There are several differences between burglary and robbery. First, burglary occurs when an individual enters a structure in the absence of permission. In addition, that individual breaks and enters in order to commit another offense, such as theft. However, the proceeding offense does not have to be theft. There are many offenses that result from burglary. Conversely, robbery involves theft of money or property through the threat or use of violence against a person. In the crime of robbery, the victim must be present.

In the crime of burglary, it is not likely that the victim will ever be confronted by the perpetrator, unless the proceeding crime is assault, murder, or kidnapping. In order to make the distinction between robbery and burglary, it is sometimes necessary to ascertain the perpetrator’s intent. In the crime of robbery, the intent is to steal from a victim using violence or a specific threat of violence. Many times, the robber presents evidence of a weapon, which would be armed robbery. However, a weapon is not necessary in order to classify a crime as robbery. In most cases, a burglar does not intend violence, unless their proceeding crime includes the use of violence. Many times, a robber first makes clear that their intent is to cause harm if the victim does not comply with their demands. Next, the robber will make clear what their demands are. For example, they may hold a gun to someone’s head while making a demand for cash and jewelry. When the perpetrator utilizes a weapon, it is considered armed robbery. However, a weapon is not necessary to make valid threats or instill fear in a victim. For example, a robber may state where the victim lives, as they view the victim’s driver’s license. By doing this, they are making sure that the victim complies with all demands. The perpetrator may tell the victim they will be harmed if they report the crime to police. In general, robbers are able to subdue victims with a threat alone. In contrast, burglars simply commit their crime, without usually seeing the victim.

On occasion, burglars do run into their victims, but it is often by accident. The burglar’s intent usually determines if there will be victim contact. The most common proceeding crime for a burglar that has gained entry into a structure is theft. In that case, burglars will likely avoid contact with their victim. If, however, their intent is to commit a more serious proceeding crime, they may seek contact with the victim. In general, burglars never come face to face with their victims. They simply enter a structure and commit their additional offense, which is usually theft, whereas robbers utilize force or the threat of violence to be sure that their victim meets their demands. In some cases, the perpetrator will have a weapon, and in others, they simply threaten violence. In either case, the victim is present during the crime and confronted with threats for non-compliance. –

I just got arrested for a DUI, what next?

The first thing you should do is keep quiet. If you’ve been arrested, you should tell the police you are exercising your right to remain silent until you speak with an attorney. Things you do or say in the presence of the police WILL be used against you in court. Next, do not refuse to take the blood test when the police request your permission. You may refuse to take field sobriety tests, such as standing on one leg. However, the Implied Consent law requires you to take a blood or breath test when you are arrested on suspicion of DUI. If you refuse the test, regardless of the outcome of your DUI case, the State of Tennessee will revoke your driving privileges for one year. Finally, go hire a lawyer, who you are comfortable with. DUI cases are full of complex issues and have significant consequences. You don’t want to fight this battle alone.

What is alternative sentencing?

Alternative sentencing is anything other than incarceration. It may be supervised probation; unsupervised probation; state probation; community corrections; work release; house arrest; community service work; rehab; etc….

Defining Theft Under Tennessee Law

Tennessee criminal statutes say that “a person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner’s effective consent.” (Tenn. Code. Ann. § 39-14-103.) Basically, you commit theft in Tennessee by unlawfully taking someone else’s property while having no intent to give it back to its owner.

Classification and Penalties for Theft in Tennessee

As is the case in many states, Tennessee classifies theft offenses according to the value of the property or services involved in the offense. Let’s take a closer look at each level of theft offense in Tennessee, beginning with misdemeanor theft, which is commonly referred to as petty theft, and is the lowest level of theft offense in Tennessee.

Class A Misdemeanor Theft

Theft is classified as a Class A misdemeanor in Tennessee if the value of the property or services stolen is $500 or less. (Tenn Code Ann. § 39-14-105(1).) The punishment for a Class A misdemeanor in Tennessee includes imprisonment for a term of no more than 11 months and 29 days, a fine of no more than $2,500, or both. (§ 40-35-111(e)(1).)

Class E Felony Theft

Theft constitutes a Class E felony in Tennessee if the value of the property or services stolen is more than $500, but less than $1,000. (§ 39-14-105(2).) The punishment for a Class E felony in Tennessee includes imprisonment for a term of not less than one year and not more than six years, and a fine of no more than $3,000. (§ 40-35-111(b)(5).)

Class D Felony Theft

Theft becomes a Class D felony in Tennessee if the value of the property or services stolen is $1,000 or more but less than $10,000. (§ 39-14-105(3).) The punishment for a Class D felony in Tennessee includes imprisonment for a term of not less than two years and not more than 12 years, and a fine not to exceed $5,000. (§ 40-35-111(b)(4).)

