Free Consultations, 7 days a week.
Burglary and Robbery
TENNESSEE CRIMINAL DEFENSE
The Details Matter
Robbery​
​​​Being charged with robbery can feel overwhelming — especially when your side of the story hasn’t been heard. In Tennessee, robbery is considered more serious than a simple theft charge because it involves the use of force or threats. But being charged does not mean you’ll be convicted, and it doesn’t mean your future is already decided.
Robbery under TCA § 39-13-401 is the intentional theft of property from another person through violence, fear, or intimidation—no breaking and entering required.
It escalates based on these circumstances:
-
Robbery involves taking property from someone using force or intimidation
-
Aggravated robbery includes the use of a weapon or results in injury
-
Especially aggravated robbery combines both a weapon and serious bodily injury
​
But not every situation fits neatly into these boxes. Sometimes what’s called a “robbery” is really a misunderstanding, a case of mistaken identity, or a situation that doesn’t rise to the level the state is claiming. Other times, a person may have been present but not involved. These details matter — and they can change everything.
​
Penalties for Robbery in Tennessee
Robbery carries severe consequences, often treated as a "dangerous felony" with mandatory minimums.
Penalties vary:
​
The Evans Law Firm will work with you to look at the full picture. We dig into the facts, protect your rights at every step, and fight to get charges reduced or dismissed when the evidence doesn’t match the accusation. We also know how important it is to keep options open — including alternatives to trial or steps that may protect your record and your future. If you’ve been charged with robbery in Tennessee, the first step is understanding where you really stand. Contact our office, and we’ll talk about your case, your rights, and what comes next.
We're here to help you move forward —
not to judge, and not to scare you.
​
​​​​Burglary​​
​Burglary is a serious offense in Tennessee, but it’s often misunderstood. Many people think burglary means theft — but under the law, it’s not about what was taken. It’s about entering a building or space without permission and with the intent to commit a crime inside. That crime might be theft, but it could also be vandalism, assault, or something else entirely.
What Constitutes Burglary in Tennessee?
Under TCA § 39-13-1002, burglary occurs when a person enters or remains within a structure without the owner's effective consent, with the intent to commit a felony, theft, or assault.
The law distinguishes between types of structures:
-
Non-habitation burglary: Entering The burglary involves a building other than an occupied house (TCA § 39-13-1002), room, or conveyance (like a vehicle) .
-
Vehicle: Involves entering a car, truck, boat, etc. (TCA § 39-13-1002).
-
Habitation Aggravated burglary: Involves eEntering a home or habitationor occupied dwelling, which elevates the charge.
-
Aggravated burglary: Involves a habitation with a weapon or causing bodily injury (TCA § 39-13-1003).
-
Especially aggravated burglary: A burglary that rResults in serious bodily injury or death (TCA § 39-13-1004).
Prosecutors must prove both unlawful entry and intent to commit a crime inside—without intent, it might drop to criminal trespass, a misdemeanor.
Penalties for Burglary in Tennessee
Burglary is always a felony, with sentences guided by Tennessee's sentencing matrix and factors like prior offenses. Key penalties include:
​Common Defenses to Burglary Charges
Challenging a burglary accusation requires scrutinizing the prosecution's evidence.
The Evans Law Firm often leverages these strategies:
-
Lack of Intent: If you entered the property but had no plan to steal or harm (e.g., seeking shelter), it negates the charge.
-
Consent or Mistake: Proving the owner gave permission or you reasonably believed you did (e.g., a shared key misunderstanding).
-
Alibi or Misidentification: Eyewitness errors are common—DNA or video evidence can exonerate you.
-
Duress or Coercion: Forced entry under threat from another.
-
Insufficient Evidence: The state must prove every element beyond a reasonable doubt; gaps in proof can lead to dismissal.
​
Protect Your Future: Contact a Tennessee Criminal Defense Attorney Today
Burglary and robbery charges can upend your life, but a vigorous defense can change the outcome. At The Evans Law Firm, we fight for dismissals, reductions, and justice across Tennessee. With decades of experience navigating Tennessee law TCA updates and local courts, we're here to guide you. Schedule a free consultation now. Don't face this alone; your defense starts here.
