39-14-404 - Especially Aggravated Burglary (a) Especially aggravated burglary is: (1) Burglary of a habitation or building other than a habitation; and (2) Where the victim suffers serious bodily injury. Aggravated burglary is when a person unlawfully enters a building and inflicts harm or even threatens to inflict harm on another person. << 2010 Tennessee Code Title 39 - Criminal Offenses Chapter 14 - Offenses Against Property Part 4 - Burglary and Related Offenses 39-14-403 - Aggravated burglary. << /Filter /FlateDecode /Length 10139 /Length1 16236 >> A Class D Felony is punishable by 2 to 12 years in prison and/or a fine of up to $5,000. If a person commits a burglary and it results in serious bodily harm of a person lawfully in the habitation or building, then they have committed "especially aggravated burglary." T.C.A. stream If you entered the habitation, building, or vehicle with consent and proceeded to commit theft for example, then you may be able to have the charges reduced to theft which has much less punishment. 722 277 500 666 556 833 722 777 } Counts: 1 Thru 1 TCA:Silverdale39140403 TIBRS: 220 THEFT OF PROPERTY Counts: 2 Thru 2 TCA . Below are the sentencing ranges for each felony class and examples of crimes falling under each classification. 333 333 365 556 833 833 833 610 including, but not limited to, rape, sexual battery, kidnapping, aggravated burglary, and especially aggravated burglary. respectively; (2)Club means any instrument that is specially designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument; (3)Crime of violence includes any degree of murder, voluntary manslaughter, aggravated rape, rape, especially aggravated robbery, aggravated robbery, burglary, aggravated assault or aggravated kidnapping; (4)(A)Explosive weapon means any explosive, incendiary or poisonous gas: (v)Shell, missile or projectile that is designed, made or adapted for the purpose of inflicting serious bodily injury, death or substantial property damage; (i)Any breakable container which contains a flammable liquid with a flashpoint of one hundred fifty degrees Fahrenheit (150 F) or less and has a wick or similar device capable of being ignited, other than a device which is commercially manufactured primarily for purposes of illumination; or. HB1314: P2C, caption bill, held on desk - pending amdt. 850a (18)Unloaded means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon. In those cases, the bill was filed using Criminal Offenses as a secondary subject. 277 333 474 556 556 889 722 237 Especially aggravated burglary constitutes a Class B felony. << When placing a defendant on probation, the judge typically announces the sentence term but orders the prison sentence suspended. 556 556 500 389 279 389 583 552 (c) Especially aggravated burglary is a Class B felony. << Aggravated burglary. /Flags 32 Rocky McElhaney Law Firm is a Nashville personal injury and auto accident l. (2) Where the victim suffers serious bodily injury. Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. /LastChar 255 If the jury does not impose the death penalty, the defendant faces life imprisonment with or without the possibility of parole. >> Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. A felony record can mean harsher sentences if convicted again and will make it difficult to obtain housing and employment. Read on to learn how judges determine and impose felony sentences and how parole works in Tennessee. /FontBBox [ -628 -376 2000 1056 ] 1 The figures shown in this column for the offense of rape were reported using only the revised Uniform Crime Reporting definition of rape. HB0069: Caption bill, held on desk - pending amdt. Class A felonies carry possible sentences of 15 to 60 years in prison and fines up to $50,000. <> If you've been charged with violating Tennessee burglary laws, it's in your best interest to speak with a local criminal defense attorney who can explain your options and advocate on your behalf in plea negotiations or in court, if necessary. 556 556 556 556 277 277 277 277 SB0469: Passed on Second Consideration, refer to Senate Judiciary Committee, HB1430: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB1144: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB1438: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1486: Assigned to General Subcommittee of Senate Judiciary Committee, SB1527: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB1457: Assigned to s/c Criminal Justice Subcommittee, SB1547: Passed on Second Consideration, refer to Senate Judiciary Committee, HB1472: Taken off notice for cal. [Acts 1989, ch. Class D felonies carry possible sentences of 2 to 12 years in prison and fines up to $5,000. Felony sentencing in Tennessee involves several factors: the felony classification (class A to E), the sentencing range, and the recommended disposition (prison or non-prison sanctions). x{y\Ws%oH$ $!AKX* [7,vZnvti-`m3i&u~w9sy} * P2C, caption bill, held on desk - pending amdt. 556 556 556 556 556 556 556 548 LawServer is for purposes of information only and is no substitute for legal advice. 