What is aggravated burglary in tn?

What is Aggravated Burglary in TN?

In the state of Tennessee, burglary is a serious crime that can result in severe penalties. However, there is a more serious form of burglary known as aggravated burglary, which is considered a felony offense. In this article, we will explore what constitutes aggravated burglary in TN, its penalties, and the defense strategies that can be employed.

What is Burglary in TN?

Before we dive into aggravated burglary, it is essential to understand what regular burglary is in TN. According to Tennessee Code Annotated (TCA) §39-14-401, burglary is the unauthorized entry into a habitation or structure with the intent to commit a crime, such as theft, assault, or other malicious acts. Burglary can occur in a home, apartment, business, or any other type of structure.

What is Aggravated Burglary in TN?

Aggravated burglary is a more severe form of burglary that involves the use of force or the threat of force during the commission of the offense. According to TCA §39-14-402, aggravated burglary occurs when a person enters or remains in a habitation or structure with the intent to commit a crime and:

• Uses or threatens to use physical force against another person
• Disarms or attempts to disarmed a person
• Is armed with a deadly weapon
• Is aided or assisted by another person with a deadly weapon

Examples of Aggravated Burglary in TN

• A person enters a home with the intention of stealing valuables. They use a crowbar to break open the door and threaten to harm the homeowner if they do not comply with their demands.
• A group of people break into a business late at night, armed with baseball bats and intent on stealing cash and merchandise.

Penalties for Aggravated Burglary in TN

Aggravated burglary is a Class C felony in TN, punishable by:

• 15 years to 25 years in prison
• A fine of up to $25,000
• Possibly having to pay restitution to the victim

Defenses to Aggravated Burglary in TN

While aggravated burglary is a serious offense, there are several defenses that can be employed to reduce the penalties or even secure an acquittal. Some of the most common defenses include:

• Lack of Intent: If the accused did not intend to commit a crime, they may be able to argue that they were mistaken or misled about the situation.
• Mistaken Identification: If the accused is mistaken for someone else or if the victim misidentifies them, this can be a viable defense.
• Entrapment: If the accused was goaded or encouraged by the police or another person to commit the crime, entrapment may be a valid defense.
• Self-Defense: If the accused was defending themselves or others from harm during the commission of the burglary, they may be able to argue that they used reasonable force.

Statistics on Aggravated Burglary in TN

According to the Tennessee Bureau of Investigation (TBI), there were 6,344 reported burglaries in the state in 2020. Of these, 1,424 were classified as aggravated burglaries. The majority of aggravated burglaries occurred during the daytime hours, between 12 pm and 6 pm.

Table 1: Aggravated Burglary Statistics in TN (2020)

Conclusion

Aggravated burglary is a serious offense in the state of Tennessee, carrying severe penalties and long prison sentences. If you are facing charges of aggravated burglary, it is essential to work with an experienced criminal defense attorney who can help you build a strong defense and negotiate the best possible outcome. Remember, understanding the laws and penalties related to aggravated burglary can help you make informed decisions and protect your rights.