975 722 722 722 722 666 610 777 /FirstChar 32 Examples include robbery, aggravated burglary, and aggravated assault. 556 548 556 556 556 556 556 556 Calendar & Rules Committee, HB1232: Assigned to s/c Criminal Justice Subcommittee, SB1127: Passed on Second Consideration, refer to Senate Judiciary Committee, HB1248: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB1470: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB1313: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1325: Assigned to General Subcommittee of Senate Judiciary Committee. What If Your Law School Loses Its Accreditation? <> Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 39-13-1002(a), a person commits burglary who, without For offenders ineligible for probation or with sentences longer than 10 years, prison is the remaining option. Especially aggravated burglary. Examples include rape of a child younger than 13, aggravated kidnapping, and acts of terrorism. 556 556 333 500 277 556 500 722 Possible Sentences A Class C felony is punishable by 3 to 15 years in prison and a fine up $10,000. Especially aggravated burglary is: Burglary of a habitation or building other than a habitation; and Where the victim suffers serious bodily injury. Persistent and career offenders fall under the highest sentencing rangeRange III. /FontName /DDACTR+BookAntiqua /FontName /Arial /Ascent 905 LAS CRUCES - Unofficial crime statistics from the Las Cruces Police Department show that reports of aggravated assaults and vehicle thefts reached an all-time high in Las Cruces in 2021. court opinions. (c) Especially aggravated burglary is a Class B felony. <> 333 333 365 556 833 833 833 610 in Covid-19 Committee of Extraordinary Session III, SB9082: Reset on Final calendar of Senate Judiciary Committee, Assigned to s/c Criminal Justice Subcommittee. /FontFile2 11 0 R . Acts which constitute an offense under this section may be prosecuted under this section or any other applicable section, but not both. /DisplayDocTitle false 737 443 443 443 443 443 333 333 610 610 610 610 610 556 610 556 SB2318: Passed on Second Consideration, refer to Senate Judiciary Committee, HB2386: Failed in s/c Elections & Campaign Finance Subcommittee of Local Government Committee, SB2613: Passed on Second Consideration, refer to Senate State and Local Government Committee, HB2395: Assigned to s/c Criminal Justice Subcommittee, SB2656: Passed on Second Consideration, refer to Senate Judiciary Committee, HB2413: Taken off notice for cal in s/c Transportation Subcommittee of Transportation Committee, SB2388: Assigned to General Subcommittee of Senate Transportation and Safety Committee, HB2415: Rec. 605 443 833 722 666 685 777 610 3 0 obj 777 833 666 833 722 556 610 777 /Count 18 /Flags 98 if am., ref. 556 556 556 556 556 556 556 556 The offender could threaten harm on the way into the building, on the way out, or in the middle of breaking and entering. 556 556 556 556 556 556 556 548 Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. In certain circumstances and if your first criminal offense, you may possibly qualify for pre trial or post trial diversion which would expunge a burglary conviction from your record. << 777 722 722 722 722 666 666 610 Criminal Offenses 39-17-1301 on Westlaw. V8};]Xi-.uqq(na^sx|oO]\{ 8#j|r#@P-(l;+(c-(tX2,Sx1+ Examples include theft of a firearm, felon in possession of a handgun, and aggravated rioting. This may occur regardless by mere incarceration. Probation gives the offender an opportunity to serve most or all of their sentence in the community under certain conditions. 750 277 277 500 500 350 556 1000 in Covid-19 Committee of Extraordinary Session III, SB9031: Assigned to General Subcommittee of Senate Judiciary Committee, HB9041: Taken off notice for cal. Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. 556 556 556 556 556 556 889 500 Misdemeanors can be penalized by up to a year in jail. See the data declaration for further explanation. 722 722 722 722 722 722 1000 722 Elements (1) and (2) are class D felonies and elements (3) are class E felonies. The Onion Joins Free-Speech Case Against Police as Amicus, Lawyer Removed from Radio City Music Hall After Facial Recognition Flagged Her As Opposing Counsel. 277 277 354 556 556 889 666 190 >> 833 250 333 333 443 605 250 389 in Criminal Justice Committee, SB1480: Failed in Senate Judiciary Committee, HB1493: Failed in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1390: Assigned to General Subcommittee of Senate Judiciary Committee, HB1526: Assigned to s/c Criminal Justice Subcommittee, SB2246: Passed on Second Consideration, refer to Senate Government Operations Committee, SB1018: Assigned to General Subcommittee of Senate Judiciary Committee, HB1568: Assigned to s/c Criminal Justice Subcommittee, SB1045: Assigned to General Subcommittee of Senate Judiciary Committee. 605 500 333 556 537 443 556 443 << The . 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. 1 The figures shown in this column for the offense of rape were reported using only the revised Uniform Crime Reporting definition of rape. /Descent -282 747 500 399 548 360 360 333 576 Prison. First-degree murder is the only crime that carries the possibility of being sentenced to death. {18,Rq&fx^F!'.K#c#&xr#RQ`4@)\Z,apjw7U w- j~wdY!(NERn>=8.