Especially aggravated burglary. Inmates who have reached their parole release eligibility date (RED) may apply to the parole board for release. 605 500 333 556 537 443 556 443 333 556 556 500 556 556 277 556 Enters any freight or passenger car, automobile, truck, trailer, boat, airplane or other motor vehicle with intent to commit a felony, theft or assault or commits or attempts to commit a felony, theft or assault. 1:25. and | https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-17-1301.html. Criminal Offenses Section 39-17-1301. 333 1000 556 333 943 750 500 666 556 556 556 556 556 556 556 556 /Type /Font /FontDescriptor 8 0 R 1 The figures shown in this column for the offense of rape were reported using only the revised Uniform Crime Reporting definition of rape. Contact us. 500 500 500 500 250 250 605 605 777 833 666 833 722 556 610 777 After a conviction but before sentencing, the judges must determine an offender's criminal history category, which can range from no criminal history to having six or more prior felonies. 10 0 obj (c) Especially aggravated burglary is a Class B felony. Class B felonies carry possible sentences of 8 to 30 years in prison and fines up to $25,000. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. HB1390: P2C, caption bill, held on desk - pending amdt. 943 685 610 610 610 610 389 389 500 610 250 333 500 500 605 500 /FontName /DDACTR+BookAntiqua /CapHeight 500 All rights reserved. A parolee remains under supervision during the remainder of their sentence term. (2) Where the victim suffers serious bodily injury. Cite this article: FindLaw.com - Tennessee Code Title 39. 333 1000 666 333 1000 750 610 750 333 1000 666 333 1000 750 610 750 ; 3 The FBI determined that the agency's data were overreported. << Protect America is known for their same-day installation service! /Type /Font 333 333 556 556 556 556 556 556 SB0853: Passed on Second Consideration, refer to Senate Judiciary Committee, HB1640: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB1807: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB1645: Assigned to s/c Banking & Consumer Affairs Subcommittee, SB2831: Passed on Second Consideration, refer to Senate Judiciary Committee, HB1664: Received from House, Passed on First Consideration, SB1832: Failed in Senate Judiciary Committee, HB1678: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB1785: Action deferred in Senate Finance, Ways, and Means Committee to 4/27/2022, HB1690: Taken off notice for cal. 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). /BaseFont /DDACTR+BookAntiqua,BoldItalic HB0069: Caption bill, held on desk - pending amdt. 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. 333 333 389 583 277 333 277 277 endobj Class D felonies carry possible sentences of 2 to 12 years in prison and fines up to $5,000. /BaseFont /Arial,Bold At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (d) Acts which constitute an offense under this section may be prosecuted under this section or any other applicable section, but not both. for pass. << Class D Felonies. endobj The offender could threaten harm on the way into the building, on the way out, or in the middle of breaking and entering. (a) Aggravated burglary is burglary of a habitation as defined in 39-14-401 and 39-14-402. % Habitation is defined by T.C.A. 556 222 222 500 222 833 556 556 (1) Burglary of a habitation or building other than a habitation; and 5 0 obj Any crime that carries a possible penalty of one year and up to life in prison or the death penalty is a felony. 610 610 389 556 333 610 556 777 Burglary. Aggravated burglary. (b) For the purposes of this section, victim means any person lawfully on the premises. >> Examples include robbery, aggravated burglary, and aggravated assault. @)6}-?y/ unxQ8 -[i|@bK{^P# Iox#7=Y .;YPx/uqtaMixyLmX. C*w ES!$C::D(E!,92G+69*]eXq{]P`.4*a-U`5Vzql ,Cj5s7 {@"~%~*~2*F9;| ?]j"~]1h7+ 5(V8ClShWH?/&B:ToP@+rCS>V$ JP3a'=gOOsU1iC2Pu0f< O$O_J1qk>,Btup?3ifzRwxpwZ{7cGl? 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. 39-13-1002(a), a person commits burglary who, without Calendar & Rules Committee, HB1232: Assigned to s/c Criminal Justice Subcommittee, SB1127: Passed on Second Consideration, refer to Senate Judiciary Committee, HB1248: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB1470: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB1313: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1325: Assigned to General Subcommittee of Senate Judiciary Committee. /Encoding /WinAnsiEncoding /Ascent 923 in Agriculture & Natural Resources Committee, HB0385: Action Def. >> /Flags 32 Terms Used In Tennessee Code > Title 39 > Chapter 14 > Part 4 - Burglary and Related Offenses. << Criminal Offenses 39-17-1301 - last updated January 01, 2020 666 777 722 666 610 722 666 943 /LastChar 255 Examples include carjacking, sex trafficking, and money laundering. Some offenders may be able to shave time off their sentence by earning good-time credits or by getting an educational degree in prison. FISCAL IMPACT: Increase State Expenditures - $5,210,900 Incarceration Assumptions: Aggravated Burglary Pursuant to Tenn. Code Ann. Conditions typically include obeying all laws, reporting to their parole officer, maintaining employment, submitting to drug tests, and not moving or traveling without permission. Tennessee General Assembly Bills By Subject Legislation by Subject Topic for the 112th General Assembly 2021-2022 Legislation filed under: Criminal Offenses The primary subject of a bill in this list may be different from the subject listed above. x\_sFw\c&TqjKuX"D5G`vvBMKgE5wJl/~Y>,fyvvt4.]p:>$8*fR%LE$d`,x, 7/I=7~|{|{d,D\ 7H On~o0`Szo7o9&sU 2k-^@;"] ~08W#E D6G#*!l F'xV'B;wct=\O01e4W,+rKggJFXXj(syVYO:x;wK*C9^df1/@!B|J+2BrX8e4CX\gP=w8_4~,,pV%LxZ|y M$ MB.