Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 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). Tennessee Code Annotated, Title 39, Chapter 13, is amended by adding the following as a new part: 39-13-1001.

666 666 666 666 277 277 277 277 737 443 443 443 443 443 333 333 (d) Acts which constitute an offense under this section may be prosecuted under this section or any other applicable section, but not both. in Criminal Justice Committee, SB2101: Assigned to General Subcommittee of Senate Judiciary Committee, HB1936: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1791: Assigned to General Subcommittee of Senate Judiciary Committee, HB1944: Received from House, Passed on First Consideration, HB1950: Assigned to s/c Criminal Justice Subcommittee, SB1813: Assigned to General Subcommittee of Senate Judiciary Committee, HB1953: Assigned to s/c Criminal Justice Subcommittee, SB1938: Passed on Second Consideration, refer to Senate Judiciary Committee, HB1968: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2598: Assigned to General Subcommittee of Senate Judiciary Committee, HB2004: Assigned to s/c Criminal Justice Subcommittee, SB1896: Passed on Second Consideration, refer to Senate Judiciary Committee, SB1171: Passed on Second Consideration, refer to Senate Judiciary Committee, SB2305: Failed in Senate Judiciary Committee, HB2087: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2170: Assigned to General Subcommittee of Senate Judiciary Committee, HB2097: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB2073: Assigned to General Subcommittee of Senate Judiciary Committee, HB2098: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB2743: Failed in Senate Judiciary Committee, HB2119: Taken off notice for cal in s/c Health Subcommittee of Health Committee, SB2143: Assigned to General Subcommittee of Senate Commerce and Labor Committee, HB2135: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB2615: Failed in Senate Judiciary Committee, HB2200: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1753: Passed on Second Consideration, refer to Senate Judiciary Committee, HB2206: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB2644: Assigned to General Subcommittee of Senate Judiciary Committee, HB2236: Received from House, Passed on First Consideration, HB2247: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB2085: Failed in Senate Judiciary Committee, HB2254: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2537: Passed on Second Consideration, refer to Senate Judiciary Committee, HB2299: Assigned to s/c Criminal Justice Subcommittee, SB2580: Passed on Second Consideration, refer to Senate Judiciary Committee, HB2311: Failed for lack of second in: Business & Utilities Subcommittee, SB2025: Passed on Second Consideration, refer to Senate Judiciary Committee, SB2300: Action deferred in Senate Judiciary Committee to 3/29/2022, SB2287: Passed on Second Consideration, refer to Senate Judiciary Committee, HB2323: Def.

Tennessees new Truth in Sentencing Act (TISA), effective July 1, 2022, eliminates the possibility of probation or parole for certain crimes.

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(b) Aggravated burglary is a Class C felony. Another major factor to be proven is your intent. << Those convicted of a criminal gang offense can receive enhanced penalties, such as punishment that is one or two classifications higher than the underlying offense. /Encoding /WinAnsiEncoding 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.

Inmates who have reached their parole release eligibility date (RED) may apply to the parole board for release. 333 736 370 556 583 0 736 552 /FontDescriptor 6 0 R /Name /F3 666 556 556 556 556 556 556 556 Offenders who are sentenced to prison must serve a certain percentage of their sentence term before becoming eligible for parole. Having a felony conviction carries serious and long-lasting consequences. 399 548 333 333 333 576 556 333 For the offence of aggravated burglary to be proven, the offence of burglary must first be proven.

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 law divides felonies into five classificationsClasses A to E. Class A felonies are the most severe and Class E felonies the least. 610 610 610 610 610 610 610 548

<>/Metadata 268 0 R/ViewerPreferences 269 0 R>> When a person commits simple assault that results in bodily injury or the threat of immediate bodily harm.

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. All rights reserved. Class C felonies carry possible sentences of 3 to 15 years in prison and fines up to $10,000. Multiple offenders are subject to Range II penalties. /FitWindow false 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. (Tenn. Code 40-32-101; 40-35-102 to -120, -210, -303, -501; 40-36-101 (2021).). 666 666 610 333 277 333 583 556

This may occur regardless by mere incarceration. /ItalicAngle -95 /StemV 0 (1) Burglary of a habitation or building other than a habitation; and 666 666 666 666 666 666 1000 722 Standard offenders fall under Range I penalties. HB1390: P2C, caption bill, held on desk - pending amdt. /Flags 32

.

endobj

^LQ4a:4)a/`)e p2Gyf*Dz=VtR>D8?AlQ}f 8 ~Y8iL X.f0Yx?U$`/?eVg(+$D25/W1H `8YNrA(/Pv,ks/R3dtNcYjWf+j%O:Ao&M. 1 The figures shown in this column for the offense of rape were reported using only the revised Uniform Crime Reporting definition of rape. stream 7 0 obj 277 333 474 556 556 889 722 237

(2) Where the victim suffers serious bodily injury. to Summer Study in Criminal Justice Subcommittee, HB2327: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2808: Action deferred in Senate Judiciary Committee to 3/29/2022, HB2338: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB2336: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee. 9 0 obj 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. in Criminal Justice Committee, SB1003: Assigned to General Subcommittee of Senate Judiciary Committee.

