Tennessee Criminal Lawyer Blog

Burglary cases often involve many complex issues. If you are charged with Burglary in Tennessee, contact a defense attorney. Our Tennessee criminal defense lawyers will assess your case and discuss the legal ramifications of any important decisions you must make.

Under the old days, the burglary statutes in Tennessee looked much different than the modern statutes as the modern burglary statutes are a major change from prior law. Formerly, there were different levels of burglary such as burglary, burglary in the second degree, and burglary in the third degree. These have now all been eliminated. In addition, there was a major focus on whether the act occurred at either daylight or at night. The legislature abandoned the daytime/nighttime distinction because the risks and types of intrusions were the same no matter when the act occurred.

The burglary statute discussed below only applies to intrusions involving buildings that are not habitations and those involving motor vehicles.

According to modern Tennessee law, a person commits burglary who, without the effective consent of the property owner:

• Enters a building other than a habitation (or any portion thereof) not open to the public, with intent to commit a felony, theft or assault;
• Remains concealed, with the intent to commit a felony, theft or assault, in a building;
• Enters a building and commits or attempts to commit a felony, theft or assault; or
• 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. Tenn. Code Ann. § 39-14-402 (2007).

The word “enter” as used above means:

• Intrusion of any part of the body; or
• Intrusion of any object in physical contact with the body or any object controlled by remote control, electronic or otherwise.

Intrusion with the intent to commit misdemeanor theft is included in burglary because of the practical impossibility of proving that a trespasser intended to steal property of sufficient value to constitute a felony theft.

If you are convicted under any of the top three bullets above, the violation is a Class D felony. If you are convicted under the last bullet above, the violation is a Class E felony. Tennessee criminal defense lawyers understand the complex issues associated with a burglary charge and work to ensure that citizens charged with this criminal offenses are treated fairly. Our office handles burglary charges in Knoxville, Sevierville, Maryville, Newport, Morristown, Johnson City, and Chattanooga.