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  1. #1
    Join Date
    Dec 2009

    Default Aggravated Burglary in Tennessee

    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?

  2. #2
    Join Date
    Nov 2007

    Default Re: Aggravated Burglary in Tennessee

    They could be stuck with a felony,court fees,lawyer cost and time at court. While there on probation any slip up can put them back in jail . If they get arrested in the future the previous conviction can bite them in the ass. The felony can effect them finding a job,a place to life,owning a gun and a lot of other things. Maybe they deserve more then 10-20 days in jail,being in jail even for a week or two would seem like hell to me. The person got a lot more to worry about then just spending time in jail. I would assume if they have a prior conviction,especially for theft the jail time would be more then a token amount.

    The sentence depends on the Da and Judge,maybe the local police can give you an estimate at what the person would get.

  3. #3
    Join Date
    Dec 2009

    Default Re: Aggravated Burglary in Tennessee

    Thanks. Do you know if they would be eligible for a pre-trial diversion?

  4. #4
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Aggravated Burglary in Tennessee

    As you're the victim, you can probably find out from the prosecutor's office what sort of plea deal they would consider for the offender.

  5. #5
    Join Date
    Nov 2007

    Default Re: Aggravated Burglary in Tennessee

    Your welcome,i'm not sure,like the op said the prosecutor should know.

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