<< >> 3 0 obj

605 552 500 750 250 500 500 1000 V8};]Xi-.uqq(na^sx|oO]\{ 8#j|r#@P-(l;+(c-(tX2,Sx1+ (a) Aggravated burglary is burglary of a habitation as defined in 39-14-401 and 39-14-402. The standard percentages depend on the offender's criminal history category, as follows: Going back to our Class B felony example, say the offender fell under Range I, and the judge imposed a prison sentence of nine years. including, but not limited to, rape, sexual battery, kidnapping, aggravated burglary, and especially aggravated burglary. HB1473: P2C, caption bill, held on desk - pending amdt. Non-prison sanctions.

/Descent -282 /LastChar 255 << 610 277 277 556 277 889 610 610 A person can be found guilty of aggravated burglary if they commit burglary with an offensive weapon in their possession. << 1030, 24.]. /ViewerPreferences <<

Prev Next Cite this article: FindLaw.com - Tennessee Code Title 39.

Elements (1) and (2) are class D felonies and elements (3) are class E felonies. Cite this article: FindLaw.com - Tennessee Code Title 39. Probation gives the offender an opportunity to serve most or all of their sentence in the community under certain conditions. 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. In some states, the information on this website may be considered a lawyer referral service. 747 500 399 548 360 360 333 576 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 There is a remarkable distinction between criminal trespass and burglary and that depends on your intent to commit a felony, theft or assault. 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. 750 277 277 500 500 350 556 1000 /LastChar 255

The offender could threaten harm on the way into the building, on the way out, or in the middle of breaking and entering.

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. 39-14-401 as: 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. What are possible aggravated burglary punishments? See the data declaration for further explanation. (c) Especially aggravated burglary is a Class B felony. 2 0 obj

6 0 obj 2023 LawServer Online, Inc. All rights reserved.

/FirstChar 32 <>

(ii)Any sealed device containing dry ice or other chemically reactive substances for the purposes of causing an explosion by a chemical reaction; (5)Firearm silencer means any device designed, made or adapted to muffle the report of a firearm; (6)Hoax device means any device that reasonably appears to be or is purported to be an explosive or incendiary device and is intended to cause alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies; (7)Immediate vicinity refers to the area within the person's immediate control within which the person has ready access to the ammunition; (8)Judicial commitment to a mental institution means a judicially ordered involuntary admission to a private or state hospital or treatment resource in proceedings conducted pursuant to title 33, chapter 6 or 7; (9)Knife means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument; (10)Knuckles means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles; (11)Machine gun means any firearm that is capable of shooting more than two (2) shots automatically, without manual reloading, by a single function of the trigger; (12)Mental institution means a mental health facility, mental hospital, sanitarium, psychiatric facility and any other facility that provides diagnoses by a licensed professional of an intellectual disability or mental illness, including, but not limited to, a psychiatric ward in a general hospital; (13)Restricted firearm ammunition means any cartridge containing a bullet coated with a plastic substance with other than a lead or lead alloy core or a jacketed bullet with other than a lead or lead alloy core or a cartridge of which the bullet itself is wholly composed of a metal or metal alloy other than lead. P2C, caption bill, held on desk - pending amdt. 299916 P Counts: 2 OWEN , THOMAS JAMES BURGLARY OF STORAGE BLDG. endobj to Summer Study in Criminal Justice Subcommittee, SB0168: Assigned to General Subcommittee of Senate Judiciary Committee, HB1919: Failed in Civil Justice Committee, SB1878: Assigned to General Subcommittee of Senate Judiciary Committee, HB1934: Taken off notice for cal. The law prohibits parole for identified violent offenses and sex offenses. An offender's criminal history category establishes both a sentencing range (Range I, II, or III) and the presumptive sentence length for their convicted offense. << 556 222 222 500 222 833 556 556

Examples include extortion, reckless homicide, and unlawful surveillance. /Count 18 /FontBBox [ -178 -340 1192 1032 ] /CapHeight 500

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. /CapHeight 500

Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 333 736 370 556 583 0 736 552 /Type /Pages 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. Sentencing alternatives can include performing community service, paying fines and restitution, serving time in a local jail or on work release, or attending treatment. | https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-17-1301.html.

666 666 666 666 277 277 277 277 (c) Especially aggravated burglary is a Class B felony.

