Charges of Aggravated Burglary of a Parent's Home
My question involves criminal law for the state of: Tennessee
Hello, so my boyfriend (18 yrs old, never been arrested, has no past criminal record) has been arrested on a warrant for aggravated burglary.
Explanation: His father pressed these charges on him after he & i went over to his father's house (with his father's spoken permission) to get some money he owed my boyfriend. His dad left the back door unlocked for us, as he always does, but when we got there noone was home. We sat & waited at his dad's for about 15 minutes when I started feeling what I thought were contractions (I am pregnant) so we left his dad's house & headed to the hospital (turns out they werent real contractions).
About 2 hours later we got a call from his dad accusing my boyfriend of robbing his house. He threatened to call the police & press charges if we didn't bring his items back, but we tried to explain we didn't have them. A few months passed with no contact from his dad or the police & last night my boyfriend & I got pulled over (tail light was out) & he went to jail for this warrant.
QUESTIONS:
How would this case be considered "aggravated"?
Is there any way he can try to get the charge lowered from aggravated buglary to buglary?
About how long do you think he will serve in jail if he pleads guilty? (He would plead not guilty but that would continue the case longer & we cant afford a lawyer.)
Do you think they will let him out on recognizance if it is his first charge & he explains to the judge that he has a baby due any day & a family to take care of?
If he can't get recognizance do you think maybe they will let him off with a few years probation?
I'm extremely worried because I'm due anyday and it would really crush me for him to be in jail when I give birth. Thanks for any answers! They are greatly appreciated!
Re: Charges of Aggravated Burglary
Your boyfriend needs to discuss the case with a criminal defense lawyer. If he cannot afford one, he can request a court-appointed lawyer. We don't know the history here or what actually happened, or what your boyfriend's father has reported to the police, so you're asking us to read tea leaves. The charge is aggravated burglary because it involves a habitation.
Quote:
Quoting TCA Sec. 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.
Re: Charges of Aggravated Burglary of a Parent's Home
A lot times people are over charged,it's hard to say. He needs to keep quiet and work this out with a lawyer.