666 666 666 666 277 277 277 277 the manufacture, delivery, or sale of a controlled substance, as defined in 39-17-417, where the instant offense is classified as a class a, b, or c felony and the person has two (2) or more prior convictions for the manufacture, delivery, or sale of a controlled substance classified as a class a, b, or c felony, pursuant to 39-17- 417, prior 399 548 333 333 333 576 537 333 /CapHeight 500 Prison. SECTION 2. But early release doesn't mean the sentence is over. Terms Used In Tennessee Code > Title 39 > Chapter 14 > Part 4 - Burglary and Related Offenses. 605 443 833 722 666 685 777 610 The Onion Joins Free-Speech Case Against Police as Amicus, Lawyer Removed from Radio City Music Hall After Facial Recognition Flagged Her As Opposing Counsel. Read the code on FindLaw . /Widths [ 1:25. HB1390: P2C, caption bill, held on desk - pending amdt. Any crime that carries a possible penalty of one year and up to life in prison or the death penalty is a felony. 333 1000 666 333 1000 750 610 750 Sick of waiting? Tennessee law limits expunction of felony convictions to specified nonviolent, low-level felonies (Classes C, D, and E only). /Type /Outlines to Calendar & Rules Committee, SB2131: Passed on Second Consideration, refer to Senate Judiciary Committee, HB2437: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2804: Passed on Second Consideration, refer to Senate Judiciary Committee, HB2439: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, HB2445: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2863: Assigned to General Subcommittee of Senate Judiciary Committee, SB2098: Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 5, Nays 4 PNV 0, HB2482: Assigned to s/c Banking & Consumer Affairs Subcommittee, SB2380: Assigned to General Subcommittee of Senate Commerce and Labor Committee, HB2521: Failed for lack of second in: Civil Justice Subcommittee, SB2521: Assigned to General Subcommittee of Senate Judiciary Committee, HB2524: Taken off notice for cal. << Inmates who have reached their parole release eligibility date (RED) may apply to the parole board for release. stream This person would face the following penalties based on their criminal history category: Each of the five felony classes (A to E) is divided into these offender categories and sentencing ranges. << /Type /Font 610 277 277 556 277 889 610 610 /Count 0 556 556 556 556 556 556 889 500 FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 833 250 333 333 443 605 250 389 ] This crime occurs when a defendant unlawfully enters or remains in a habitation or other building (public or private) with the intent to commit a felony, theft, or assault therein, and the crime results in any person (who's lawfully on the premises) suffering serious bodily injury. Tennessee Code Title 40 - Criminal Procedure . Examples include rape of a child younger than 13, aggravated kidnapping, and acts of terrorism. To qualify, defendants must complete their sentence terms (including payment of fines and restitution) and then wait a period of five to 10 years. in Criminal Justice Committee, HB2525: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2545: Failed in Senate Judiciary Committee, HB2555: Assigned to s/c Criminal Justice Subcommittee, SB2782: Assigned to General Subcommittee of Senate Judiciary Committee, HB2563: Def. /Ascent 905 /HideWindowUI false 7 0 obj 333 1000 666 333 1000 750 610 750 The punishment for aggravated burglary is far worse than the punishment for simple burglary.For example, a defendant charged with simple burglary in Louisiana can be sentenced to up to 12-year prison terms with or without hard labor, whereas a defendant charged with aggravated burglary will be sentenced to hard labor not less than a year and . /FontName /Arial (c) Especially aggravated burglary is a Class B felony. /DisplayDocTitle false 1030, 24.]. A Class E Felony is punishable by 1 to 6 years in prison and/or a fine of up to $3,000. court opinions. 