If you have been accused of burglary, aggravated burglary, or especially aggravated burglary in Knoxville, Sevierville, or surrounding areas you are facing a charge that can affect you for the rest of your life.
Whether you have been charged with a state or federal offense, the legal choices you make at the beginning of your case can be the most important, especially your choice of an attorney. Our firm has successfully handled many burglary cases in Tennessee. Our dynamic Knoxville and Pigeon Forge area criminal defense lawyers can help you through what could be a defining point in your life. With so much at stake, do not settle for an inexperienced defense lawyer. As skilled negotiators, we will do everything in our power to defend your rights and work toward the best possible outcome.
Under Tennessee's modern burglary statute, TCA ยง 39-14-402, a person may be charged with burglary if he or she commits one of the four following acts without the consent of the property owner:
Entry into a Building other than a Home
A person commits burglary when entering a non-public building (i.e., not open to the public), other than a "habitation," with intent to commit a felony, theft, or assault. Thus, burglary is committed even if you enter a building that is not used as a home or dwelling place.
Entry into a Building and Commission of a Felony
A person commits burglary if he or she enters a building and commits or attempts to commit a felony, theft, or assault. The burglary charge would be in addition to any charge for the felony, theft, or assault, thus resulting in more severe Tennessee criminal charges for the accused.
Hiding with Intent to Steal
A person commits burglary when, while remaining concealed, he or she intends to commit a felony, theft, or assault, in a building. For example, someone who hides in a store bathroom while waiting for the store to close and staff to leave is guilty of burglary if he or she also intends to steal things or commit a felony such as vandalism.
Burglary within Vehicles
A person commits burglary when he or she enters any train, automobile, truck, trailer, boat, airplane or other motor vehicle with the intent to commit a felony, theft, or assault or commits or attempts to commit a felony, theft or assault.
Violations for entering buildings constitute Class D felonies, while violations for entering vehicles constitute Class E felonies.
To be found guilty of burglary the state must prove an unlawful entry beyond a reasonable doubt. Under the burglary statutes, a person "enters" a building without fully entering the building, by, for example, putting his or her arm into the building. A person also "enters" the building if he or she causes other objects, such as remote control vehicles, to enter the building.
Burglary of a "habitation" constitutes aggravated burglary, which is a Class C felony. In Tennessee judicial parlance, "habitation" refers to buildings, module units, mobile homes, trailers, and tents, which are designed or adapted for the overnight accommodation of persons.
A person may be charged with especially aggravated burglary if someone is seriously injured during the commission of the burglary. The person sustaining the injury, however, must lawfully be on the premises. Especially aggravated burglary is a Class B felony.
There are complex legal issues involved in burglary cases. Our burglary lawyers serving Sevierville and Knoxville have the experience necessary to help our clients understand these issues and involve them in their criminal defense. By engaging in fierce representation and investigating such matters as evidence suppression and witness credibility, our burglary lawyers help clients in Pigeon Forge, Sevierville, Knoxville and surrounding areas mount a strong case to defend themselves against burglary charges.
Do not put your case and your life at risk by making the wrong legal choices. Discuss your burglary case with an experienced criminal defense lawyer at either of our offices in Sevierville or Knoxville.
To schedule a complimentary evaluation with a criminal defense lawyer at our office serving Pigeon Forge, Knoxville, and Sevierville, complete the form below.
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Knox County
2126 First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929
Phone: 865-521-0001
Sevier County
121 Court Avenue
Sevierville, Tennessee 37862
Phone: 865-428-2888
Washington County
300 East Main Street
Johnson City, Tennessee 37601
Knoxville Criminal Defense Lawyer Disclaimer: The Tennessee criminal defense, criminal charge, arrest, defense or other legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a Tennessee criminal lawyer or criminal defense attorney at our Tennessee law firm. This web site is not intended to solicit clients for matters outside of the State of Tennessee.
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