Skip to Content Top

Memphis Burglary Lawyer

Aggressive Defense Against Burglary Charges in Tennessee

When facing a burglary charge in Memphis, you need a strong legal defense to safeguard your rights and future. The repercussions of a burglary conviction can be life-altering, including severe fines and imprisonment. At Francavilla Law Firm, we are dedicated to providing the top-notch legal representation you need to navigate the complexities of burglary cases in Tennessee.

Call Francavilla Law Firm today at (901) 979-9992 or contact us online to schedule a meeting with our burglary attorney in Memphis!

What is Burglary?

Burglary is a serious criminal offense in Tennessee, defined as unlawfully entering or remaining in a building or property intending to commit theft, assault, or other felonious acts. It is crucial to understand that burglary involves more than just breaking; the key element is unlawful intent. Burglary is classified into three degrees, each with varying degrees of severity:

  • Aggravated Burglary: This is the most severe form of burglary, where the accused is alleged to have entered a habitation with the intent to commit a felony, assault, or theft while being armed with a deadly weapon. Conviction of aggravated burglary can result in significant prison time and lifelong consequences.
  • Burglary: The second-degree burglary charge is applied when an individual unlawfully enters a building intending to commit a felony, assault, or theft without using a deadly weapon. The penalties for burglary convictions can be substantial, including substantial fines and imprisonment.
  • Criminal Trespass: While not classified as burglary, criminal trespass involves unlawfully entering or remaining on another's property without their consent or privilege. While less severe than burglary, it can still result in significant penalties, particularly if the trespasser is armed or intends to commit a crime.

What are the Penalties for Burglary in Tennessee?

Burglary charges in Memphis and throughout Tennessee have severe consequences that can impact your life for years. The specific penalties you may face depend on the degree of burglary you are charged with, your criminal history, and the circumstances surrounding the offense. Here is an overview of potential penalties:

  • Aggravated Burglary: This is a Class C felony, which may lead to a prison sentence of 3 to 15 years and a fine of up to $10,000. Moreover, individuals convicted of aggravated burglary may face a mandatory minimum sentence without the possibility of parole.
  • Burglary (Second Degree): This is a Class D felony, punishable by 2 to 12 years in prison and a fine of up to $5,000.
  • Criminal Trespass: While not classified as burglary, criminal trespass is a Class C misdemeanor. It may result in up to 30 days in jail and a fine of $50.

It's important to note that Tennessee has strict sentencing guidelines, and the penalties for burglary can be exacerbated if additional factors are involved, such as using a weapon or a prior criminal record. A conviction for burglary can also impact your life, affecting your employment opportunities and reputation.

How to Defend Against Burglary Charges

Defending against burglary charges in Memphis requires a comprehensive understanding of Tennessee's criminal laws and a strategic legal approach. At Francavilla Law Firm, we have successfully defended numerous clients facing burglary charges, utilizing various defenses tailored to the specific circumstances of each case:

  • Lack of Intent: To secure a burglary conviction, the prosecution must prove that the defendant entered the premises intending to commit a felony, theft, or assault. Challenging the prosecution's ability to establish intent is a common defense strategy.
  • Mistaken Identity: Sometimes, individuals are wrongfully accused of burglary due to mistaken identity. Our experienced attorneys can investigate and present evidence to prove that you were not the person who committed the alleged crime.
  • Property Ownership or Consent: We may argue that the accused had a legitimate right to be on the property or had obtained consent from the owner. This defense can be effective in cases of misunderstanding or confusion.
  • Violation of Constitutional Rights: If law enforcement conducted an unlawful search or violated your constitutional rights during the arrest, we can challenge the evidence obtained and potentially have it suppressed.
  • Alibi: Providing a strong alibi can be an effective defense strategy. We work with our clients to gather evidence and witnesses that can attest to their whereabouts during the alleged burglary.

Contact Our Memphis Burglary Attorney Today

Facing burglary charges in Memphis is a daunting experience. The legal team at Francavilla Law Firm understands the complexities of Tennessee's criminal justice system and is committed to providing you with the strongest legal defense possible. We have a track record of success in defending clients against burglary charges, and we will vigorously protect your rights and work towards the best possible outcome for your case.

Contact Francavilla Law Firm today to schedule a consultation with our burglary lawyer in Memphis!

  • Tennessee Association of Criminal Defense Lawyers Member
  • Guest lecturer for Memphis Bar Association
  • Guest lecturer for Shelby County Public Defender's Office
  • Guest lecturer for Ben F. Jones Chapter
  • Guest Lecturer at the Tennessee Bar Association
  • AAAA Top Ranking DUI Defense Attorney
  • Guest Lecturer at ITT Technical Institute
    "I cannot express how thankful I am for your personal guidance, professional service, and dedication."
    Phone calls and emails were always answered, and of course, the outcome was a very pleasant surprise. I felt a huge burden lifted from my shoulders and experienced a few tears of joy driving home.
    - Sam
    "Thanks for your kindness and concern with my case."
    You set the standards that every lawyer should follow!
    - John
    "Thank you for the “fresh start”"
    You did an excellent job maneuvering through this mess. Your office is very professional as well.
    - Jane
    "I really can’t thank you enough."
    I have never been in such a scary situation, and I’m so glad I finally found someone who could get me out of it.
    - Lisa
    "I was given one of the greatest gifts of my life, that of my freedom."
    The end result is that now I do have a life going forward; my professional career will not be destroyed, nor will my educational pursuit of obtaining a doctorate degree.
    - Jean
    "I am confident that I would not have been able to achieve such great results with my case if it had not have been for your hard work."
    I really appreciate you being able to turn this into a learning experience that was not detrimental to my future.
    - Stephanie

Why Choose Francavilla Law Firm?

  • I Represent Clients the Way I Would Represent Family
  • Certified in DWI Detection & Standardized Field Sobriety Testing
  • Thorough, Prepared, & Knowledgeable
  • Direct Access & Representation from Start to Finish

Contact Us Today

We’re Ready to Help

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy