Memphis Burglary Lawyer
Experienced 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
Defenses 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
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!