Theft and Burglary are related crimes that can be charged separately under Tennessee law. Burglaries don’t necessarily result in thefts, and not all thefts are burglaries. However, both can result in jail time, and both require experienced and zealous representation.
If you are arrested on burglary or theft charges, your first step must be to protect your rights.
Theft Defense
According to Tenn. Code Ann. 34-14-103, a theft occurs when
A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner’s effective consent.
Theft is punished based on the value of the property stolen. Theft under $500 is a misdemeanor, but as the amounts increase, so do the possible punishments. Any theft above $500 qualifies as a felony charge.
Like any crime, an accusation of theft brings significant consequences. Restitution can be ordered, and once convicted of theft, you are forever considered guilty of a crime of dishonesty, whether convicted of a felony or misdemeanor.
Vigorous representation is not only recommended, it is required.
Burglary Defense
Burglary under the law is a bit different than the common understanding of the term. In Tennessee, burglary just means entering a building (which actually just means crossing the plane of the building), with the intent to commit a felony, theft or assault. Burglary can result in a 2 to 12 year sentence.
Aggravated Burglary is burglary, but with entering a habitation. Aggravated Burglary carries a 3 to 15 year sentence. Especially Aggravated Burglary occurs when one commits an Aggravated Burglary and the victim suffers a bodily injury, and it carries an 8 to 30 year sentence.
Most burglaries can be defended, as proof regarding the intent to commit a felony, theft or assault can be difficult to prove. Often times, a burglary as charged actually ends up being a criminal trespasses, a rather minor Class C misdemeanor.
If you have been accused of a theft or burglary, do not hesitate to contact us. You can make an appointment by phone at (615) 346-2213, or complete the form below and someone from our office will contact you.
We Can Help
Please fill out the form below and our office will contact you to set up an appointment. Please include the following in the submission form:
- your full name
- any case numbers you have in your possession
- the crime(s) with which you have been charged
- your next court date
Don’t worry if you don’t know all the above. If you don’t have all the above information, we will be happy to find it out for you. You can also call us at (615) 346-2213.
