What is the Crime of Burglary?
September 15, 2023
In this article, we will go into more depth about burglary according to Tennessee law.
Tennessee law defines burglary in four different ways. First, burglary involves entering a building other than a habitation or place where persons reside with the intent to commit a “felony, theft, or assault.” Second, burglary also includes the related conduct of remaining concealed inside such a building with the intent of committing such a felony, theft, or assault. Third, burglary involves the conduct of entering a building and committing a felony, theft, or assault. Fourth and finally, burglary involves the entering of “any freight or passenger car, automobile, truck, trailer, boat, airplane, or other motor vehicle” with the intent to commit felony, theft, or assault.
Thus, the essence of the crime of burglary is entering a building – or vehicle – with the intent to commit a felony, theft, or assault. Burglary is generally classified as a Class D felony. However, if the person burglarizes a car or other vehicle, that type of burglary is classified as a Class E felony.
A key aspect of this crime is intent. The defendant must enter the building with the intent to commit a felony, theft, or assault. Oftentimes, the state attempts to prove intent under the burglary laws but focuses on the manner in which the defendant entered the building. For example, if a defendant breaks a window and enters the building, there is a good argument that the defendant entered with intent to commit a crime. However, if a defendant simply walks through an open door, there is an argument that the defendant did not enter with the required intent to commit a felony.
Tennessee’s burglary law defines entering as the “intrusion of any part of the body” or “intrusion of any object in physical contact with the body or any object controlled by remote control, electronic or otherwise.” Thus, if a person physically walks into a building a person has entered. Technically, a person has entered a building if the person sticks his arm through an open window of a building.
Tennessee law punishes the burglary of a home or habitation more severely. Such conduct constitutes aggravated burglary rather than burglary. In other words, if a person enters a building intending to steal or commit a felony, the person has committed the crime of burglary. But, if that same person instead enters a home with the same intent, the crime becomes aggravated burglary. Aggravated burglary carries a punishment of a Class C felony.
Tennessee law elevates the burglary offense when a person unlawfully enters a building or habitation with the intent to commit a felony, theft, or assault and a victim suffers serious bodily injury. This crime is called “especially aggravated burglary.” This crime carries even more punishment, as it is classified as a Class B felony. The idea behind this elevated burglary offense is that the law should punish this more because a victim suffered serious bodily injury.
There is a lesser included offense to burglary called criminal trespass. Tennessee law defines criminal trespass as entering or remaining on the property of another without the consent of the owner. The key difference between burglary and criminal trespass is that a defendant who commits burglary has the intent to enter a building with the intent to commit a felony, theft, or assault. The person who commits criminal trespass does not have that same intent.
Tennessee law provides that it is a defense to the crime of criminal trespass if the defendant reasonably believed that she had the consent of the property owner or if the defendant left the property immediately upon request.
Should you have questions about felony, theft, assault, or how to mitigate an aggravated robbery charge, contact our Lebanon, TN attorneys right away. Contact Hagar and Phillips using our Contact Form, or call us at 615-784-4588. Please feel free to call us if you need directions to Lebanon, TN.
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