My question involves criminal law for the state of: Tennessee
I was wondering if some experienced people can review the below facts, and advise what type of trouble the person that broke into my home may receive:
1. Dec. 1st: Police called to home for burglary of approx $3,000. At time, place of entry unknown. Later determined entry point was the garage.
2. Dec. 9th: Neighbor, aware of Dec. 1st incident, contacts home owner of suspicious vehicle in drive. At request of home owner, neighbor walks over to ask who the person is. The person is coming out of the garage about the time the neighbor enters home owners property. At that time, the criminal closes garage door, jumps in truck, drivers past neighbor who is unable to note license plate, then drives backwards down street to avoid L# from being taken. Approx $2,000 worth of items stolen this time.
3. Neighbor calls police, provides report of incident, description of person and vehicle.
4. Home owner arrives home, and recognizes description of person and vehicle and shows year book page to neighbor and asks him if anyone looks familiar. Neighbor points out who home owner thought it to be from the description of the vehicle and person.
5. Home owner contacts police. He also contacts the suspect, who says he will return one of 2 items stolen from home that day if he agrees not to mention to police it was him. Suspect says he no longer has items from 1st break in, as they have already been sold. Home owner and suspect meet, and one item is returned. Neighbor rides with home owner and is a witness to the exchange.
Two warrants were taken out for the suspects arrest - both Aggravated Burglary.
My question is, if this is his first offense, what should I expect the punishment to be? I read a few cases where a pre-trial diversion was used, however, I've also read that Aggravated Burglary charges make one ineligible for a pre-trial diversion.
If this is not his first offense, and a pretrial diversion was already used, what should I expect the punishment to be? I've read that the jail time is a min. of 3 years, but no more than 15 years, however, in most of the cases I found on the internet most ppl only received time served (1-20 days), probation, restitution and a small fine. Hopefully it would be more stiff that this?