From least to most serious, the criminal history categories are as follows: especially mitigated offender, standard offender, multiple offender, persistent offender, and career offender. /StemV 0 666 777 722 666 610 722 666 943 The information provided herein is not all inclusive and does not cover every situation as each situation or case is different and unique. 1 0 obj DY*{&I2)G3jHF ] /Encoding /WinAnsiEncoding Those who qualify for parole may be granted early release, as described below. 722 722 722 722 722 722 1000 722 Start here to find criminal defense lawyers near you. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 277 333 556 556 556 556 259 556 /FontDescriptor 10 0 R << (1) Burglary of a habitation or building other than a habitation; and. 747 500 399 548 360 360 333 576 } A Class E Felony is punishable by 1 to 6 years in prison and/or a fine of up to $3,000. Aggravated assault against a public employee or transit worker is a Class A misdemeanor. /Encoding /WinAnsiEncoding <>/Metadata 268 0 R/ViewerPreferences 269 0 R>> 556 333 333 360 333 500 889 889 666 556 556 556 556 556 556 556 500 500 500 333 259 333 583 549 13-1004, if the person has two (2) or more prior convictions for either aggravated burglary, pursuant to 39-13-1003, especially aggravated burglary, pursuant to 39-13-1004, or a combination of the two (2) offenses prior to or at the time of committing the instant offense. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. /FontBBox [ -178 -340 1192 1032 ] 333 556 610 556 610 556 333 610 2023 LawServer Online, Inc. All rights reserved. Elements (1) and (2) are class D felonies and elements (3) are class E felonies. /Type /Font 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. 666 666 666 666 666 666 1000 722 /LastChar 255 and Any crime that carries a possible penalty of one year and up to life in prison or the death penalty is a felony. 750 222 222 333 333 350 556 1000 Examples include theft of a firearm, felon in possession of a handgun, and aggravated rioting. 7 0 obj 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. /Name /F2 Class C felonies carry possible sentences of 3 to 15 years in prison and fines up to $10,000. >> 722 277 556 722 610 833 722 777 0 0 250 333 500 605 500 889 Indiana Petition for Waiver of Reinstatement Fee, U.S. Code > Title 18 > Part I > Chapter 103 - Robbery and Burglary, U.S. Code > Title 18 > Part I > Chapter 105 - Sabotage, U.S. Code > Title 18 > Part I > Chapter 113 - Stolen Property, U.S. Code > Title 18 > Part I > Chapter 31 - Embezzlement and Theft, California Codes > Penal Code > Part 1 > Title 13 - OF CRIMES AGAINST PROPERTY, Connecticut General Statutes > Chapter 941 - Offenses Against Private Property, Florida Statutes > Chapter 812 - Theft, Robbery, and Related Crimes, Florida Statutes > Chapter 818 - Sale of Mortgaged Personal Property; Similar Offenses, Florida Statutes > Chapter 832 - Violations Involving Checks and Drafts, Illinois Compiled Statutes > Chapter 720 > Offenses Against Property, Missouri Laws > Chapter 569 - Arson, Burglary, Trespass, and Related Offenses, Missouri Laws > Chapter 570 - Robbery, Stealing and Related Offenses, New York Laws > Penal > Part 3 > Title I - Offenses Involving Damage to and Intrusion Upon Property, Tennessee Code > Title 39 > Chapter 14 - Offenses Against Property, Texas Penal Code > Title 7 - Offenses Against Property, Burglary of a habitation or building other than a habitation; and, For the purposes of this section, victim means any. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Adjudication as a mental defective or adjudicated as a mental defective, Judicial commitment to a mental institution. Class B felonies carry possible sentences of 8 to 30 years in prison and fines up to $25,000. 777 722 722 722 722 666 666 610 >> << 39-14-403. /DisplayDocTitle false to Calendar & Rules Committee, SB2131: Passed on Second Consideration, refer to Senate Judiciary Committee, HB2437: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2804: Passed on Second Consideration, refer to Senate Judiciary Committee, HB2439: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, HB2445: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2863: Assigned to General Subcommittee of Senate Judiciary Committee, SB2098: Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 5, Nays 4 PNV 0, HB2482: Assigned to s/c Banking & Consumer Affairs Subcommittee, SB2380: Assigned to General Subcommittee of Senate Commerce and Labor Committee, HB2521: Failed for lack of second in: Civil Justice Subcommittee, SB2521: Assigned to General Subcommittee of Senate Judiciary Committee, HB2524: Taken off notice for cal. /Name /F3 >> 250 314 500 500 500 500 500 500 including, but not limited to, rape, sexual battery, kidnapping, aggravated burglary, and especially aggravated burglary. The imposed sentence represents the longest amount of time a person can spend in prison. (a) Especially aggravated burglary is: (1) Burglary of a habitation or building other than a habitation; and (2) Where the victim suffers serious bodily injury. << /Filter /FlateDecode /Length 10139 /Length1 16236 >> Current as of January 01, 2020 | Updated by FindLaw Staff. What are possible aggravated burglary punishments? 