Burglary is a felony in every form under Tennessee law. The charge ranges from breaking into a car to entering an occupied home where someone is seriously hurt — and the felony class, sentencing range, and parole consequences change dramatically depending on what was entered and whether anyone was injured. Tennessee rewrote and renumbered its burglary statutes effective July 1, 2021, so older references to the offense are often out of date. If you have been charged with burglary, aggravated burglary, or especially aggravated burglary in Shelby County or anywhere in the Mid-South, call Brooks Law Firm at (901) 324-5000 for a confidential consultation.
How Tennessee Defines Burglary
Under T.C.A. § 39-13-1002, a person commits burglary who, without the effective consent of the property owner:
- Enters a building other than a habitation, or any portion not open to the public, with intent to commit a felony, theft, or assault;
- Remains concealed in a building with the intent to commit a felony, theft, or assault;
- Enters a building and commits or attempts to commit a felony, theft, or assault; or
- Enters any freight or passenger car, automobile, truck, trailer, boat, airplane, or other motor vehicle with intent to commit — or commits or attempts to commit — a felony, theft, or assault.
Two things are worth noting. First, you do not have to actually steal anything — entering with the required intent, or remaining concealed with that intent, is enough. Second, “entry” can be satisfied by intrusion of any part of the body or any object, including by remote or electronic means. The intent element is frequently the weakest part of the State’s case and a central focus of the defense.
The Three Tiers of Burglary
Tennessee divides the offense into three tiers based on what was entered and whether anyone was seriously injured.
1. Burglary — T.C.A. § 39-13-1002
The base offense, covering buildings other than homes (businesses, warehouses, storage facilities) and vehicles. The penalty depends on what was entered:
- Burglary of a building — subdivisions (a)(1), (2), and (3) — is a Class D felony: 2 to 12 years in prison and a fine up to $5,000.
- Burglary of a vehicle — subdivision (a)(4), often called “auto burglary,” covering cars, trucks, boats, trailers, and aircraft — is a Class E felony: 1 to 6 years in prison and a fine up to $3,000.
2. Aggravated Burglary — T.C.A. § 39-13-1003
Aggravated burglary is simply burglary of a habitation — a home, apartment, mobile home, trailer, or other structure designed or adapted for overnight accommodation. The elements are the same as standard burglary; the charge escalates because the target is a dwelling and the risk to people inside is greater. Sometimes called “home invasion,” it is a Class C felony: 3 to 15 years in prison and a fine up to $10,000.
3. Especially Aggravated Burglary — T.C.A. § 39-13-1004
Especially aggravated burglary is a burglary — of a habitation or a building other than a habitation — where the victim suffers serious bodily injury. For this offense, “victim” means any person lawfully on the premises. It is a Class B felony: 8 to 30 years in prison and a fine up to $25,000. The statute also provides that conduct constituting this offense may be prosecuted under this section or another applicable section, but not both — an important limit when the same act could support multiple charges.
Penalties at a Glance
- Burglary of a vehicle (§ 39-13-1002(a)(4)) — Class E felony — 1 to 6 years, up to $3,000.
- Burglary of a building (§ 39-13-1002(a)(1)–(3)) — Class D felony — 2 to 12 years, up to $5,000.
- Aggravated burglary / habitation (§ 39-13-1003) — Class C felony — 3 to 15 years, up to $10,000.
- Especially aggravated burglary / serious bodily injury (§ 39-13-1004) — Class B felony — 8 to 30 years, up to $25,000.
The years shown are the full statutory ranges for each felony class. Where an actual sentence falls within the range depends on the defendant’s criminal-history range (standard, multiple, persistent, or career) and the facts of the case. A first-time offender generally faces the lower end of the applicable range.
Key Terms the Case Often Turns On
“Habitation”
A habitation is any structure designed or adapted for overnight accommodation — houses, apartments, mobile homes, trailers, and even tents. Whether a structure qualifies as a habitation is what separates a Class D building burglary from a Class C aggravated burglary, so it is frequently litigated. A detached garage, an outbuilding, or a vacant or uninhabitable structure may or may not meet the definition depending on the facts.
“Effective Consent”
Burglary requires entry without the effective consent of the property owner. Where the accused had permission to be present, a colorable claim of a right to enter, or a reasonable belief of consent, the central element of unlawful entry can be contested. Disputes between roommates, family members, former tenants, business partners, or estranged couples often turn on this issue.
“Intent to Commit a Felony, Theft, or Assault”
For most burglary theories, the State must prove the accused entered (or remained concealed) with the intent to commit a felony, theft, or assault. Intent at the moment of entry is rarely captured directly and is usually argued from circumstances. A genuine lack of criminal intent — entering to retrieve one’s own property, seeking shelter, or by mistake — can defeat the charge.
