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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:
- Simple burglary
- Aggravated burglary
- 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 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.
Over 35 Years of Criminal Defense Experience
Rated as Top Attorneys for Criminal Defense
Our Lead Attorney has a 10.0 "Superb" Avvo Rating
2013-2018 Avvo Clients' Choice Award for Criminal Defense