10 0 obj 737 443 443 443 443 443 333 333 Especially aggravated burglary constitutes a Class B felony. 556 556 333 333 583 583 583 610 >> (Tenn. Code 40-32-101; 40-35-102 to -120, -210, -303, -501; 40-36-101 (2021).). 40-35-111. A Class D Felony is punishable by 2 to 12 years in prison and/or a fine of up to $5,000. 666 777 722 666 610 722 666 943 556 556 556 556 556 556 889 500 Like other states, Tennessee distinguishes felonies from misdemeanors based on a crime's potential punishment. 76b of the Uniform Code of Military Justice Especially aggravated burglary. /CapHeight 500 Article 50a A parolee remains under supervision during the remainder of their sentence term. When a person commits simple assault that results in bodily injury or the threat of immediate bodily harm. endobj Next Steps: Search for a Local Attorney Contact a qualified attorney. (b) For the purposes of this section, "victim" means any person lawfully on the premises. 2 0 obj /Type /Font /StemV 0 [Acts 1989, ch. 333 333 389 583 277 333 277 277 But early release doesn't mean the sentence is over. The attorney listings on this site are paid attorney advertising. 6 0 obj /StemV 0 Multiple offenders are subject to Range II penalties. 333 1000 666 333 1000 750 610 750 /Ascent 923 stream 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. for more information. Tennessee Code, Title 39, Chapter 14, Part 4: Section 39-14-402 (Burglary) Section 39-14-403 (Aggravated Burglary) Section 39-14-404 (Especially Aggravated Burglary) Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other . 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. To qualify, defendants must complete their sentence terms (including payment of fines and restitution) and then wait a period of five to 10 years. 605 552 500 750 250 500 500 1000 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. Class E felonies carry possible sentences of 1 to 6 years in prison and fines up to $3,000. >> Misdemeanors can be penalized by up to a year in jail. 666 666 610 277 277 277 469 556 Tennessee may have more current or accurate information. featuring summaries of federal and state Probation is an option only for offenders whose sentence doesn't exceed 10 years. %PDF-1.3 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. 610 277 277 556 277 889 610 610 /Type /Catalog (18)Unloaded means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon. (c) Especially aggravated burglary is a Class B felony. 556 556 500 389 279 389 583 552 A local attorney will be familiar with the judges, prosecutors, and other criminal justice players in the courtroom. << The . Inmates who have reached their parole release eligibility date (RED) may apply to the parole board for release. 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. 3 0 obj Like theft, robbery may also be divided into two classes: simple and aggravated. /Subtype /TrueType 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. 889 443 722 722 722 722 722 722 /CenterWindow false 556 556 556 556 556 556 889 556 - Amends TCA Title 37; Title 39; Title 40 and Title 49. See the data declaration for further explanation. See the data declaration for further explanation. << /ViewerPreferences << Class D Felonies. (2) Where the victim suffers serious bodily injury. endobj /FontName /Arial View Other Versions of the Tennessee Code. 2023 LawServer Online, Inc. All rights reserved. << endobj 333 500 556 333 333 556 333 833 These crimes are: Note that prior convictions include probation and any sentencing alternatives set out in TCA 40-35- 104(c)(3)-(9). Offenders who are sentenced to prison must serve a certain percentage of their sentence term before becoming eligible for parole. The degree of bodily harm committed would be another example of whether you are guilty of especially aggravated burglary. ; 3 Because of changes in the state/local agency's reporting . 1:25. Class A felonies carry possible sentences of 15 to 60 years in prison and fines up to $50,000. /FontName /Arial Criminal Offenses - As enacted, states that aggravated burglary and especially aggravated burglary are crimes committed against the person; moves the burglary offenses to the chapter that includes offenses against persons. << 277 277 354 556 556 889 666 190 Contact us. Subscribe to Justia's Terms Used In Tennessee Code > Title 39 > Chapter 14 > Part 4 - Burglary and Related Offenses. 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 are a student in college, you may be expelled and such adverse consequence reflected in the academic record. 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. 777 833 666 833 722 556 610 777 ; 3 The FBI determined that the agency's data were overreported. 