“Serious Bodily Injury”
Under T.C.A. § 39-11-106, serious bodily injury means injury involving a substantial risk of death, protracted unconsciousness, extreme physical pain, protracted or obvious disfigurement, or protracted loss or impairment of a bodily function. This is the line between aggravated burglary and especially aggravated burglary, so the medical proof matters enormously.
Related Charges
Several offenses commonly accompany or serve as alternatives to a burglary charge, and the difference between them can mean the difference between a felony and a misdemeanor:
- Criminal trespass (T.C.A. § 39-14-405) — entering or remaining on property without consent, without the intent to commit another crime. It is generally a Class C misdemeanor and is often the goal of a negotiated reduction from burglary.
- Aggravated criminal trespass (T.C.A. § 39-14-406) — trespass plus a threat or intent to frighten or cause harm; a Class B misdemeanor, increased to a Class A misdemeanor when committed in a habitation, a hospital building, or on school property.
- Possession of burglary tools (T.C.A. § 39-14-701) — possessing any tool, including explosives or torches, designed or commonly used for burglary with the intent to use it for that purpose; a Class A misdemeanor.
- Theft (T.C.A. § 39-14-103) — frequently charged alongside burglary; its grading depends on the value of the property.
Defenses
- No criminal intent. If the State cannot prove intent to commit a felony, theft, or assault at the time of entry, the burglary fails — even if entry occurred.
- Consent or claim of right. Permission to be present, or a genuine belief in a right to enter, negates the “without effective consent” element.
- Mistaken identification. Burglaries are often unwitnessed or witnessed briefly. Suggestive identification procedures, unreliable eyewitnesses, and weak forensic links are fertile ground for challenge.
- Not a “habitation.” Where the structure does not meet the statutory definition, an aggravated burglary may be reducible to standard burglary.
- Degree of injury. Medical evidence may show the injury does not meet the “serious bodily injury” threshold, defeating an especially aggravated theory.
- Reduction to trespass. Where intent to commit a further crime cannot be proven, the conduct may amount only to criminal trespass — a misdemeanor.
- Constitutional challenges. Unlawful search, seizure, arrest, or interrogation can lead to suppression of physical evidence, identifications, or statements.
Why the First Days Matter
Burglary cases are built on time-sensitive evidence. Surveillance footage from homes, businesses, and doorbell cameras is frequently overwritten within days to a couple of weeks. Fingerprint, DNA, and tool-mark evidence must be properly collected and preserved. Eyewitness memory fades, and the way a witness is shown a suspect can taint an identification permanently. The sooner counsel is involved, the more of this evidence can be preserved and scrutinized before the State’s narrative hardens.
How Brooks Law Firm Defends Burglary Cases
- The intent element: Can the State actually prove intent to commit a crime at entry, or is this a trespass or an innocent presence?
- The consent question: Did the accused have permission, a claim of right, or a reasonable belief of consent to enter?
- The tier: Was the structure truly a “habitation”? Does the injury meet the “serious bodily injury” standard? Can the charge be reduced to a lower felony class — or to misdemeanor trespass?
- The identification and forensics: We scrutinize lineup procedures and the reliability of fingerprint, DNA, and other physical evidence, and move to suppress where appropriate.
- The evidence timeline: We move quickly to preserve surveillance video and canvass for witnesses before it is lost.
- The resolution: Where trial is not the best path, we pursue reductions, diversion where available, and sentencing strategy tailored to the felony class and your record.
What to Do Right Now If You’ve Been Charged
- Do not talk to police about the allegations without a lawyer. You have the right to remain silent — use it.
- Do not contact the property owner or any witnesses. It can lead to additional charges.
- Write down everything you remember about your whereabouts and activities — an alibi is strongest when documented early.
- Preserve your own evidence — receipts, phone location data, messages, and the names of anyone who was with you.
- Do not post about the case on social media.
- Call Brooks Law Firm at (901) 324-5000 immediately — before any interview, lineup, or court appearance.
Schedule a Confidential Consultation
Brooks Law Firm represents people charged with burglary, aggravated burglary, especially aggravated burglary, and related trespass and theft offenses throughout Shelby County and surrounding West Tennessee counties — in General Sessions and Criminal Court. We offer Spanish-language services. Consultations are confidential and without obligation.
Brooks Law Firm
2299 Union Avenue
Memphis, Tennessee 38104
Phone: (901) 324-5000
patrickbrookslaw.com/
Disclaimer: This page provides general information about Tennessee law current as of the 2024 Tennessee Code and is not legal advice. Tennessee’s burglary statutes were renumbered to Title 39, Chapter 13, Part 10, effective July 1, 2021. Reading this page does not create an attorney-client relationship. Sentencing ranges depend on offense class and the defendant’s criminal-history range, and statutory citations may be amended after the date above. Every case is different. If you have been charged with burglary or a related offense, contact a qualified Tennessee attorney about the specific facts of your matter.