QUESTION

What is the minimum time for burglary and property theft of a gun?

Asked on Jul 14th, 2014 on Criminal Law - Tennessee
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Michael A. Colavecchio
In Tennessee, there are several forms of Burglary. Here they are, from least serious to most serious: Burglary is defined as: 39-14-402. Burglary. (a) A person commits burglary who, without the effective consent of the property owner: (1) Enters a building other than a habitation (or any portion thereof) not open to the public, with intent to commit a felony, theft or assault; (2) Remains concealed, with the intent to commit a felony, theft or assault, in a building; (3) Enters a building and commits or attempts to commit a felony, theft or assault; or (4) Enters any freight or passenger car, automobile, truck, trailer, boat, airplane or other motor vehicle with intent to commit a felony, theft or assault or commits or attempts to commit a felony, theft or assault. (b) As used in this section, "enter" means: (1) Intrusion of any part of the body; or (2) Intrusion of any object in physical contact with the body or any object controlled by remote control, electronic or otherwise. (c) Burglary under subdivision (a)(1), (2) or (3) is a Class D felony, punishable by between 2 and 12 years, depending on the person's prior criminal history. (d) Burglary under subdivision (a)(4) is a Class E felony, punishable by between 1 and 6 years, depending on the person's prior criminal history. Then, there's Aggravated Burglary. 39-14-403. Aggravated burglary. (a) Aggravated burglary is burglary of a habitation as defined in ?? 39-14-401 and 39-14-402. (b) Aggravated burglary is a Class C felony, punishable by between 3 and 15 years, depending on the person's prior criminal history. Finally, there Especially Aggravated Burglary: 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. (b) For the purposes of this section, "victim" means any person lawfully on the premises. (c) Especially aggravated burglary is a Class B felony, punishable by between 8 and 30 years, depending on the person's prior criminal history. The punishment for theft of a gun depends on the value of the gun. (1) A Class A misdemeanor if the value of the property or services obtained is five hundred dollars ($500) or less; (2) A Class E felony if the value of the property or services obtained is more than five hundred dollars ($500) but less than one thousand dollars ($1,000); (3) A Class D felony if the value of the property or services obtained is one thousand dollars ($1,000) or more but less than ten thousand dollars ($10,000); (4) A Class C felony if the value of the property or services obtained is ten thousand dollars ($10,000) or more but less than sixty thousand dollars ($60,000); (5) A Class B felony if the value of the property or services obtained is sixty thousand dollars ($60,000) or more but less than two hundred fifty thousand dollars ($250,000); and (6) A Class A felony if the value of the property or services obtained is two hundred fifty thousand dollars ($250,000) or more.
Answered on Jul 15th, 2014 at 11:11 AM

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