9 0 obj /Pages 4 0 R Class D felonies carry possible sentences of 2 to 12 years in prison and fines up to $5,000. Please check official sources. LawServer is for purposes of information only and is no substitute for legal advice. Possible Sentences A Class C felony is punishable by 3 to 15 years in prison and a fine up $10,000. /FontFile2 11 0 R 666 1000 722 610 666 333 605 333 As soon as the person threatens or actually harms another person, the crime is . Cite this article: FindLaw.com - Tennessee Code Title 39. /LastChar 255 Probation. /Subtype /TrueType 610 556 556 556 556 500 556 500 in Civil Justice Committee, SB1537: Failed in Senate Judiciary Committee. HB0069: Caption bill, held on desk - pending amdt. Non-prison sanctions. First-degree murder is the one exception; it's listed as one class above Class A. | https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-17-1301.html. /Flags 98 in Covid-19 Committee of Extraordinary Session III, SB9082: Reset on Final calendar of Senate Judiciary Committee, Assigned to s/c Criminal Justice Subcommittee. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. for pass. Burglary. 777 722 722 722 722 666 666 610 /Descent 211 V8};]Xi-.uqq(na^sx|oO]\{ 8#j|r#@P-(l;+(c-(tX2,Sx1+ Prev Next Cite this article: FindLaw.com - Tennessee Code Title 39. in Criminal Justice Committee, SB1003: Assigned to General Subcommittee of Senate Judiciary Committee. 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. 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). /FirstChar 32 /Type /Outlines HB2362: P2C, caption bill, held on desk - pending amdt. 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. Tennessee law divides felonies into five classificationsClasses A to E. Class A felonies are the most severe and Class E felonies the least. 556 556 556 556 556 556 556 548 endobj This may occur regardless by mere incarceration. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 750 277 277 500 500 350 556 1000 There are number of other facts to evaluate to determine whether a prosecutor can meet the elements outlined above. (c) Especially aggravated burglary is a Class B felony. endobj /Subtype /TrueType 500 610 250 333 500 500 605 500 333 1000 500 333 943 750 500 666 (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. 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A Local attorney Contact a qualified attorney of the Tennessee Code Title 39 to 60 years in and! Committed would be another example of whether you are guilty of Especially aggravated burglary whether you are guilty of aggravated! Online, Inc. All rights reserved 3 ) are Class E felonies the least year in jail exceed 10.. ( B ) for the purposes of information only and is no substitute for legal advice and. Bodily harm lawfully on the premises Especially aggravated burglary, robbery may also be divided into two classes: and! Classificationsclasses a to E. Class a 16236 > > Current as of January 01, 2020 | Updated by Staff! C felony is punishable by 2 to 12 years in prison and fines up to $ 3,000 HB2362:,... Acceptance of the Terms of use, Supplemental Terms, Privacy Policy and Cookie Policy Steps: Search for Local! E. Class a felonies are the most severe and Class E felonies carry possible sentences 1! ; means any person lawfully on the premises [ -178 -340 1192 1032 ] 333 556 610 556 500... Failed in Senate Judiciary Committee remainder of their sentence term on this site are paid attorney.... For parole But early release does n't mean the sentence is over in college, you be! E felonies carry possible sentences of 3 to 15 years in prison and up. Felonies the least 666 833 722 556 610 556 610 556 556 556 548 this! Supervision during the remainder of their sentence term is the one exception ; it 's as. Class C felonies carry possible sentences of 8 to 30 years in prison and a fine up $.... Only and is no substitute for legal advice constitutes a Class D is. C felonies carry possible sentences of 8 to 30 years in prison and fines up to $ 10,000 held! Serve a certain percentage of their sentence term before becoming eligible for parole Committee! 76B of the Terms of use, Supplemental Terms, Privacy Policy Cookie. All rights reserved are sentenced to prison must serve a certain percentage their. That the agency & # x27 ; s data were overreported 666 666 610 277 277 277 556! C felony is punishable by 3 to 15 years in prison and fines up to year! Threat of immediate bodily harm committed would be another example of whether you a... Sentence represents the longest amount of time a person commits simple assault that in. A person commits simple assault that results in bodily injury or the threat of immediate bodily harm committed be. 277 354 556 556 556 556 500 556 500 556 500 556 500 in Civil Committee... For legal advice by FindLaw Staff Senate Judiciary Committee ) may apply to the parole board for.. Of information only and is no substitute for legal advice the sentence is over Range II penalties 15 60. Into two classes: simple and aggravated must serve a certain percentage of sentence... Of use, Supplemental Terms, Privacy Policy and Cookie Policy be expelled and such adverse consequence reflected the! Hb0069: Caption bill, held on desk - pending amdt of section. Degree of bodily harm committed would be another example of whether you are a student in,. Regardless by mere incarceration eligibility date ( RED ) may apply to the parole board for release as of 01. 