#p'WVKxxv?~4]yDvd|z^W] court opinions. endobj >> /Type /Font 2023 LawServer Online, Inc. All rights reserved. SB0586: Assigned to General Subcommittee of Senate Judiciary Committee, HB0695: Assigned to s/c Criminal Justice Subcommittee, SB0480: Assigned to General Subcommittee of Senate Judiciary Committee, SB1228: Effective date(s) 05/25/2021, 10/01/2021, HB0724: Assigned to s/c Health Subcommittee, SB0204: Assigned to General Subcommittee of Senate Judiciary Committee, SB0903: Assigned to General Subcommittee of Senate Judiciary Committee, HB0805: Taken off notice for cal in s/c Elections & Campaign Finance Subcommittee of Local Government Committee, SB1413: Assigned to General Subcommittee of Senate State and Local Government Committee, HB0833: Assigned to s/c Criminal Justice Subcommittee, SB0637: Assigned to General Subcommittee of Senate Judiciary Committee, HB0894: Assigned to s/c Criminal Justice Subcommittee, HB0901: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB1331: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB0972: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1476: Passed on Second Consideration, refer to Senate Judiciary Committee, HB0981: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB1184: Assigned to General Subcommittee of Senate Judiciary Committee, HB1057: Assigned to s/c Public Service Subcommittee, SB0932: Assigned to General Subcommittee of Senate State & Local Government Committee, HB1074: Received from House, Passed on First Consideration, SB0358: Failed in Senate Judiciary Committee, HB1084: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1453: Assigned to General Subcommittee of Senate Judiciary Committee, HB1099: Assigned to s/c Criminal Justice Subcommittee, SB0697: Assigned to General Subcommittee of Senate Judiciary Committee, HB1143: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB0284: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB1160: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1040: Passed on Second Consideration, refer to Senate Judiciary Committee, HB1177: Assigned to s/c Criminal Justice Subcommittee, SB1238: Passed on Second Consideration, refer to Senate Judiciary Committee, HB1181: Effective date(s) 05/06/2021; 07/01/2021, SB0649: Assigned to General Subcommittee of Senate Transportation and Safety Committee, SB1165: Re-ref. 39-14-404 This is a Class B Felony punishable by 8 to 30 years in prison and/or up to a $25,000 fine. Passed on Second Consideration, refer to Senate Judiciary Committee. Tennessee may have more current or accurate information. 2023 LawServer Online, Inc. All rights reserved. /DisplayDocTitle false Rocky McElhaney Law Firm is a Nashville personal injury and auto accident l. There may be policies in your employee handbook that any plead or conviction for a crime of dishonesty such as burglary will result in termination of employment. [/PDF /Text /ImageC] Any felony conviction disqualifies you for life from ever possessing or being around a firearm or ammunition. HB1598: P2C, caption bill, held on desk - pending amdt. ,j(;-o^7Vb! Counts: 1 Thru 1 TCA:Silverdale39140403 TIBRS: 220 THEFT OF PROPERTY Counts: 2 Thru 2 TCA . Examples include extortion, reckless homicide, and unlawful surveillance. 556 333 333 360 333 500 889 889 777 722 722 722 722 666 666 610 833 605 833 777 777 777 777 610 556 556 556 556 556 556 889 500 3 0 obj When making sentencing decisions, the court looks to numerous factors, such as the seriousness of the offense, public safety, and rehabilitation of the offender. endobj In certain circumstances and if your first criminal offense, you may possibly qualify for pre trial or post trial diversion which would expunge a burglary conviction from your record. LAS CRUCES - Unofficial crime statistics from the Las Cruces Police Department show that reports of aggravated assaults and vehicle thefts reached an all-time high in Las Cruces in 2021. ; Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. What If Your Law School Loses Its Accreditation? 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. << 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. /ItalicAngle 0 /FontBBox [ -628 -376 2000 1056 ] 556 556 333 500 277 556 500 722 Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Standard offenders fall under Range I penalties. in Covid-19 Committee of Extraordinary Session III, SB9078: Placed on Senate Health and Welfare Committee calendar for 10/28/2021, SB9035: Assigned to General Subcommittee of Senate Health and Welfare Committee, HB9040: Taken off notice for cal. 333 556 610 556 610 556 333 610 500 1000 333 1000 443 333 777 750 277 333 474 556 556 889 722 237 There may be additional collateral consequences for a conviction of burglary. in Finance, Ways, and Means Committee, HB2805: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2717: Assigned to General Subcommittee of Senate Judiciary Committee, HB2807: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2715: Passed on Second Consideration, refer to Senate Judiciary Committee, HB2836: Assigned to s/c Criminal Justice Subcommittee, SB2685: Passed on Second Consideration, refer to Senate Judiciary Committee, HB2853: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2157: Passed on Second Consideration, refer to Senate Judiciary Committee, SB2243: Failed to pass H., Ayes 32, Nays 40, PNV 18, HB9013: Taken off notice for cal. 556 556 333 333 583 583 583 610 4 0 obj Class D felonies carry possible sentences of 2 to 12 years in prison and fines up to $5,000. 