When someone is arrested for a property-related crime in Tennessee, the terms robbery, burglary, and theft are often used interchangeably. However, each of these charges carries different legal definitions, levels of severity, and possible penalties under Tennessee law. If you or a loved one is facing one of these charges, understanding the difference between robbery vs burglary vs theft can significantly change the way the charges must be defended.
At Herbert & Lux Attorneys at Law, we work with individuals throughout Tennessee who are facing theft-related offenses. We understand the legal differences between each charge and how to defend each of them while making sure your rights are protected in court.
Why Understanding Robbery, Burglary, and Theft Matters in Tennessee
Being accused of any property crime is a serious matter. However, the nature of the charge you face affects everything from potential jail time to long-term consequences like a felony record. Knowing the specific elements of each charge helps you and your attorney craft a stronger defense.
How the Type of Charge Affects Your Defense Strategy
Robbery, burglary, and theft charges often hinge on specific details.
Was force used? Did the crime involve unlawful entry? Was property taken?
These differences can mean the difference between a misdemeanor and a felony, or between probation and prison time. An experienced criminal defense lawyer can help identify where the state’s case may be weak and how to challenge the charges accordingly.
What Is Theft Under Tennessee Law?
In Tennessee, theft is defined as unlawfully taking someone else's property with the intent to deprive the owner of it. Unlike robbery or burglary, theft does not require the use of force or illegal entry.
Examples of Theft Offenses
Common theft offenses in Tennessee cover a wide range of crimes involving the wrongful taking or use of someone else’s property. Common theft offenses our criminal defense teams sees:
- Shoplifting or petty theft: Taking items valued under $500 without permission
- Employee theft: Stealing from an employer or workplace
- Auto theft: Unauthorized taking of a vehicle
- Identity theft: Using someone’s personal information fraudulently
- Embezzlement: Misappropriating funds entrusted to one’s care
- Receiving stolen property: Possessing property known to be stolen.
Misdemeanor vs. Felony Theft Distinctions
- Misdemeanor theft: Property valued less than $1,000. Misdemeanor offense punishable by up to 11 months and 29 days in jail and fines up to $2,500
- Felony theft: Property valued at $1,000 or more. Typically charged as a felony offense. Penalties increase with the value and can include years in prison and significant fines
What Is Robbery Under Tennessee Law?
Robbery in Tennessee is defined as the intentional or knowing theft of property directly from another person by using violence or instilling fear. It is classified as a violent crime because it involves force or the threat of harm, even if no weapon is used.
Unlike theft or burglary, robbery requires the presence of a victim who is confronted during the act. This confrontation can include physical assault or intimidation sufficient to make the victim fear immediate harm.
Difference Between Robbery and Aggravated Robbery
There are three main categories of robbery in Tennessee:
- Robbery: Taking property from a person through force or fear
- Aggravated robbery: Involves a weapon or results in serious bodily injury
- Especially aggravated robbery: Involves a deadly weapon and results in serious bodily injury
Each of these charges carries different degrees of punishment, with aggravated and especially aggravated robbery considered Class B or Class A felonies.
Penalties and Potential Sentencing Outcomes
- Robbery: Class C felony, 3 to 15 years in prison
- Aggravated robbery: Class B felony, 8 to 30 years in prison
- Especially aggravated robbery: Class A felony, 15 to 60 years in prison
What Is Burglary Under Tennessee Law?
Burglary is defined as unlawfully entering a building or structure with the intent to commit a theft, assault, or felony. Unlike robbery, burglary does not require direct confrontation with a victim.
There are multiple forms of burglary in Tennessee:
- Burglary: Unlawfully entering a building not open to the public
- Aggravated burglary: Burglary of a home or habitation
- Especially aggravated burglary: Burglary involving a weapon or causing injury
Penalties for Burglary Convictions in Tennessee
- Burglary: Class D felony, 2 to 12 years in prison
- Aggravated burglary: Class C felony, 3 to 15 years
- Especially aggravated burglary: Class B felony, 8 to 30 years
Possible Sentence Enhancements
Burglary charges can be enhanced if a weapon was used, if someone was injured, or if the crime involved an occupied dwelling. Enhancements can lead to longer sentences or mandatory minimums, especially for repeat offenders or those with prior convictions.
Robbery vs Burglary vs Theft in Tennessee — Key Differences
These three charges are often confused because they all involve property or intent to commit a crime. However, they are defined differently by law.
| Element | Theft | Robbery | Burglary |
| Involves taking property | Yes | Yes | Possibly |
| Involves force or threat | No | Yes | No |
| Involves unlawful entry | No | No | Yes |
| Crime against a person | No | Yes | No |
| Common penalty range | Misdemeanor to felony | Felony (Class C to A) | Felony (Class D to B) |
How Force, Intent, and Location Define Each Charge
The key distinctions often come down to three questions:
- Was force or intimidation used? (Robbery)
- Was the property taken without confrontation? (Theft)
- Was there unlawful entry into a building? (Burglary)
Answering these questions helps determine which charge applies and what penalties may result.
Defending Against Theft, Robbery, or Burglary Charges
A strong defense depends on the specific facts of your case. Some possible defenses include:
- Lack of intent to steal or commit a crime
- Mistaken identity or false accusation
- No unlawful entry (in burglary cases)
- No use of force or threat (in robbery cases)
- Violation of your constitutional rights during arrest or investigation
An experienced criminal defense attorney can examine evidence, question witnesses, and seek to have charges reduced or dismissed.
What to Do If You’re Charged with Robbery, Burglary, or Theft in Tennessee
If you are arrested or under investigation for any of these crimes, your first step should be to remain silent and request an attorney. Do not try to explain yourself to the police without legal counsel.
Next, call Herbert & Lux Attorneys at Law to speak with an attorney experienced in Tennessee criminal law. The sooner you act, the better your chances of building a successful defense.
If you are a minor or the parent of a child facing charges, our firm also handles juvenile crimes, including theft and burglary offenses.
Contact Herbert & Lux Attorneys at Law for Legal Help
At Herbert & Lux Attorneys at Law, we know how confusing and stressful criminal charges can be. Whether you’re facing theft, robbery, or burglary charges, we will fight to protect your rights, challenge weak evidence, and guide you through the legal system with clarity and support. Our attorneys have years of experience handling both misdemeanor and felony cases in Tennessee courts.
Contact us today at (615) 878-5537 for a free, confidential consultation to discuss the unique nature of your charges and how we will go to work to defend you.
Don’t leave your future to chance. Call Herbert & Lux Attorneys at Law to make sure your rights are protected and you get the defense you deserve.
