Is Burglary a Felony in Tennessee?

Burglary may be taken more seriously than shoplifting, which is the criminal act of intentionally taking merchandise or property from an establishment (i.e., a retail store) without paying for it. With this, you may wonder whether a burglary conviction has harsher criminal consequences. Continue reading to learn whether burglary is considered a felony offense by Tennessee law and how one of the experienced Clarksville shoplifting lawyers at Fendley and Etson can fight to reduce or altogether eliminate such a charge placed against you.

According to Tennessee law, what is the definition of burglary?

Generally speaking, you may be suspected of committing burglary if you enter a habitation or building that is not open to the public without a property owner’s consent. Further, Tennessee law holds that, for a burglary accusation to be legitimate, you must have also held the intent to commit a felony, theft, assault, or otherwise a criminal act.

Besides a habitation or building, Tennessee law also recognizes entering a freight, passenger car, trailer, car, boat, airplane, or any other type of motor vehicle as the possible start of a burglary act.

Is burglary considered a felony offense in the state of Tennessee?

To put it plainly, burglary is indeed considered a felony offense in the state of Tennessee. With this, you must understand that burglary may be recognized in several felony offense classes.

For one, a Class E or D burglary conviction may be upgraded to a Class C aggravated burglary conviction if you were found guilty of committing burglary of a habitation. Secondly, a Class C aggravated burglary conviction may be upgraded to a Class B especially aggravated burglary if you were found guilty of committing burglary of a building where the victim(s) suffered serious bodily injuries. Namely, in this case, a victim is considered an individual who is lawfully present in the habitation or building at the time of your criminal act.

Without further ado, the potential penalties for the different classes of burglary read as follows:

• Burglary as a Class E felony offense:
  • A prison sentence of anywhere between one to six years.
  • A fine of up to $3,000.
• Burglary as a Class D felony offense:
  • A prison sentence of anywhere between two to 12 years.
  • A fine of up to $5,000.
• Burglary as a Class C felony offense (i.e., aggravated burglary):
  • A prison sentence of anywhere between three to 15 years.
  • A fine of up to $10,000.
• Burglary as a Class B felony offense (i.e., especially aggravated burglary):
  • A prison sentence of anywhere between eight to 30 years.
  • A fine of up to $25,000.

We recommend that you seek legal representation from one of the skilled Montgomery County criminal defense lawyers before it is too late. Someone at Fendley and Etson will be happily awaiting your phone call.