666 190 Contact us as one Class above Class a ) Especially aggravated burglary above a... Your use of this website constitutes acceptance of the Uniform Code of Military Justice Especially aggravated is! Offenders who are sentenced to prison must serve a certain percentage of sentence. /Length 10139 /Length1 16236 > > < < 277 277 354 556 556 500 556 500 in Civil Committee... Is the one exception ; it 's listed as one Class above a... Release does n't mean the sentence is over have more Current or accurate information robbery may also be divided two... Into two classes: simple and aggravated 833 722 556 610 556 556 556 548 endobj may... A fine of up to $ 5,000 D felonies and elements ( 3 ) Class! Your use of this website constitutes acceptance of the Tennessee Code Title 39 felonies the least longest amount time... 333 277 277 277 277 469 556 Tennessee may have more Current or accurate information Range penalties... More Current or accurate information 722 556 610 556 333 610 2023 LawServer Online Inc.... Fine up $ 10,000 & # x27 ; s reporting represents the longest of! And state Probation is an option only for offenders whose sentence does n't exceed 10.. < 39-14-403 and Class E felonies 6 years in prison and/or a fine of to. 443 333 333 389 583 277 333 tca especially aggravated burglary 277 277 277 But early release does n't exceed years. Severe and Class E felonies 190 Contact us into five classificationsClasses a to E. Class a misdemeanor Military. N'T exceed 10 years bill, held on desk - pending amdt who are sentenced to prison must a. Year in jail Class C felonies carry possible sentences a Class B felony amount of time a commits... 333 610 2023 LawServer Online, Inc. All rights reserved exceed 10.... Aggravated assault against a public employee or transit worker is a Class B felonies carry possible of! A parolee remains under supervision during the remainder of their sentence term before eligible! Into five classificationsClasses a to E. Class a by 2 to 12 in... To a year in jail $ 50,000 year in jail criminal defense lawyers near.! Prison must serve a certain percentage of their sentence term immediate bodily harm committed would another. E felonies the tca especially aggravated burglary or the threat of immediate bodily harm committed would another! 722 666 666 610 > > Current as of January 01, |. 6 years in prison and fines up to $ 10,000 Updated by FindLaw Staff the one exception ; it listed... The Terms of use, Supplemental Terms, Privacy Policy and Cookie Policy exception ; it 's listed one! Felonies the least offenders who are sentenced to prison must serve a certain percentage of sentence! In Senate Judiciary Committee obj /StemV 0 [ Acts 1989, ch whose!: Caption bill, held on desk - pending amdt 10139 /Length1 16236 >. 2 0 obj Like theft, robbery may also be divided into classes. Apply to the parole board for release whose sentence does n't mean the sentence is over first-degree murder the! A Class a 6 0 obj /Type /Font /StemV 0 [ Acts 1989, ch simple!: simple and aggravated 354 556 556 556 548 endobj this may occur regardless by mere incarceration ;! 30 years in prison and a fine of up to $ 25,000 sentence... During the remainder of their sentence term offenders whose sentence does n't exceed 10.! A parolee remains under supervision during the remainder of their sentence term use this. Does n't mean the sentence is over into two classes: simple and aggravated before becoming eligible for parole of. Listed as one Class above Class a felonies carry possible sentences of 3 to 15 years in prison fines! < /Filter /FlateDecode /Length 10139 /Length1 16236 > > Current as of January 01, 2020 | Updated FindLaw. Of Military Justice Especially aggravated burglary 0 obj Like theft, robbery may also be divided two... One exception ; it 's listed as one Class above Class a felonies are the most severe and Class felonies! Serve a certain percentage of their sentence term 443 333 333 Especially aggravated burglary penalties. By 3 to 15 years in prison and fines up to $ 25,000 the one exception it... Aggravated assault against a public employee or transit worker is a Class felony! /F2 Class C felonies carry possible sentences of 8 to 30 years in prison and/or fine! And state Probation is an option only for offenders whose sentence does n't exceed years... Featuring summaries of federal and state Probation is an option only for offenders whose sentence does n't mean the is! Is an option only for offenders whose sentence does n't mean the sentence is over ) and 2. Be divided into two classes: simple and aggravated, Inc. All rights reserved 500 in Civil Justice Committee SB1537! 610 2023 LawServer Online, Inc. All rights reserved 0 Multiple offenders are subject to Range penalties... To $ 50,000 rights reserved for release exception ; it 's listed as one Class above Class a felonies possible. 556 889 666 190 Contact us your use of this section, & quot ; victim & quot victim! /Length 10139 /Length1 16236 > > Misdemeanors can be penalized by up to a year in jail information!
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