What Type Of Violent Crime Cases Does Your Firm Handle?
We have currently handle most forms of crime, including but not limited to, robberies, aggravated robberies, assault, and aggravated assault charges.
What Are The Differences Between Robbery And Aggravated Robbery Under Tennessee Law?
The biggest difference between robbery and aggravated robbery is that aggravated robbery involves the use or display of a weapon. Robbery is any time that you forcibly take any type of property from a person. Under Tennessee Law Robbery is a C-Felony. Aggravated robbery is when a person uses or displays a weapon during a robbery. Aggravated robbery is a B felony. Especially aggravated robbery is where a weapon is used and a victim receives a serious bodily injury during the robbery. Especially Aggravated Robbery is an A felony.
What Are The Penalties If Someone Is Convicted Of A Robbery Or an Aggravated Robbery?
The penalties for robbery are going to vary, based upon the person’s criminal record.
- Robbery is a C-Felony punishable by 3-15 years and up to a $10,000 fine.
- Aggravated Robbery is a B-Felony punishable by 8-30 years and up to a $25,000 fine
- Especially Aggravated Robbery is a A-Felony punishable by 15-60 years and up to a $50,000 fine.
- Especially aggravated robbery carries a 15-year mandatory minimum prison sentence.
Is There Any Diversion Or Alternate Programs Available For First Time Robbery Convictions?
In the state of Tennessee, you are eligible for judicial diversion on a robbery charge. Someone who doesn’t have any type of criminal record, even if they have been charged with robbery, may be placed on judicial diversion. After they have completed the terms of their probation, it is possible for that person to have those charges removed from their record and permanently expunged. This is not a possibility for an aggravated or especially aggravated robbery.
Does The Type Of Weapon Or Alleged Victim Involved Enhance or Aggravate A Robbery Charge?
The use or display of any weapon during the commission of a robbery is classified as aggravated robbery. The type of weapon used is not important for the basis of the conviction, any object will suffice. However, all those factors into plea negotiations and sentencing.
What Happens If Someone Is A Repeat Robbery Offender? How Does It Impact Their Current Case?
It could impact their case in several ways. Should a defendant choose to testify in his trial he would be subject to cross-examination and be forced to answer questions about his prior robbery convictions. Also, the punishment for robbery is greatly enhanced with multiple convictions. A person, under a robbery charge on a first-time conviction, will receive a three to six-year sentence. Another robbery charge after that, even though it’s still a C felony, is going to be punished more severely. They are going to fall into a higher range of punishment. For a C felony, the standard range is three to six years with zero to one prior conviction. For a multiple offenders with two to four prior convictions, it is six to 10 years. A defendant with five or more prior convictions is considered a persistent offender and can be sentenced from 10 to 15 years.
Can I Be Charged With Murder If Somebody Dies During An Aggravated Robbery?
Yes. In the state of Tennessee, any time that someone dies during the commission of a felony a defendant may be charged with murder under the felony murder rule. The rule applies whether the defendant kills intentionally, recklessly, or even accidentally; and even when the death was unforeseeable.
What Is The Difference Between Theft, Robbery And Burglary?
Under Tennessee law “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.) In plainer terms, you commit theft in Tennessee by unlawfully taking someone else’s property while having no intent to give it back. Tennessee classifies theft offenses according to the value of the property or services involved in the offense. The classification for theft offenses are:
- Class A Misdemeanor if the value of the property or services obtained is $1,000 or less
- Class E Felony if the value of the property or services obtained is $2,500 or less
- Class D Felony if the value of the property or services obtained is $10,000 or less
- Class C Felony if the value of the property or services obtained is $60,000 or less
- Class B Felony if the value of the property or services obtained is $250,000 or less
- Class A Felony if the value of the property or services obtained is $250,000 or more
Robbery is the intentional or knowing theft of property from the person of another by violence or putting the person in fear.” (Tenn. Code. Ann. § 39-13-401), robbery is committed when a person steals property from another person by force or fear. Robbery should not be confused with theft, which does not involve violence or stealing from the person of another. Robbery is a C Felony punishable by 3-15 years and up to a $10,000 fine.
In Tennessee person commits burglary when without the consent of the property owner:
- Enters a building other than a habitation not open to the public, with intent to commit a felony, theft or assault;
- Remains concealed, with the intent to commit a felony, theft or assault, in a building;
- Enters a building and commits or attempts to commit a felony, theft or assault.
Burglary is a Class D felony punishable by 2-12 years and up to a $5,000 fine.
The burglary of a home is a specific type of burglary called Aggravated burglary and occurs when a defendant unlawfully enters or remains in someone’s home with the intent to commit a felony, theft, or assault. Aggravated burglary is a Class C Felony punishable by 3-15 years and up to a $10,000 fine.
Especially aggravated burglary occurs when a defendant unlawfully enters or remains in a home or other building with the intent to commit a felony, theft, or assault; and the crime results in any person lawfully on the premises suffering serious bodily injury. Especially aggravated burglary is a Class B felony punishable by 8-30 years and up to a $25,000 fine.
For more information on Violent Crime Cases In Tennessee, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (615) 864-6527 today.
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