Difference Between Burglary and Robbery in Tennessee Law: What You Need To Know
At Byron Pugh Legal, we focus on protecting the rights of people facing serious criminal charges in Tennessee. Our firm is based in Nashville, and we fight for clients charged with burglary, robbery, theft, and other felony offenses. We know how quickly a criminal record can change a person’s life, and we work to secure the best possible outcome in every case. Whether through negotiation or trial, our goal is to provide strong and effective defense for every client we represent.
Many people confuse burglary and robbery, but under Tennessee law they are different crimes with distinct elements and penalties. Burglary involves unlawful entry into someone else’s property with intent to commit a crime inside, while robbery involves taking property directly from a person through force or fear. Understanding this difference between burglary and robbery is important because the charges carry separate statutes, felony classifications, and long-term legal consequences.
A Nashville criminal defense lawyer can help explain these charges and defend against them in court.
Defining Burglary Under Tennessee Law
Burglary is a serious property crime under Tennessee statutes. It involves unlawful entry with the intent to commit a crime inside.
Tennessee Statute on Burglary
Tennessee Code Annotated § 39-14-402 defines burglary. The law states that a person commits burglary when they unlawfully enter a building, habitation, or vehicle without the owner’s consent and intend to commit a crime inside. The intended crime is often theft, but it may also include assault or another felony offense.
Types of Burglary Offenses
Burglary charges vary widely depending on where the unlawful entry occurs.
- Burglary applies to unlawful entry into a building other than a habitation.
- Aggravated Burglary applies when the unlawful entry involves a habitation, which includes a residence, apartment, or hotel room.
- Especially Aggravated Burglary applies when the crime results in serious bodily injury to a victim during the unlawful entry.
Elements of Burglary
A burglary conviction requires proof of distinct elements. The state must show unlawful entry into someone else’s property, absence of the owner’s consent, and intent to commit a crime. Burglary does not require the victim to be present at the time of the offense. This difference between burglary and robbery is key, since robbery involves a person and force or fear.
Examples of Burglary
Common examples include unlawfully entering a motor vehicle to commit theft, breaking into a residence to steal property, or being caught inside a building after hours with intent to commit a crime. In each case, the offense centers on unlawful entry and criminal intent rather than direct confrontation with a victim.
Defining Robbery Under Tennessee Law
Robbery is treated as a violent crime in Tennessee because it combines theft with force or fear.
Tennessee Statute on Robbery
Tennessee Code Annotated § 39-13-401 defines robbery as the intentional or knowing theft of property from a person by violence or putting the person in fear. This statute makes clear that robbery is different from burglary, since robbery requires direct confrontation with a victim.
Types of Robbery Offenses
Robbery charges can vary depending on the circumstances.
- Robbery applies when property is taken from a person by violence or fear.
- Aggravated Robbery applies when the offender uses a deadly weapon or the victim suffers serious bodily injury, under Tenn. Code Ann. § 39-13-402.
- Especially Aggravated Robbery applies when the offender uses a deadly weapon and the victim suffers serious bodily injury, under Tenn. Code Ann. § 39-13-403.
Elements of Robbery
A robbery conviction requires proof of distinct elements. The state must show an unlawful taking of someone else’s property, direct presence of the victim, and the use of force or threat. The presence of a victim is the defining feature that separates robbery from burglary.
Examples of Robbery
Examples include an offender pointing a deadly weapon at a victim to steal a motor vehicle, grabbing property from a person by force, or threatening harm to compel the victim to hand over money. Each situation involves both theft and direct confrontation with a victim, making robbery a more serious crime than property offenses like burglary.
Burglary vs. Robbery — Key Differences
Burglary and robbery are different crimes under Tennessee law, and the distinction affects charges, penalties, and defenses.
Target of the Crime
Burglary involves unlawful entry into a building, habitation, or vehicle with the intent to commit a crime inside. Robbery involves taking property directly from a person through violence or fear. Burglary targets a place, while robbery targets a person.
Presence of the Victim
Burglary can occur without anyone present. A person may commit burglary by unlawfully entering a residence, hotel room, or motor vehicle when the owner is away. Robbery requires a victim to be present and confronted at the time of the offense.
Nature of the Offense
Burglary is classified as a property crime because it focuses on unlawful entry and intent to commit a crime. Robbery is a violent crime because it involves force, threat, or direct assault on a victim. This difference between burglary and robbery is critical when prosecutors decide on felony offenses.
Legal Consequences
Burglary charges can result in a range of penalties depending on whether the offense is classified as burglary, aggravated burglary, or especially aggravated burglary. Robbery charges usually carry harsher potential penalties, especially when a deadly weapon is involved. A robbery conviction can lead to longer prison time and a more serious criminal record.
Penalties and Sentencing in Tennessee
Penalties for burglary and robbery convictions in Tennessee vary widely, but both carry serious legal consequences.
Burglary Penalties
Burglary is generally charged as a felony offense. A standard burglary conviction is a Class D felony, punishable by two to twelve years in prison and fines up to $5,000. Aggravated burglary, which involves a habitation such as a residence or hotel room, is a Class C felony with three to fifteen years in prison. Especially aggravated burglary, which involves serious bodily injury to a victim, is a Class B felony with eight to thirty years in prison and fines up to $25,000.
Robbery Penalties
Robbery is also a felony offense, but treated as a more serious crime than burglary. Standard robbery is a Class C felony with three to fifteen years in prison. Aggravated robbery is a Class B felony with eight to thirty years in prison. Especially aggravated robbery is a Class A felony, carrying fifteen to sixty years in prison and fines up to $50,000.
Long-Term Consequences
A burglary or robbery conviction creates a permanent criminal record. Consequences extend beyond prison time and fines. A felony conviction can affect employment, housing, and civil rights. It can also influence family law matters such as child custody disputes. Both burglary charges and robbery charges can alter a person’s future long after the sentence ends.
Defending Against Burglary or Robbery Charges
Burglary and robbery are felony offenses, but strong legal defenses can challenge the evidence and reduce potential penalties.
Common Defense Strategies
A defense may argue lack of intent, which is required to prove burglary or robbery. In burglary cases, showing the person had the owner’s consent to enter the property can weaken the state’s case. In robbery cases, proving there was no use of force or fear can reduce the charge to theft. Mistaken identity and insufficient evidence are also common strategies in both burglary and robbery charges.
Role of a Nashville Criminal Defense Attorney
A Nashville criminal defense attorney can examine the facts, review police procedures, and question witness statements. An experienced lawyer may also challenge whether prosecutors have proved distinct elements of the offense. Early involvement by a criminal defense lawyer gives the best chance to reduce or dismiss charges before trial.
Protecting the Future
A burglary conviction or robbery conviction creates a lasting criminal record. Defending against these charges is critical to protect civil rights, employment opportunities, and family stability. With penalties that may include years of prison time, fines, and long-term consequences, effective representation is essential.
Contact an Experienced Nashville Criminal Defense Lawyer Today!
If you or a loved one are facing burglary charges or robbery charges in Tennessee, the right defense matters. These offenses carry severe penalties, from years of prison time to lasting effects on your criminal record and future opportunities. Our team at Byron Pugh Legal is ready to fight for your rights.
Contact us at 615-255-9595 for a free consultation today!
