Joshua T. Crain Law Blog

What is the Punishment for Breaking and Entering in Tennessee?

According to the Poor People’s Campaign, Tennessee is home to almost two million low-income individuals. The Spotlight on Poverty & Opportunity also notes that over 13% of the population struggles with food insecurity. Based on these numbers, it is not difficult to imagine why people commit crimes like shoplifting or breaking and entering in Tennessee. Regardless of the underlying reason, however, the consequences of this offense remain the same.

Breaking and Entering is Called “Burglary” in Tennessee

Technically speaking, breaking and entering is called “burglary” in Tennessee. When you hear the word “burglar,” you might assume that this crime involves some kind of theft. However, this is not always the case. In Tennessee, you can face charges for breaking into a building regardless of whether you intended to steal anything or not.

In addition, it is important to understand that you do not necessarily need to “break” into a building in order to face burglary charges. You might also face this charge if you remain in a building without permission. For example, you might hide in a grocery store and emerge once it’s closed. You might also simply climb through an open window or walk through an unlocked door.

Burglary may involve any kind of “intrusion” into a building, and your entire body does not need to enter the premises. For example, you might face this charge if you simply reach into a store through a window. You can even face this charge if you enter a building using some kind of device, like an extendable “grabber stick” or a remote control device (like a drone).

Prosecutors can only convict you of burglary if they can prove you intended to commit a felony, theft, or assault. If they cannot prove this beyond a reasonable doubt, then you may escape penalties. You might also face lesser charges like trespassing or vandalism.

Burglary is a Felony in Tennessee

Burglary is always a felony in Tennessee. However, you could face either a Class D felony or a Class E felony. Entering vehicles (such as automobiles, boats, airplanes, and trains) is a Class E felony, while entering buildings is a Class D felony.

A Class E felony can lead to up to six years in prison, while a Class D felony can lead to a prison sentence of up to 12 years. Aside from incarceration, convicts might face thousands of dollars in fines and the loss of certain rights. This includes the loss of the right to purchase, possess, and acquire firearms, which extends to all convicted felons in the United States.

Can Tennessee Criminal Defense Lawyers Help Fight Breaking and Entering Charges?

If you face charges related to breaking and entering, consider speaking with an experienced Tennessee defense attorney. These legal professionals may be able to help you get started with an effective defense strategy. A consultation is often more effective than online research, as it gives you the chance to discuss your unique circumstances. Contact The Law Offices of Josh T. Crain to explore this subject further.