Class C Felony Theft

Theft is classified as a Class C felony in Tennessee if the value of the property or services stolen is $10,000 or more but less than $60,000. (§ 39-14-105(4).) The punishment for a Class C felony in Tennessee includes imprisonment for a term of not less than three years and not more than 15 years, and a fine not to exceed $10,000. (§ 40-35-111(b)(3).)

Class B Felony Theft

Theft constitutes a Class B felony in Tennessee if the value of the property or services stolen is $60,000 or more. (§ 39-14-105(5).) The punishment for a Class B felony in Tennessee includes imprisonment for a term of not less than eight years and not more than 30 years, and a fine not to exceed $25,000. (§ 40-35-111(b)(2).)

Civil Penalties for Theft Under Tennessee Law

When a person commits theft from a store in Tennessee, and the district attorney does not object, the store owner or seller of the merchandise can seek a civil penalty against the offender, instead of pursuing any criminal penalties for theft against the offender. This situation occurs mostly in the context of shoplifting cases.

The amount of the civil penalty depends upon the condition of the stolen merchandise. If the merchandise is not recovered or is returned damaged, the offender will be responsible for paying a penalty that is the greater of either $100, or three times the amount of the damage to the merchandise, including its full retail value if the item is not recovered.

If the merchandise is recovered and is still in sellable condition, the penalty is the greater of $100 or two times the retail price of the merchandise.

Keep in mind that this civil penalty is not an option if the listed retail price of the stolen merchandise is more than $500.

The parent or legal guardian of a minor who has committed theft can be held civilly liable for the same amounts listed above, if the parent or legal guardian was negligent in supervising the minor. (Tenn. Code Ann. § 39-14-144).

Effect of Prior Convictions on Current Theft Charge in Tennessee

Tennessee statutes on theft do not specifically address the effect of prior convictions on a subsequent theft charge in Tennessee, but any criminal conviction on your record — whether for a theft-related offense or for any other misdemeanor or felony — will almost certainly mean harsher punishments at sentencing time.

Tennessee’s criminal sentencing guidelines mandate progressively harsher punishments for people whose criminal history indicates they are a “standard offender,” “multiple offender,” “persistent offender,” or “career offender.”

1.Texting While Driving Law (TCA 55-8-199) Texting while driving a vehicle in Tennessee is illegal.
2.Move Over Law (TCA 55-8-132) When approaching a stopped emergency vehicle with visual emergency lights activated, drivers are required to yield the right-of-way to the vehicle by moving into the closest available lane from the emergency vehicle, whenever possible. When the roadway does not provide an additional lane, drivers are required to slow down and provide as much space as possible to protect emergency vehicle operators in action.
3.Seat Belt Law (TCA 55-9-603) Tennessee is a primary Safety Belt state. Drivers are required to wear safety belts at all times when operating a motor vehicle in Tennessee. Drivers are also responsible for ensuring that all passengers are belted in.
4.Speeding in Construction Zones Law (TCA 55-8-153) Drivers are required to obey speed limits at all times, especially when workers are in a construction zone. Violators are subject to a minimum $250.00 fine.
5.Handgun Carry Permit Law (TCA 39-17-1351) Tennessee allows out-of-state residents who possess a legally issued Handgun Carry Permit to bear a handgun; Tennessee laws regulating the use and carry of a handgun shall take precedence. To view Tennessee law and listing of states Tennessee has reciprocity agreements with, select the following link: http://www.tn.gov/safety/handgun/reciprocity.shtml
6.Tennessee’s DUI Law and Penalties (TCA 55-10-401 and 55-10-403) Individuals are presumed to be under the influence of alcohol with a Blood Alcohol Concentration (BAC) of .08%. First time offenders are subject to a $350.00 minimum fine and 48 hours in jail. Vehicle towing and storage will also be charged to offenders. Enhanced penalties and sanctions will result if BAC is greater than the legal limit or if children are present at the time of arrest.
7.Maximum Length of Recreational Vehicle Combination Law (TCA 55-7-201) The maximum length of this type of combination vehicle is sixty-five feet (65′). Any towed vehicle shall also be securely attached to the pulling unit and equipped with functional brake and signal lights.
8.Child Restraint Devices Law (TCA 55-9-602) All child passengers through the age of eight (8) must be secured in a Child Restraint Device. Infants are required in a rear facing child restraint device in the rear seat, if available, until the age of one (1) or weighing twenty pounds (20 lbs.) or less. Children ages one (1) through three (3) weighing greater than twenty pounds (20 lbs.) must be in a child restraint device in a forward facing position in the rear seat, if available. Children ages four (4) through eight (8) and less than four-feet, nine inches (4’ 9”) in height must be in a booster seat in the rear seat, if available. Children above the age of nine (9) must be secured by a safety belt restraint system.
9.Motorcycle Helmet Law (TCA 55-9-302) All motorcycle operators and passengers are required to wear a helmet. Helmets must meet federal motor vehicle safety standards and be certified by the Department of Transportation (DOT).
10.Open Container Law (TCA 55-10-416) Drivers shall not consume or possess an open container of an alcoholic beverage or beer while operating a motor vehicle in Tennessee.

