What Happens After a Theft or Burglary Charge in Tennessee?

Tennessee’s theft statute generally involves knowingly obtaining or exercising control over property without the owner’s effective consent and with the intent to deprive the owner of it. Burglary allegations generally involve entering a building, habitation, or other structure without consent and with the intent to commit a crime inside. The exact classification depends on the location, alleged conduct, value of property, and other circumstances. Tennessee law separately addresses burglary and aggravated burglary.

The value and ownership of property may be important in a theft case. In a burglary case, the location allegedly entered and the intent at the time of entry may become important issues.

After a theft or burglary charge, the person may be arrested or cited, required to address bond, and scheduled for court. The case may then involve a preliminary hearing, indictment, arraignment, discovery, motions, negotiations, or trial. The process depends on whether the charge is a misdemeanor or felony and how the case was initiated.

A defense attorney may examine whether the person had permission to enter or possess the property, the value and ownership of the property, the identity of the person involved, statements to law enforcement, surveillance video, photographs, messages, physical evidence, and whether the search was lawful.

The attorney may also review whether the charging document accurately describes the alleged conduct and whether restitution or other conditions apply. In some cases, witnesses or electronic evidence may be central to understanding what occurred.

Do not contact an alleged victim or property owner if a court order prohibits contact. Preserve receipts, messages, photographs, location information, and other relevant documents. Avoid deleting communications or posting about the case online.

An accusation is not a conviction. Hagar & Phillips represents clients facing theft, burglary, and other criminal charges in Lebanon, Wilson County, and surrounding Middle Tennessee communities. 

If you have been charged with theft or burglary, contact Hagar & Phillips today at 615‑784‑4588 to schedule a confidential consultation.

This article is for general informational purposes only. It is not legal advice and does not create an attorney-client relationship.

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