When Not Just Any Law Firm Will Do

Turn to a firm that is looking out for you and will help you set things right.

Robbery Defense

Defending Yourself Against Allegations Of Robbery

Mr. McKellar has been selected as a member of “America’s Top 100 Criminal Defense Attorneys” in 2019.


Robbery and related crimes are found at Tennessee Code Annotated § 39-13-401.

Robbery is one of the most serious of all theft crimes and is punished as a felony in the state of Tennessee.  “Robbery” is defined as the intentional or knowing theft of property from the person of another by violence or putting the person in fear.  This particular statute does not include using a weapon to cause fear.  That is a separate statute.  Robbery is not to be confused with theft, which does not involve violence.  It is also different from burglary, since burglary involves entering a building or structure.

Violations of this statute are considered a Class C Felony. If found guilty of a Class C Felony, a person can be sentenced to no less than three years but no more than fifteen years in prison. In addition, the jury may assess a fine not to exceed $10,000 dollars, unless otherwise provided by the statute

Aggravated Robbery

Aggravated Robbery is included in Tennessee Code Annotated § 39-13-402. Aggravated robbery is robbery as defined in § 39-13-401, except it is either (1) accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon, or (2) where the victim suffers serious bodily injury.

Aggravated Robbery is considered a Class B Felony.  If found guilty of aggravated robbery, violators may spend no less than eight years but no more than thirty years in prison.  In addition, violators may be assessed a fine not to exceed $25,000 dollars, unless otherwise provided by the statute.

Especially Aggravated Robbery

Especially Aggravated Robbery is defined in Tennessee Code Annotated § 39-13-403. The difference between aggravated robbery and especially aggravated robbery is that especially aggravated robbery requires both the use of (1) a deadly weapon  AND (2) serious bodily injury; whereas, aggravated robbery only requires either (1) use of a deadly weapon  OR (2) serious bodily injury.

Especially aggravated robbery is a Class A felony, the most serious type of felony under Tennessee law.  Violators are punishable by not less than fifteen years but not to exceed more than sixty years in prison.  In addition, the jury may assess a fine not to exceed $50,000 dollars, unless otherwise provided by the statute.

Although the Bill died in Committee, in December 2009, a Bill was introduced to the Tennessee Senate Judiciary Committee that would have required a person convicted of aggravated robbery with a deadly weapon, and especially aggravated robbery, to be sentenced to community supervision for life and also would have required GPS monitoring of such person during term of supervision.


Carjacking is defined as the intentional or knowing taking of a motor vehicle from the possession of another by use of (1) a deadly weapon, or (2) force or intimidation.  A person who uses a gun to force a driver out of car and take the car has committed carjacking.

Carjacking is a Class B Felony and is punishable by eight to thirty years in prison, as well as a fine of up to $25,000.

Contact Us To Defend Your Rights

If you’re facing criminal charges connected with an alleged robbery, make sure your rights are being defended by a defense lawyer who knows what he or she is doing. At our firm, all our defense attorneys have considerable experience handling a variety of criminal cases on all levels. We have the experience and skill you need to create a strong defense.

To schedule a free initial telephone consultation with one of the lawyers at McKellar & Easter, Attorneys at Law, call 865-566-0125 or send us an email. We accept credit cards.

Knoxville Family Law Attorney