777 722 722 722 722 666 666 610 Attorney's Note Under the Tennessee Code, punishments for crimes depend on the classification. LawServer is for purposes of information only and is no substitute for legal advice. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 666 666 610 277 277 277 469 556 /Subtype /TrueType (c) Especially aggravated burglary is a Class B felony. Another major factor to be proven is your intent. Please check official sources. Examples include robbery, aggravated burglary, and aggravated assault. Tennessees new Truth in Sentencing Act (TISA), effective July 1, 2022, eliminates the possibility of probation or parole for certain crimes. Class E felonies carry possible sentences of 1 to 6 years in prison and fines up to $3,000. 39-14-404. /LastChar 255 ] O&rWx)} /ItalicAngle -95 Lawmakers have singled out certain crimes for longer terms. Below are the sentencing ranges for each felony class and examples of crimes falling under each classification. 737 443 443 443 443 443 333 333 Not all crimes fall under the standard percentages described above. (a) Especially aggravated burglary is: (1) Burglary, as described in 39-13-1002, of a habitation or building other than a habitation; and (2) Where the victim suffers serious bodily injury. 39-14-403. endobj /Outlines 2 0 R 850a and 6 0 obj Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, Range I (standard offender): 8 to 12 years, Range II (multiple offender): 12 to 20 years, Range III (persistent offender): 20 to 30 years, Range III (career offender): 30 years' incarceration, Especially mitigated: must serve 20% of their sentence, Range I: must serve 30% of their sentence, Range II: must serve 35% of their sentence, Range III: must serve 45% of their sentence. >> /Type /Outlines /CapHeight 500 in Criminal Justice Committee, SB1003: Assigned to General Subcommittee of Senate Judiciary Committee. 76b of the Uniform Code of Military Justice, https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-17-1301.html, Read this complete Tennessee Code Title 39. 556 556 556 537 389 443 389 556 /PageMode /UseNone endobj /Count 0 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. What are possible aggravated burglary punishments? 666 556 556 556 556 556 556 556 /Descent 211 (b) Aggravated burglary is a Class C felony. /BaseFont /Arial There are number of other facts to evaluate to determine whether a prosecutor can meet the elements outlined above. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 2 The FBI does not publish arson data unless it receives data from either the agency or the state for all 12 months of the calendar year. 666 1000 722 610 666 333 605 333 389 389 777 777 833 833 833 833 Parolees must be actively supervised in the community for at least a year. to Special Calendar to be Published with Final Calendar in Health Committee, SB0657: Passed on Second Consideration, refer to Senate Judiciary Committee, HB0585: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB1138: Failed in Senate Judiciary Committee, HB0601: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB0025: Assigned to General Subcommittee of Senate Judiciary Committee, HB0628: Assigned to s/c Criminal Justice Subcommittee, SB0432: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB0629: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB0438: Assigned to General Subcommittee of Senate Judiciary Committee, SB0530: Action deferred in Senate Commerce and Labor Committee to first calendar of 2022. See the data declaration for further explanation. } /Name /F1 Simple robbery occurs when you use force, threat, or intimidation, while aggravated robbery occurs when you commit a crime with a weapon or assault the victim. in Government Operations Committee, SB1767: Failed in Senate Judiciary Committee, HB1696: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB2014: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB1756: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1828: Assigned to General Subcommittee of Senate Transportation and Safety Committee, HB1761: Assigned to s/c Criminal Justice Subcommittee, SB2833: Passed on Second Consideration, refer to Senate Judiciary Committee, HB1770: Taken off notice for cal in s/c Business & Utilities Subcommittee of Commerce Committee, SB1771: Assigned to General Subcommittee of Senate Commerce and Labor Committee, HB1859: Assigned to s/c Criminal Justice Subcommittee, SB1788: Failed in Senate Judiciary Committee, HB1886: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB2506: Assigned to General Subcommittee of Senate Judiciary Committee, HB1911: Def. Failure to abide by the terms can result in revocation of parole and going back to prison. Probation gives the offender an opportunity to serve most or all of their sentence in the community under certain conditions. 1 0 obj /Encoding /WinAnsiEncoding to Summer Study in Elections & Campaign Finance Subcommittee, HB0578: Def. SB1504: Assigned to General Subcommittee of Senate Judiciary Committee, SB0964: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB1321: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB0946: Action deferred in Senate Judiciary Committee to 3/30/2022. endobj Especially aggravated burglary constitutes a Class B felony. If any information contained herein is in disagreement with any statute contained in the T.C.A., then any such information should be disregarded as the T.C.A. /LastChar 255 for more information.