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Theft and Property Crimes Archives

Nashville firm pushing back against prosecutors

Some offenses, like burglary, are quite serious; while prosecutors may treat others, like vandalism, relatively minor. When it comes to theft and property crimes, Tennessee has a number of laws on the books. Yet, those who find themselves being accused of theft and property crimes need to ensure that they are doing everything they can to protect themselves when entering the legal arena. Failing to do so could result in significant penalties being imposed.

What are the elements of burglary in Tennessee?

Because there are laws that protect the property of individuals, there are also laws in place to punish those who take property that is not theirs. Property crimes are treated quite seriously in Tennessee. Law enforcement and prosecutors are both aggressive when it comes to trying to catch and convict those they believe have committed a property related crime. This means that those who are accused of a property crime such as theft or vandalism need to ensure that they are doing everything they can to protect their legal rights and raise doubt as to their guilt. To do so, these individuals need to look at the statutory language of the crime they are being charged with. After doing so, they may have a better idea of how to approach their criminal defense.

Tennessee's vandalism laws

Tennessee has a number of laws on the books to help ensure that personal and public property is kept safe. Of course, where there are laws, there are often false allegations and abuses of power, which is why it is important for Tennesseans to have a firm understanding of the law, particularly if they have been charged with a criminal offense. By having a grasp on the applicable statutes, a criminal defendant can start to develop a strategy that works best for his or her particular set of circumstances.

Nashville firm representing those accused of theft

Being criminally charged for stealing or some other type of property crime is no small matter. As we discussed a few weeks ago on the blog, a conviction for theft can result in serious penalties, including incarceration, fines and damage to an individual's reputation for years, perhaps even decades, to come. Of course, merely being charged with a criminal offense is not the same as being convicted, as every defendant is presumed innocent until proven guilty beyond a reasonable doubt. This is a high bar that the prosecution must clear before obtaining a conviction, which means that most defendants have many criminal defense strategies available to them.

What constitutes theft in Tennessee?

Most Tennesseans have a feel for what constitutes theft. To these individuals, it is merely taking something that doesn't belong to you. However, the law is much more nuanced. This means that it is more difficult for prosecutors to prove that theft has occurred, as they must prove every element of the crime beyond a reasonable doubt. Oftentimes this leaves open the opportunity to utilize certain criminal defense techniques that may result in either lesser penalties or,perhaps an acquittal.

Nashville case illustrates perpetrator identification issues

Prosecutors have many techniques that they can utilize in an attempt to obtain a criminal conviction. They often turn to witness accounts as well as physical evidence, such as fingerprints and DNA, to build their case. Although this evidence may seem extremely damaging to a defendant, there may be criminal defense options available to him or her, depending on the circumstances. This is often the case when the police overstep their roles and act inappropriately in their investigations.

Understanding the right to remain silent

The criminal law system exists to punish those who are deemed guilty of having committed specified criminal offenses. Yet, the law also seeks to balance the interest in public safety with the protection of governmental overreach. Therefore, laws related to searches and seizures, suspect interviews and even the rules of evidence seek to ensure fairness. When a criminal defendant's rights are violated, he or she may be in a difficult position facing severe penalties that may include prison, fines and damage to his or her reputation. Therefore, it is critical that individuals know their rights and how best to protect them.

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Rob McGuire Law
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