially Aggravated Burglary. The most serious burglary charge, involving allegations of serious bodily injury during the offense.

Your Rights & Legal Options After a Burglary Charge

A burglary charge in Memphis demands a focused, informed defense. Ferguson McNeil Law Firm, P.A. guides clients through every stage of the legal process, providing clear direction and a defense strategy built around the facts of the case.

Most burglary cases in Memphis move through the Shelby County Criminal Justice Center at 201 Poplar Avenue. Our attorneys appear there regularly and understand how local judges and prosecutors handle these cases. From arraignment to potential trial, we prepare clients for each step, ensure deadlines are met, and work to position every case for the best possible result.

What we help you understand and protect:

• Your Right to Remain Silent. We make sure your rights are upheld during questioning and that law enforcement follows proper procedure.
• Your Right to Representation. Our attorneys handle communication with investigators and prosecutors, keeping your defense controlled and strategic.
• Negotiation & Plea Discussions. When appropriate, we evaluate whether a plea agreement aligns with your long-term interests and negotiate terms that minimize penalties.
• Possible Defenses. We identify weaknesses in the prosecution’s case, including lack of intent, mistaken identity, or improper search and seizure.
• Rebuilding After Charges. We address both the legal and practical impact of a burglary accusation, helping clients protect their reputation and move forward.

What is the Difference Between Robbery & Burglary?

Robbery and burglary are distinct criminal offenses with specific legal definitions and elements.

• Robbery means taking property directly from another person by force, intimidation, or threats. The core elements of robbery include direct confrontation with a victim and the use of force or intimidation. Because there is direct interaction and possible harm, robbery is considered a violent crime and is typically punished more harshly than property crimes.
• Burglary involves unlawfully entering a building or structure to commit a crime inside, usually theft. Unlike robbery, burglary does not require a victim to be present or the use of force or threats. The key element in burglary is unauthorized entry with criminal intent. Although usually less severe than robbery, burglary can bring tough penalties, especially if it occurs in an inhabited place or causes property damage.

Penalties for each offense vary, with robbery bringing harsher sentences because of its violent nature. If you have questions about your case, contact our team to learn more about your rights and options.

Common Defense Strategies for Burglary Charges

Ferguson McNeil Law Firm, P.A. approaches every burglary case with a clear objective: to challenge the state’s evidence and protect our client’s future. Tennessee law requires prosecutors to prove that you entered a property with the intent to commit a felony, theft, or assault. Our attorneys focus on exposing weaknesses in that claim and ensuring that your rights are protected throughout the process.

We examine every detail of the investigation, from how officers collected evidence to whether searches were conducted legally. Errors in warrants, witness statements, or forensic handling can undermine the prosecution’s case. Our team also considers how Shelby County courts evaluate factors such as prior history, the nature of the property involved, and the circumstances of entry.

When evidence suggests that intent formed only after entry, we pursue strategies to reduce the charge to a lesser offense such as theft or criminal trespass. Ferguson McNeil Law Firm, P.A. combines local courtroom experience with precise legal analysis to pursue dismissals, charge reductions, or other outcomes that limit long-term impact.

What Happens After a Burglary Arrest in Memphis?

If arrested for burglary in Memphis, authorities usually take you to the Shelby County Jail for booking. Afterward, you typically appear at the local courthouse for arraignment, where a judge explains the charges and considers bond. Memphis uses a bond schedule, but the judge sets the actual amount based on your background and details of the offense. It's common to wait in jail for a hearing, as crowded courts can set dates days or weeks out.

Memphis police and the district attorney's office often coordinate on these cases, especially if they believe the incident is part of a pattern or involves repeat allegations. If the alleged burglary happened near a school or a business, the impact on the local community may affect bail and future court proceedings. A team familiar with Memphis criminal law can help you anticipate court timelines and critical steps as your case moves forward. Being informed about these processes empowers you to make confident choices as your case develops.

How a Burglary Conviction Can Affect Your Future

A burglary conviction in Tennessee can impact nearly every part of your life. Beyond the immediate penalties, a felony record can limit housing, employment, and professional licensing opportunities. In Memphis, where landlords and employers routinely conduct background checks, even a single conviction can close doors that are difficult to reopen.

Ferguson McNeil Law Firm, P.A. helps clients understand and address these long-term effects while fighting for outcomes that reduce lasting harm. We seek resolutions that avoid incarceration whenever possible, such as diversion, probation, or reduced charges that may later qualify for expungement. Our attorneys also guide clients through post-conviction steps to protect their rights and rebuild stability.

Convictions can also affect family relationships and child custody arrangements. Probation and community supervision in Shelby County involve strict compliance requirements, and any violation can quickly lead to further penalties. Our team prepares clients for what to expect, helps prevent missteps, and works toward solutions that preserve future opportunities.

Contact us today to schedule a free consultation with our Memphis burglary lawyers.

Frequently Asked Questions

How long does a burglary case usually take?

The length of a burglary case in Shelby County depends on the court’s schedule, the complexity of the case, and whether the case goes to trial. Most cases resolve within several months, but complex matters may take a year or longer to reach all hearings and a possible trial.

Will a burglary conviction keep me from getting a job?

Many employers in Memphis conduct background checks, so a burglary conviction can affect job opportunities. Some jobs, especially those with access to property or money, may automatically disqualify people with theft-related convictions from employment.

Can the court reduce burglary charges to a lesser offense?

The court has discretion based on the facts and arguments in each individual case. In some situations, a judge or prosecutor may agree to reduce charges if the evidence supports a lesser offense or if mitigating factors apply.