THEFT & BURGLARY

In Tennessee, theft and burglary offenses are serious crimes with substantial legal consequences. The penalties vary based on factors such as the value of the stolen property, the nature of the offense, and any prior criminal history. Understanding the potential punishments and long-term impacts is crucial for anyone facing such allegations.

Here’s an overview of the possible punishments and consequences for theft and burglary charges in Tennessee:

 

POSSIBLE PUNISHMENTS:
 

Theft Offenses

Theft is categorized based on the value of the property stolen:

 

Theft of Property Valued at $1,000 or Less (Class A Misdemeanor)

Imprisonment: Up to 11 months and 29 days.

Fines: Up to $2,500.
 

Theft of Property Valued at More than $1,000 but Less than $2,500 (Class E Felony)

Imprisonment: 1 to 6 years.

Fines: Up to $3,000.
 

Theft of Property Valued at $2,500 to $10,000 (Class D Felony)

Imprisonment: 2 to 12 years.

Fines: Up to $5,000.
 

Theft of Property Valued at $10,000 to $60,000 (Class C Felony)

Imprisonment: 3 to 15 years.

Fines: Up to $10,000.
 

Theft of Property Valued at $60,000 to $250,000 (Class B Felony)

Imprisonment: 8 to 30 years.

Fines: Up to $25,000.
 

Theft of Property Valued at Over $250,000 (Class A Felony)

Imprisonment: 15 to 60 years.

Fines: Up to $50,000.

 

Burglary Offenses

Burglary involves unlawfully entering a building or property with the intent to commit a crime:

 

Burglary (Class D Felony)

Imprisonment: 2 to 12 years.

Fines: Up to $5,000.

Circumstances: Unlawfully entering a building (other than a habitation) with intent to commit a felony, theft, or assault.
 

Aggravated Burglary (Class C Felony)

Imprisonment: 3 to 15 years.

Fines: Up to $10,000.

Circumstances: Unlawfully entering a habitation (a place where someone lives) with intent to commit a felony, theft, or assault.
 

Especially Aggravated Burglary (Class B Felony)

Imprisonment: 8 to 30 years.

Fines: Up to $25,000.

Circumstances: Unlawfully entering a habitation with intent to commit a felony, theft, or assault, and causing serious bodily injury to a victim.

Consequences Beyond Imprisonment and Fines

 

Criminal Record

A conviction for theft or burglary results in a permanent criminal record, affecting future employment, housing, and educational opportunities.
 

Restitution​

Offenders may be required to pay restitution to victims for the value of the stolen property or damages caused by the burglary.
 

Probation and Parole​

Individuals may be subject to probation or parole, with strict conditions including regular reporting to a probation officer and compliance with specific behavioral requirements.
 

Loss of Civil Rights​

A felony conviction can result in the loss of certain civil rights, such as the right to vote, serve on a jury, or possess firearms.
 

Impact on Professional Licenses

Potential loss or suspension of professional licenses, particularly in fields that require public trust or involve handling money or property.

Legal Defenses and Mitigation
 

Lack of Intent

Arguing that the defendant did not intend to commit theft or another crime upon entering the property.
 

Mistaken Identity

Proving that the defendant was not the individual who committed the theft or burglary.
 

Consent

Demonstrating that the defendant had permission to enter the property or take the items in question.
 

Alibi

Providing evidence that the defendant was elsewhere when the crime occurred.
 

Insufficient Evidence​

Challenging the sufficiency and reliability of the evidence presented by the prosecution.