$rGebGA&)hCZ`fk0zOw+O jpO9:y -/c_eDhLIJJH#+. Terms Used In Tennessee Code > Title 39 > Chapter 14 > Part 4 - Burglary and Related Offenses. Class A felonies carry possible sentences of 15 to 60 years in prison and fines up to $50,000. 556 556 556 556 277 277 277 277 /Pages 4 0 R << xX+%`[a!AIG(XtIZ@/ Means any structure, including buildings, module units, mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons; Includes a self-propelled vehicle that is designed or adapted for the overnight accommodation of persons and is actually occupied at the time of initial entry by the defendant; and. 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. (c) Especially aggravated burglary is a Class B felony. 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. Aggravated burglary. 39-14-404. (a) Especially aggravated burglary is: (1) Burglary, as described in 39-13-1002, of a habitation or building other than a habitation; and (2) Where the victim suffers serious bodily injury. When making sentencing decisions, the court looks to numerous factors, such as the seriousness of the offense, public safety, and rehabilitation of the offender. Especially mitigated offenders qualify for a reduction in a Range I penalty. Rocky McElhaney Law Firm is a Nashville personal injury and auto accident l. Habitation is defined by T.C.A. 556 556 556 556 556 556 889 556 Tennessee Code Title 39. 556 556 556 556 277 277 277 277 and 610 610 610 610 610 610 610 548 A parolee remains under supervision during the remainder of their sentence term. Examples include extortion, reckless homicide, and unlawful surveillance. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. P2C, caption bill, held on desk - pending amdt. 8 0 obj 1 The figures shown in this column for the offense of rape were reported using only the revised Uniform Crime Reporting definition of rape. 3 0 obj Tennessee Code Title 40 - Criminal Procedure . to Summer Study in Criminal Justice Subcommittee, SB2481: Assigned to General Subcommittee of Senate Judiciary Committee, HB2567: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2546: Assigned to General Subcommittee of Senate Judiciary Committee, HB2576: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2756: Assigned to General Subcommittee of Senate Judiciary Committee, SB2752: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB2603: Assigned to s/c Criminal Justice Subcommittee, SB2753: Assigned to General Subcommittee of Senate Judiciary Committee, HB2620: Failed in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2211: Action deferred in Senate Judiciary Committee to 4/5/2022, HB2684: Taken off notice for cal in s/c Transportation Subcommittee of Transportation Committee, SB2883: Assigned to General Subcommittee of Senate Transportation and Safety Committee, HB2688: Assigned to s/c Criminal Justice Subcommittee, SB2862: Assigned to General Subcommittee of Senate Judiciary Committee, HB2695: Failed in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2737: Assigned to General Subcommittee of Senate Judiciary Committee, HB2707: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB2788: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB2722: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2762: Assigned to General Subcommittee of Senate Judiciary Committee, HB2751: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2785: Passed on Second Consideration, refer to Senate Judiciary Committee, HB2754: Def. 2023 LawServer Online, Inc. All rights reserved. 610 277 277 556 277 889 610 610 777 722 722 722 722 666 666 610 Non-prison sanctions. >> 389 389 777 777 833 833 833 833 /Encoding /WinAnsiEncoding Aggravated burglary is a criminal offence in contravention of section 10 of the Theft Act 1968. Class D felonies carry possible sentences of 2 to 12 years in prison and fines up to $5,000. Examples include extortion, reckless homicide, and unlawful surveillance. in Government Operations Committee, SB1767: Failed in Senate Judiciary Committee, HB1696: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB2014: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB1756: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1828: Assigned to General Subcommittee of Senate Transportation and Safety Committee, HB1761: Assigned to s/c Criminal Justice Subcommittee, SB2833: Passed on Second Consideration, refer to Senate Judiciary Committee, HB1770: Taken off notice for cal in s/c Business & Utilities Subcommittee of Commerce Committee, SB1771: Assigned to General Subcommittee of Senate Commerce and Labor Committee, HB1859: Assigned to s/c Criminal Justice Subcommittee, SB1788: Failed in Senate Judiciary Committee, HB1886: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB2506: Assigned to General Subcommittee of Senate Judiciary Committee, HB1911: Def. Under the repeat violent offender law (or three strikes law), an offender who commits a third "violent offense" (listed in statute) faces a life sentence without the possibility of parole. is controlling and should be followed. If you are a professional licensed in Tennessee, it may result in an adverse action to your license. >> 850a endobj % Any crime that carries a possible penalty of one year and up to life in prison or the death penalty is a felony. /Subtype /TrueType The information provided herein is not all inclusive and does not cover every situation as each situation or case is different and unique. 