605 556 333 747 333 500 605 0 endobj 2 0 obj Class E felonies carry possible sentences of 1 to 6 years in prison and fines up to $3,000. In addition to the felony classes listed above, Tennessee law carries stiff enhanced penalties for repeat violent offenders and criminal gang offenders. If granted, the expunged conviction and related records are deemed never to have occurred. /Pages 4 0 R SB1143: Passed on Second Consideration, refer to Senate Judiciary Committee, HB1480: Taken off notice for cal. >> 610 610 610 610 610 556 610 556 in Covid-19 Committee of Extraordinary Session III, SB9031: Assigned to General Subcommittee of Senate Judiciary Committee, HB9041: Taken off notice for cal. (C)A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to It can be very difficult to prove your intent without facts to support the elements of theft or assault or some other felony. What If Your Law School Loses Its Accreditation? Subscribe to Justia's Tennessee Code Annotated, Title 39, Chapter 13, is amended by adding the following as a new part: 39-13-1001. Burglary. 333 333 389 583 277 333 277 277 rape, especially aggravated robbery, aggravated robbery, burglary, aggravated assault or aggravated kidnapping; (4)(A) "Explosive weapon" means any explosive, incendiary or poisonous gas: (i) Bomb; A judge can order any sentence term within the above ranges. Includes each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with the structure or vehicle; gallatin criminal defense attorney lawyer, hendersonville criminal defense attorney lawyer, Nashville criminal defense attorney lawyer, New Reasonable Purpose Standard in Tennessee Parental Relocation Case Stringer v. Stringer, Increase in traumatic brain injuries with youth sports related concussions, Legislature takes bite out of one free bite rule.. endobj Class C felonies carry possible sentences of 3 to 15 years in prison and fines up to $10,000. 277 333 556 556 556 556 259 556 Other singled-out crimes include attempted first-degree murder, aggravated child neglect, aggravated assault, aggravated vehicular homicide, aggravated burglary, unlawful felon in possession, and certain drug offenses. As used in this part, unless the context otherwise requires: (1)Adjudication as a mental defective or adjudicated as a mental defective means: (A)A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease: (i)Is a danger to such person or to others; or. Examples include carjacking, sex trafficking, and money laundering. Start here to find criminal defense lawyers near you. 0 0 250 333 500 605 500 889 Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. In the case of this section: For details, see Tenn. Code 40-35-111 333 333 389 583 277 333 277 277 /Type /Font Next Steps: Search for a Local Attorney Contact a qualified attorney. /Widths [ 1 The figures shown in this column for the offense of rape were reported using only the revised Uniform Crime Reporting definition of rape. << << FISCAL IMPACT: Increase State Expenditures - $5,210,900 Incarceration Assumptions: Aggravated Burglary Pursuant to Tenn. Code Ann. /Type /FontDescriptor /Type /Font (b) Aggravated burglary is a Class C felony. Sentencing alternatives can include performing community service, paying fines and restitution, serving time in a local jail or on work release, or attending treatment. (2) Where the victim suffers serious bodily injury. 39-14-404. Parolees must be actively supervised in the community for at least a year. >> 333 556 610 556 610 556 333 610 Criminal Offenses - As enacted, states that aggravated burglary and especially aggravated burglary are crimes committed against the person; moves the burglary offenses to the chapter that includes offenses against persons. Restricted firearm ammunition does not include shotgun shells or solid plastic bullets; (14)Rifle means any firearm designed, made or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger; (15)Short barrel means a barrel length of less than sixteen inches (16) for a rifle and eighteen inches (18) for a shotgun, or an overall firearm length of less than twenty-six inches (26); (16)Shotgun means any firearm designed, made or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed shotgun shell to fire through a smooth-bore barrel either a number of ball shot or a single projectile by a single function of the trigger; (17)Switchblade knife means any knife that has a blade which opens automatically by: (A)Hand pressure applied to a button or other device in the handle; or, (B)Operation of gravity or inertia; and. 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