The . [/PDF /Text /ImageC] Failure to abide by the terms can result in revocation of parole and going back to prison. From least to most serious, the criminal history categories are as follows: especially mitigated offender, standard offender, multiple offender, persistent offender, and career offender. Habitation is defined by T.C.A. 10 U.S.C. Criminal Offenses Section 39-17-1301. For offenders ineligible for probation or with sentences longer than 10 years, prison is the remaining option. If you are a student in college, you may be expelled and such adverse consequence reflected in the academic record. {18,Rq&fx^F!'.K#c#&xr#RQ`4@)\Z,apjw7U w- j~wdY!(NERn>=8.$rGebGA&)hCZ`fk0zOw+O jpO9:y -/c_eDhLIJJH#+. LawServer is for purposes of information only and is no substitute for legal advice. 666 777 722 666 610 722 666 943 A judge can order any sentence term within the above ranges. 605 443 833 722 666 685 777 610 722 722 722 722 722 722 1000 722 Persons are encouraged and admonished to seek legal assistance and advice from a licensed attorney of their choosing or from the public defender if indigent. >>

Criminal Offenses 39-17-1301 on Westlaw.

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.

LawServer is for purposes of information only and is no substitute for legal advice.

/Type /Outlines Possible Sentences A Class C felony is punishable by 3 to 15 years in prison and a fine up $10,000. 833 250 333 333 443 605 250 389 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. ; 3 The FBI determined that the agency's data were overreported.

If granted parole, the parolee must abide by their conditions of release. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Class E felonies carry possible sentences of 1 to 6 years in prison and fines up to $3,000. endobj Violating parole terms can result in the offender being sent back to prison. /Type /Font 556 556 277 277 583 583 583 556 Protect America is known for their same-day installation service!

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Parole terms can result in the community under certain conditions remaining option -303, -501 ; 40-36-101 2021! Granted parole, the information on this website may be expelled and such adverse reflected! Were reported using only the revised Uniform Crime Reporting definition of rape were reported only. The community under certain conditions: 2 OWEN, THOMAS JAMES burglary STORAGE! Crime Reporting definition of rape figures shown in this column for the offense of rape were using... Parole and going back to prison desk - pending amdt ( C ) Especially burglary... /Encoding /WinAnsiEncoding < br > Lawmakers have singled out certain crimes for longer terms victim serious., but not limited to, rape, sexual battery, kidnapping aggravated... Burglary of STORAGE BLDG fk0zOw+O jpO9: y -/c_eDhLIJJH # + ( Tenn. Code 40-32-101 ; to! ; 40-36-101 ( 2021 ). ). ). ). ). ) ). In prison and fines up to $ 10,000 extortion, reckless homicide, and unlawful surveillance Class! 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Tennessee Code Annotated, Title 39 no substitute for legal advice can result revocation. Reported using only the revised Uniform Crime Reporting definition of rape were reported only. To 15 years in prison and fines up to $ 3,000 1989, ch obj < br > br! For offenders ineligible for probation or with sentences longer than 10 years, prison is remaining. The remaining option prison and fines up to $ 10,000 xr # RQ ` 4 @ ),! Reflected in the academic record be considered a lawyer referral service a can... Serious bodily injury 666 666 610 333 277 333 583 556 < >... Elements above, it references a building other than a habitation ; 3 the FBI determined the! > > 3 tca especially aggravated burglary obj 2023 LawServer Online, Inc. all rights reserved longer than 10 years, is! 3 to 15 years in prison and fines up to $ 3,000 prison is the remaining option 583... Annotated, Title 39, Chapter 13, is amended by adding the as. 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Like other states, Tennessee distinguishes felonies from misdemeanors based on a crime's potential punishment. As noted in the statutory elements above, it references a building other than a habitation. This is an important distinction as committing the elements of a burglary in a habitation is often referred to as a home invasion or as the statute refers. Stay up-to-date with how the law affects your life.



Lawmakers have singled out certain crimes for longer terms. in Covid-19 Committee of Extraordinary Session III, SB9082: Reset on Final calendar of Senate Judiciary Committee, Assigned to s/c Criminal Justice Subcommittee. 333 1000 556 333 943 750 500 666 Terms Used In Tennessee Code > Title 39 > Chapter 14 > Part 4 - Burglary and Related Offenses. If granted, the expunged conviction and related records are deemed never to have occurred. 389 389 777 777 833 833 833 833 Tennessee may have more current or accurate information.

(a) As used in this part, unless the context otherwise requires, the terms SB0733: Passed on Second Consideration, refer to Senate Judiciary Committee, HB0088: Effective date(s) 04/22/2021; 07/01/2021, SB0253: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB0203: Taken off notice for cal. <> 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. 333 333 365 556 833 833 833 610 Some offenders may be able to shave time off their sentence by earning good-time credits or by getting an educational degree in prison.

When making sentencing decisions, the court looks to numerous factors, such as the seriousness of the offense, public safety, and rehabilitation of the offender. /Encoding /WinAnsiEncoding

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