The Crime

Burglary is a felony offense that can seriously damage your record and your reputation.  In Tennessee, a person may be convicted of the crime of Burglary if the state prosecutor proves beyond a reasonable doubt that the person, without the consent of the property owner:

  1. Entered a building other than a habitation (or any portion thereof) not open to the public, with the intent to commit a felony, theft, or assault; or
  2. Remained concealed, with the intent to commit a felony, theft, or assault, in a building; or
  3. Entered a building and committed or attempted to commit a felony, theft, or assault; or
  4. Entered any freight or passenger car, automobile, truck, trailer, boat, airplane, or other motor vehicle with intent to commit a felony, theft, or assault or committed or attempted to commit a felony, theft, or assault.

[Source: Tennessee Code Annotated §§ 39-14-402, 39-14-403]

The Penalties

Under Tennessee law, a conviction for Burglary in one of the first three circumstances listed above (1-3) is a Class D Felony and may result in some or all of the following penalties:

  1. A sentence of 2 to 12 years in prison;
  2. A probationary period;
  3. A fine of up to $5,000;
  4. Court costs.

A conviction for Burglary in the fourth circumstance listed above (4) is a Class E Felony and may result in some or all of the following penalties:

  1. A sentence of 1 to 6 years in prison;
  2. A probationary period;
  3. A fine of up to $3,000;
  4. Court costs.

If the conviction is for Burglary of a habitation (a home), then the crime is elevated to a Class C Felony and may result in some or all of the following penalties:

  1. A sentence of 3 to 15 years in prison;
  2. A probationary period;
  3. A fine of up to $10,000;
  4. Court costs.

If you or someone you know has been charged with Burglary or Aggravated Burglary, you should seek help from the Knoxville criminal defense attorneys at the Oberman & Rice Law Firm.

[Source: Tennessee Code Annotated §§ 39-14-402, 39-14-403]

Other Consequences of a Burglary Conviction

In addition to the court-mandated penalties described above, a person convicted of Burglary or Aggravated Burglary may also experience other serious consequences. A Tennessee Burglary or Aggravated Burglary conviction may result in the loss of college scholarships or the ability to seek admission to a higher learning institution. Since any current and future employers may access records of Tennessee criminal convictions, Burglary or Aggravated Burglary convictions may impact the ability to maintain or seek employment. It can also result in negative action to a professional license (e.g. nursing).

A conviction for Burglary or Aggravated Burglary will ALWAYS stay on a person’s criminal history. Furthermore, under current Tennessee criminal and expungement law, you may not erase or expunge a Burglary or Aggravated Burglary conviction from public record. For more information about Tennessee expungement law, please visit our sister website, http://www.eraseyourrecord.com/index.html.

Why Hire An Attorney Immediately?

It is important to begin an investigation as soon as possible to be sure that valuable evidence is not lost. Video recordings and other evidence may be destroyed. Key evidence such as faces, dates, events, and conversations can fade from memory over time. Therefore, certain witnesses need to be interviewed as soon as possible. Success or failure in any criminal case may be determined in the decisions of the defendant and his or her Tennessee Criminal Attorney in only a few hours or days after an arrest is made.

Contact Us Today

If you or someone you know has recently been charged with Buglary, contact the Oberman & Rice Law Firm today so that we can begin preparing a defense for your case. Submit your information for a free case evaluation from our Knoxville Burglary attorneys or call our office at 865-249-7200.