At Criminal Defense, LLC, We’ve Got Your Back

A conviction for DUI or other criminal offense in the State of Tennessee has potential for serious consequences, effecting you the rest of your life. Often times, a conviction can result in serious jail time and a lengthy and restrictive probation.
When you go to Court without the help of a skilled and experienced DUI attorney who knows Tennessee Law, you are going in alone and unprotected. Your attorney is the only one who has the exclusive responsibility to protect your rights. Many of the people who you come into contact with in Court are primarily interested in moving your case through the system as quickly as possible. This is not in your best interest.

You need an aggressive attorney who knows Tennessee DUI and Criminal Defense Laws. We know the right questions to ask the arresting officer such as, why you were stopped by the police, how you performed on the sobriety tests, whether the officer completed a 15-minute observation period prior to the breath test, if the machine had any history of malfunction, and many other factual events leading up to your arrest.

Call us now so that we can review your case, and discuss your options and legal rights.

While making dinosaurs from ancient trace DNA may be the stuff of fiction, prosecuting crimes with the microscopic forms is very real. The Tennessee legislature has recently passed a bill making DNA an even greater legal dynamo and diminishing the protections that statutes of limitation are meant to provide. In other words, if you committed a crime in the nineties, for example, get nervous.

Tennessee Code Annotated § 40-2-104 provides that one of the ways a prosecution begins is by the issuance of a warrant for arrest. Effective July 1, 2013, Tenn. Code Ann. § 40-2-104 will include an amendment allowing the prosecution to issue an arrest warrant with just a DNA profile as the identifier of the offender. This legislation effectively nullifies any statute of limitation for crimes that involve the collection of DNA, as long as the arrest warrant is issued before the statute of limitations. The passage of the statute comes after last year’s Tennessee Supreme Court decision that upheld the attempted rape conviction of Robert Jason Burdick known to many as the “Wooded Rapist.” State v. Burdick, 395 S. W. 3d 120 (Tenn. 2012).

In Nashville back in 1994, a prominent attorney was attacked in her home in the middle of night. This assault came during a time when a series of sexual based attacks were occurring against women spanning several counties. The attorney fought the rapist, and in the struggle bit his hand, ripping off skin. After giving up from the victim’s ferocity, the Wooded Rapist instructed her to go into the bathroom and left the scene. A DNA profile was developed from the skin left behind.

The statute of limitations on attempted rape is eight years in Tennessee. In 2000, an arrest warrant was issued for John Doe with the DNA profile as the additional identifier. In 2006, an, indictment was issued for John Doe, arrest warrant GS122, and the Davidson County Criminal Court issued a capias in replacing the unserved warrant.

In 2008, fingerprints from a 1999 application for employment for the Department of Corrections were matched with the skin recovered from the scene and linked to Robert Jason Burdick. He was brought in and a DNA test was done. It was also a match. After being indicted, he was tried and convicted of aggravated attempted rape. The court found that a criminal prosecution has started if a warrant has been issued, and that DNA is unique to the person, therefore, it is enough of an identifier to list on a warrant even without a name.

The Tennessee legislature has now codified this ruling. Essentially any criminal act, if DNA was left behind, can be prosecuted years later as long as the warrant with the DNA identifier is issued before the statute of limitation’s running. The burglar who cut his arm on the window glass, the assailant who spit on her victim before fleeing, and the white collar thief whose hair follicle fell onto the keyboard as he downloaded the company secrets, are all examples of those that could be brought into court to defend the crimes of their past decades. While we may not be able to build dinosaur theme parks from DNA, the state of Tennessee can reach deep into the past to prosecute us for the crimes we had forgotten that we committed.

By Daniel P. Bryant, Attorney at Law
and Angela Middleton, Paralegal

Facing a criminal charge is a frightening and critical point in your life and choosing an attorney to defend your rights may be one of the most important decisions you ever make. And we know being charged with a crime is difficult, so we’re here to help.
We are Criminal Defense, LLC. Our focus is on making sure that you get the highest level of legal representation possible. We are here to listen to your concerns and explain the way the law may affect you. We will fight aggressively for your rights and for your liberty.
Criminal charges are serious. You know it. We know it. And that is the approach we take to your defense. Our attorneys have defended hundreds of accused individuals all over West and Middle Tennessee and have the experience to guide you through this difficult time.
We’re recognized in the court system for integrity, effectiveness, and dedication to our clients’ best interests.
Our commitment to each and every client is clear.
We offer criminal defense in a wide range of cases, including, but not limited to:
•Drug Charges
•Theft or Stolen Property
•Sex Crimes
•Domestic Violence
•Juvenile Crimes
•Probation Violations
•Assault and Violent Crimes
•Child Abuse
You have a lot of choices in which law firm to hire to defend you. If you choose us, you can count on a legal team who will work with you, listen to you and defend you throughout your case.