666 556 556 556 556 556 556 556 Range of Punishment for Felonies & Misdemeanors, T.C.A. in Criminal Justice Committee, SB1003: Assigned to General Subcommittee of Senate Judiciary Committee. In those cases, the bill was filed using Criminal Offenses as a secondary subject. 722 277 556 722 610 833 722 777 605 556 333 747 333 500 605 0 Stay up-to-date with how the law affects your life. /CenterWindow false 2 0 obj /Ascent 923 39-14-404 - Especially Aggravated Burglary (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. 333 1000 666 333 1000 750 610 750 Like other states, Tennessee distinguishes felonies from misdemeanors based on a crime's potential punishment. Having a felony conviction carries serious and long-lasting consequences. /Descent 211 To qualify, defendants must complete their sentence terms (including payment of fines and restitution) and then wait a period of five to 10 years. Aggravated assault against a public employee or transit worker is a Class A misdemeanor. } endobj 333 500 556 333 333 556 333 833 333 736 370 556 583 0 736 552 (2) Where the victim suffers serious bodily injury. /HideMenubar false Class B felonies carry possible sentences of 8 to 30 years in prison and fines up to $25,000. 556 556 333 1000 556 333 943 750 stream (b) For the purposes of this section, victim means any person lawfully on the premises. Free Newsletters << 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. 1030, 24.]. SB0586: Assigned to General Subcommittee of Senate Judiciary Committee, HB0695: Assigned to s/c Criminal Justice Subcommittee, SB0480: Assigned to General Subcommittee of Senate Judiciary Committee, SB1228: Effective date(s) 05/25/2021, 10/01/2021, HB0724: Assigned to s/c Health Subcommittee, SB0204: Assigned to General Subcommittee of Senate Judiciary Committee, SB0903: Assigned to General Subcommittee of Senate Judiciary Committee, HB0805: Taken off notice for cal in s/c Elections & Campaign Finance Subcommittee of Local Government Committee, SB1413: Assigned to General Subcommittee of Senate State and Local Government Committee, HB0833: Assigned to s/c Criminal Justice Subcommittee, SB0637: Assigned to General Subcommittee of Senate Judiciary Committee, HB0894: Assigned to s/c Criminal Justice Subcommittee, HB0901: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB1331: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB0972: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1476: Passed on Second Consideration, refer to Senate Judiciary Committee, HB0981: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB1184: Assigned to General Subcommittee of Senate Judiciary Committee, HB1057: Assigned to s/c Public Service Subcommittee, SB0932: Assigned to General Subcommittee of Senate State & Local Government Committee, HB1074: Received from House, Passed on First Consideration, SB0358: Failed in Senate Judiciary Committee, HB1084: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1453: Assigned to General Subcommittee of Senate Judiciary Committee, HB1099: Assigned to s/c Criminal Justice Subcommittee, SB0697: Assigned to General Subcommittee of Senate Judiciary Committee, HB1143: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB0284: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB1160: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1040: Passed on Second Consideration, refer to Senate Judiciary Committee, HB1177: Assigned to s/c Criminal Justice Subcommittee, SB1238: Passed on Second Consideration, refer to Senate Judiciary Committee, HB1181: Effective date(s) 05/06/2021; 07/01/2021, SB0649: Assigned to General Subcommittee of Senate Transportation and Safety Committee, SB1165: Re-ref. to Summer Study in Elections & Campaign Finance Subcommittee, HB0578: Def. endobj 280560 P Counts: 3 DAVIS , DEJUAN DEWAYNE AGGRAVATED ROBBERY OWN RECOGNIZANCECounts: 1 Thru 1 TCA: 39130402 TIBRS: 120 AGGRAVATED ROBBERY Counts: 2 Thru 2 TCA: 39130402 TIBRS: 120 . 666 666 610 277 277 277 469 556 Laws are frequently modified by the Legislature and/or court precedent, therefore you should refer to the current edition of the Tennessee Code Annotated (T.C.A.) See the data declaration for further explanation. Copyright 2023, Thomson Reuters. Class C felonies carry possible sentences of 3 to 15 years in prison and fines up to $10,000. /Descent 211 /Outlines 2 0 R 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. A felony record can mean harsher sentences if convicted again and will make it difficult to obtain housing and employment. But early release doesn't mean the sentence is over. The process requires the defendant to petition the court and pay a fee. %PDF-1.3 556 333 333 360 333 500 889 889 Read the code on FindLaw . /Name /F1 /Flags 32 The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Not all crimes fall under the standard percentages described above. 556 556 ] If granted, the expunged conviction and related records are deemed never to have occurred. in Civil Justice Committee, SB1537: Failed in Senate Judiciary Committee. /Widths [ Examples include robbery, aggravated burglary, and aggravated assault. 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. ; 3 The FBI determined that the agency's data were overreported. 610 556 556 556 556 500 556 500 DY*{&I2)G3jHF >> [/PDF /Text /ImageC] Please check official sources. 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