Memphis Robbery Attorney

Dedicated to Defending Clients Against Robbery Charges in Tennessee

Robbery is a serious crime that is punishable by a lengthy prison sentence. If you have been arrested for robbery, you must speak with a Memphis robbery lawyer as soon as possible. A conviction for robbery will follow you for the rest of your life, affecting your ability to obtain employment, housing, and even a loan. At Francavilla Law Firm, we have handled thousands of cases and can help you fight for your freedom. We will tirelessly protect your rights and ensure your side of the story is heard.

Facing robbery charges in Memphis? Don't wait—contact us today at (901) 979-9992 for a free consultation with our experienced robbery attorney.

What Constitutes Robbery in TN?

Robbery is considered a criminal offense that involves taking another person's property or belongings through the use of force, threats, or intimidation. It is considered a serious crime in Tennessee, and the state law specifically defines it under Tennessee Code Annotated § 39-13-401. Two key elements must be proven to establish a robbery offense:

• Taking Property: The accused must have taken or attempted to take property that belongs to another person.
• Use of Force or Intimidation: Robbery involves the use of force, threats, or intimidation to deprive the victim of their property.

Robbery can be further categorized into different degrees, such as aggravated robbery, especially aggravated robbery, or robbery of a business. Each type of robbery carries its own set of legal elements and potential penalties.

Penalties for Robbery in Tennessee: What You Need to Know

The penalties for robbery convictions in Tennessee are severe, and they can have a lasting impact on your life. The specific consequences you may face depend on the degree of robbery you are charged with:

• Robbery: Robbery in Tennessee is a Class C felony. If convicted, you could face imprisonment for 3 to 15 years and fines of up to $10,000.
• Aggravated Robbery: Aggravated robbery is a more serious offense and is classified as a Class B felony. Conviction can result in imprisonment for 8 to 30 years.
• Especially Aggravated Robbery: This is the most serious form of robbery in Tennessee. It is a Class A felony, and a conviction may lead to imprisonment for 15 to 60 years.

Possible Defenses Against Robbery Charges

Some possible defenses against robbery charges may include the following:

• Lack of Intent: If it can be shown that you did not have the intent to commit robbery, this can be a strong defense. Perhaps the taking of property was accidental or unintentional.
• Mistaken Identity: In some cases, witnesses may incorrectly identify the accused as the perpetrator. Establishing an alibi or providing evidence that you were not at the crime scene can be a viable defense.
• False Accusations: It is possible that the allegations against you are false or motivated by personal vendettas or ulterior motives. We can investigate and present evidence to support your innocence.
• Consent: If the alleged victim willingly permitted you to take their property, it may not constitute robbery. Consent can be a powerful defense if it can be substantiated.
• Use of Force or Threats: Challenging the prosecution's evidence of force or threats may help reduce the charges or lead to a favorable outcome. In some cases, the use of force may be legally justified.

Difference Between Robbery and Theft in Tennessee

While robbery and theft both involve taking someone else’s property, they differ significantly in how they are defined and charged under Tennessee law.

• Theft: This is the unlawful taking of another person's property with the intent to permanently deprive them of it. Theft can be committed without any use of force or threats, and it may involve shoplifting, burglary, or embezzlement.
• Robbery: In contrast, robbery involves taking property through the use of force, threats, or intimidation. This elevates the charge to a more serious offense due to the violence or potential harm involved. For example, if someone takes property from another person while threatening them with a weapon, it is considered robbery, not theft.

The main distinction lies in the use of force or threats in robbery, making it a more severe crime than theft.

Impact of a Robbery Conviction on Future Employment and Housing

A robbery conviction can have severe long-term consequences, affecting various aspects of a person’s life. Here’s how it can impact your future:

• Employment Opportunities: Many employers conduct background checks, and a robbery conviction can make it extremely difficult to find a job, especially in fields that require trust or involve working with money or sensitive information.
• Housing Applications: Landlords often check criminal records before renting out properties. A robbery conviction may make it harder to secure a rental property, particularly in competitive housing markets.
• Social and Personal Relationships: Beyond financial implications, a robbery conviction can affect relationships with family, friends, and the community, as it carries a stigma that can be difficult to overcome.

Aggravating and Mitigating Factors in Robbery Cases

The sentence for a robbery conviction in Tennessee can vary depending on aggravating and mitigating factors. These factors can influence whether the sentence is harsher or more lenient.

Aggravating Factors: These are circumstances that make the crime more severe and may lead to a harsher sentence. Examples include:

• Use of a deadly weapon (e.g., a gun or knife)
• Injuring the victim during the crime
• Committing robbery with the intent to intimidate or terrorize the victim

Mitigating Factors: These factors can reduce the severity of the sentence. Examples include:

• No prior criminal record or a clean history
• The defendant was acting under duress or pressure
• The defendant’s age (for instance, if they were a minor)

Understanding these factors is essential, as they can play a significant role in determining whether someone faces a lengthy prison sentence or more favorable treatment in court.

FAQ: Memphis Robbery Attorney

• Can I be charged with robbery even if I didn’t use a weapon?
  Yes, you can be charged with robbery in Tennessee even if no weapon was involved. The key element in robbery is the use of force, intimidation, or threats to take property. If you threaten or use physical force against someone to take their belongings, you could still face robbery charges.
• What are the possible defenses in a robbery case?
  Some possible defenses in a robbery case include:
  • Mistaken identity: You may have been wrongly identified as the perpetrator.
  • Lack of intent: If you did not intend to steal or harm the victim, you could argue that the actions were accidental.
  • False accusations: You may be facing charges due to a personal dispute or false testimony.
• What happens if I’m convicted of robbery in Tennessee?
  A robbery conviction in Tennessee can result in severe penalties, including significant prison time, fines, and a permanent criminal record. The sentence can vary depending on the degree of robbery (e.g., aggravated or especially aggravated robbery), with sentences ranging from 3 years to life in prison.
• Will my criminal record affect my future if I am convicted of robbery?
  Yes, a robbery conviction will likely affect your future in several ways. It can make it more difficult to secure employment, apply for loans, or find housing. It may also impact your personal relationships due to the stigma associated with a criminal conviction.
• Can I get my robbery conviction reduced to a lesser charge?
  In some cases, it is possible to negotiate a plea deal to reduce the charge from robbery to a lesser offense, such as theft. This often depends on the circumstances of the case, your criminal history, and the strength of the evidence against you. A skilled attorney can work to secure the best possible outcome in your case.
• What is the difference between first-degree robbery and second-degree robbery?
  First-degree robbery involves using a weapon or causing significant harm to the victim. Second-degree robbery may involve less violence or no weapon, but still includes the use of force, intimidation, or threats. The penalties for first-degree robbery are typically more severe than those for second-degree robbery.

Get Legal Help from Our Memphis Robbery Lawyer

The consequences of a robbery conviction can be life-altering, and you deserve strong legal representation. At Francavilla Law Firm, our Memphis robbery attorney has the experience and knowledge to help you build a strong defense and protect your rights. We are here to fight for your rights, provide guidance, and work tirelessly to secure the most favorable result in your case. Your future and freedom are at stake, and we are here to help.

Need legal help with a robbery case? Contact us now at (901) 979-9992 and schedule your consultation with our Memphis defense lawyer.