Burglary Attorney in Franklin, TN

A Former Law Enforcement Officer Now Fighting Burglary Charges in Franklin

Every burglary charge in Tennessee is a felony. That classification carries consequences that reach far past any prison sentence: a permanent criminal record, employment barriers, and the loss of civil rights. Attorney Eric Larsen defends clients facing these charges in Franklin and throughout Williamson County, and he brings something most defense attorneys don’t: firsthand experience in law enforcement and corrections. That background shapes how he reads an investigation, evaluates the evidence, and builds a defense.

With nearly a decade of criminal defense experience and thousands of cases handled, Eric works personally with each client from the first call through resolution. Early involvement matters. The decisions made in the hours and days after an arrest shape what defense options remain available, including at the General Sessions stage before the case ever reaches Circuit Court.

A burglary charge demands immediate attention. Call (615) 933-2454 to schedule your free consultation with Larsen Law PLLC and start building your defense today.

What Tennessee Law Means by Burglary

Under Tennessee law, burglary requires two elements: entering or remaining in a structure without the owner’s effective consent, combined with the intent to commit a felony, theft, or assault inside. No crime inside the building needs to be completed for the charge to stand. Intent alone is enough.

The definition of entry is broad. Any intrusion of part of the body qualifies, as does inserting an object. Force isn’t required. Walking through an unlocked door can satisfy the element if criminal intent is present. This breadth is one reason burglary charges arise in circumstances that can surprise defendants.

Burglary is legally distinct from two closely related offenses. Robbery requires taking property directly from a person using force or the threat of force. Criminal trespass involves unlawful entry but lacks the required element of criminal intent. The presence or absence of that intent element is often where contested cases turn.

Note that Tennessee renumbered its burglary statutes effective July 1, 2021. Older legal references may cite statute numbers that no longer apply.

Burglary Charge Tiers & Penalties Under Tennessee Law

Tennessee structures burglary based on what was entered, who may have been present, and whether anyone was injured. The tier determines the felony class and the sentencing range, but prior criminal history also affects where a sentence falls within that range. Two defendants charged identically can face significantly different sentencing exposure based on their records.

• Vehicle Burglary (Class D Felony): Unlawful entry into a car, truck, boat, trailer, or aircraft. Effective July 1, 2026, Tennessee reclassified this offense from a Class E to a Class D felony. Can carry two to twelve years in prison and a fine up to $5,000.
• Standard Burglary (Class D Felony): Entering a non-residential building without consent and with criminal intent. Can carry two to twelve years and a fine up to $5,000.
• Aggravated Burglary (Class C Felony): Burglary of a habitation, meaning any structure designed or adapted for overnight accommodation, including houses, apartments, and mobile homes. Can carry three to fifteen years and a fine up to $10,000. The prosecution doesn’t need to show anyone was home or harmed.
• Especially Aggravated Burglary (Class B Felony): A burglary resulting in serious bodily injury to any person lawfully on the premises. Can carry eight to thirty years and a fine up to $25,000. Tennessee classifies this as a violent offense, which can trigger harsher consequences for any future conviction.

What a Felony Conviction Costs Beyond the Sentence

The prison term and fines are only part of the picture. A Tennessee burglary conviction appears permanently in background checks run by employers, landlords, and licensing agencies. Because burglary combines a property crime with proof of criminal intent, it tends to carry particular weight in screening, even in fields where some criminal history might otherwise be considered.

Professions requiring a state license, including nursing, real estate, and law enforcement, may impose waiting periods or outright bars following a felony conviction. Tennessee felony convictions can also result in the loss of voting rights, restored only after completing the full sentence, including any parole or probation. Courts may additionally order restitution to victims, extending financial obligations well beyond fines and incarceration.

After a Burglary Arrest in Franklin: What to Do Next

The most important step after arrest is to exercise the right to remain silent. Statements made to police, friends, or coworkers before consulting an attorney can and often do appear in court. Don’t assume a cooperative explanation will help. It rarely does.

Bail is typically set at the initial appearance. Having an attorney present at that stage can support arguments for release on reasonable terms. In Williamson County, most burglary cases begin in General Sessions Court at the Williamson County Judicial Center before moving to Circuit Court if a grand jury returns an indictment. The General Sessions stage isn’t just a formality. Preliminary hearings can create opportunities for a probable cause challenge that may result in reduced or dismissed charges before the case proceeds further.

How We Approach Burglary Defense in Franklin

The prosecution carries the burden of proving both unlawful entry and criminal intent beyond a reasonable doubt. Weakening either element can support an acquittal or a reduction to a lesser charge like criminal trespass. Eric Larsen’s background in law enforcement and corrections gives him practical knowledge of how burglary investigations are built from the inside, which directly informs how he identifies weaknesses in the prosecution’s case.

We examine every aspect of how evidence was gathered. If the arrest lacked a valid warrant or proper probable cause, we file motions to suppress evidence obtained in violation of constitutional rights. Common defense avenues we evaluate in burglary cases include:

• Challenging proof of criminal intent
• Disputing the legal classification of the structure entered
• Asserting that consent to entry existed
• Raising mistaken identity where facts support it
• Arguing duress or coercion where applicable
• Filing pre-trial motions to challenge indictment defects or seek dismissal

When plea negotiations and charge reductions serve a client’s best interests, we evaluate those paths as well. Every strategy is built around the specific facts of the case, not a template applied across all defendants.