If you have been charged with burglary, having the guidance of a skilled Knoxville burglary lawyer is essential. The theft attorneys at Price Benowitz understand state law and how to challenge the prosecution’s case. We are committed to protecting your rights, examining every detail of your case, and working toward the best possible outcome for you.
There are three different types of burglary under Tennessee Code Annotated § 39-13-1002.
Simple burglary involves unlawfully entering or remaining concealed within a building (not a habitation) with the intent to commit a theft, assault, or other felony. Simple burglary is a Class D felony.
Aggravated burglary is when the alleged crime involves entering a habitation. It is a Class C felony, which is punishable by three to 15 years in prison.
When there are additional elements present, such as causing serious bodily injury during the burglary, the crime is classified as especially aggravated burglary. This felony is upgraded to Class B, and it is punishable by eight to 30 years in prison.
Based on the nature of these felonies, there are mandatory minimum sentences. Accordingly, if you are convicted of any type of burglary in this state, you will serve time in prison. That is why it is important to seek the help of an experienced attorney as soon as possible if you have been charged with burglary in Knoxville.
In order for you to be convicted of burglary, the prosecutor must prove that you entered a building while knowing that you did not have the effective consent of the property owner and that you had the intent to commit a theft, assault, or other felony.
You do not actually have to commit a crime once you are on the premises to be convicted of burglary. Merely entering a premises illegally with the intent to commit a crime meets the elements of the offense. If you have been accused of burglary, contact a qualified lawyer in Knoxville right away.
Defending against burglary charges requires a strategic analysis of the facts and legal elements. Common defenses include lack of intent, where the accused entered a property without intending to commit a felony. Mistaken identity is another viable defense, especially if the evidence linking you to the crime is weak or circumstantial.
Consent to enter can be a powerful argument. If you had permission to be on the premises, the unlawful entry element fails. In some cases, insufficient evidence may lead to dismissal or acquittal. Other defenses include alibi, coercion, or mental incapacity at the time of the offense. An experienced criminal defense attorney in Knoxville could evaluate the facts and build a tailored strategy to challenge the prosecution’s burglary case against you and protect your rights.
Whether or not your burglary case will go to trial depends on several factors, including the strength of the evidence, any prior criminal history, and the prosecution’s willingness to offer a plea deal. Many cases are resolved through plea negotiations, but if a favorable agreement is not reached, or you wish to contest the charges, your case may proceed to trial.
A skilled defense lawyer in Knoxville could assess your burglary case, negotiate on your behalf, and effectively represent you if a trial becomes necessary.
If you are facing burglary charges, the consequences can be serious. A Knoxville burglary lawyer from Price Benowitz could defend your rights and build a strong strategy tailored to your situation. They will thoroughly examine the evidence, explore possible defenses, and fight for the best possible outcome.
Your defense starts with one phone call. Contact us today to schedule a free case evaluation and let us help you protect your future.
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