Burglary – Criminal Lawyers in Memphis – Brooks Law Firm
39-14-402. Burglary & § 39-14-403 Aggravated burglary
Burglary is the entering of a building (not open to the public) without the consent of the property owner, while having the intent to commit a felony, theft or assault. Hiding in building after it closes with the intent to commit a theft or felony is considered burglary as well. It is also considered burglary to enter any freight or passenger car, truck, trailer, boat, airplane or other motor vehicle with intent to commit a felony or theft. Depending on the circumstances, Burglary can be a Class D felony or a Class E felony.
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It is considered a more serious charge called Aggravated Burglary if the building entered is a home or “habitation.” A habitation is any structure which used for the overnight accommodation of persons (houses, mobile homes, tents, etc.). Aggravated burglary is a Class C felony. Since the word habitation is defined under the law very broadly, a wide range of structures can be considered habitations for the purposes of an aggravated burglary charge. Depending on the facts of the case, being convicted of burglary can mean anywhere from 1-12 years in prison, and expensive fines.
There have been major changes from the previous laws concerning burglary in Tennessee. This means that the laymen understanding of what burglary is may not be the same as how Tennessee courts understand it. Probably the most notable difference is that the “day and night” distinction which used to distinguish burglaries from other offenses was abandoned. Further, a “breaking” and entering is no longer necessary – it is enough that a person entered without the owner’s “effective consent.”
While everyone understands that a criminal record can have a negative impact on your career and job prospects, criminal convictions related to theft and dishonesty (such as burglary) can be especially damaging. Employers may be reluctant to hire someone who is convicted of such a crime, so it is imperative that you speak with an experienced criminal defense lawyer if you are charged with burglary or a related offense. Since there are many factors to consider in a burglary case, effective representation can mean the difference between a felony conviction and having the charges dismissed. Therefore, seek a qualified attorney to discuss your rights.
Misdemeanor and felony convictions can have serious consequences on your job and family. The Criminal Defense Lawyers at Brooks Law Firm understand what you are facing and we will work hard to protect your rights.
The first hours and days can be crucial to your defense. Brooks Law Firm will work hard to negotiate the best settlement of your case. Including the dismissal of your misdemeanor and felony charges from your record.
Brooks Law Firm is dedicated to fighting for your freedom and the ability to move on after your case. Brooks Law Firm asks the tough questions. Did the prosecution prove their case? Were there extenuating circumstances? Did the officers involved violate your constitutional rights? There are many possible defenses that could exist in a theft case, and you have more options than just pleading guilty. Call today and talk to Patrick Brooks. Memphis criminal defense attorneys are ready to talk about your theft charges and all options for moving forward. Brooks Law Firm offers the initial consultation for free. Call (901) 324-5000.
AGGRESSIVE CRIMINAL DEFENSE FOR MEMPHIS AND SHELBY COUNTY TENNESSEE
Mr. Brooks will work across the divisions of the judicial system to get you the best possible result. Judges and prosecutors respect his drive and the personal touch he gives both the cases and criminal clients he represents. You need a skilled attorney ready to get the best results possible in plea negotiations and courtroom presence. Brooks Law Firm has Spanish Interpreters available at a moment’s notice. Brooks Law Firm is fair, and works with clients involving costs, fees, and fines associated with your criminal charges. When you need a criminal defense lawyer in Memphis and Shelby County, Tennessee that will fight for your rights both inside and outside the courtroom, Attorney Patrick Brooks is who you should call.
FREE CONSULTATION WITH A THEFT LAWYER IN MEMPHIS CALL (901) 324-5000
Our office is conveniently located in the heart of midtown Memphis and is handicap-equipped for disabled persons. We accept cash and credit cards and we will work with clients on payment plans when that option is available to suit the needs of the client. Call Patrick Brooks Law Firm’s attorneys for a free consultation today regarding your criminal charges. Our criminal lawyers practice in: Arlington, Bartlett, Cordova, Collierville, Germantown and Millington, Tennessee.