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  1. #1

    Default Charged with Aggravated Burglary

    My question involves criminal law for the state of: Tennessee
    Really confused here. I knocked on my girlfriends door and she came to the door. She opened the door and stood to the side for me to enter. After I entered her home she proceeded to tell me that she didn't want me there. I ask her why did she ask me to come over there then. We argued for a second, she was never touched, and I left. As I was leaving I told her how wrong she was and closed the door behind me. I received a phone call the next day from an investigator tell me that I had a warrant out for my arrest and that I needed to come in. I ask for what and he said I was charged with assault and aggrevated burglary? How can either one of these charges be filed. Especially aggrevated burglary? What is condsidered aggravated burglary in Tennessee? Any help will be appreaciated.

    thanks,
    hoodwinked

  2. #2

    Default Re: Charged with Aggravated Burglary

    Quote Quoting Beinghoodwinked
    View Post
    Really confused here. I knocked on my girlfriends door and she came to the door. She opened the door and stood to the side for me to enter. After I entered her home she proceeded to tell me that she didn't want me there. I ask her why did she ask me to come over there then. We argued for a second, she was never touched, and I left. As I was leaving I told her how wrong she was and closed the door behind me.
    If she left you a voicemail asking you to come over, I'd be hanging onto that voicemail carefully. Could be a potential "setup"....inviting you over and then reporting your presence as unlawful to authorities.

    I ask for what and he said I was charged with assault and aggrevated burglary? How can either one of these charges be filed.
    Because police operate on what is reported to them. One of the problems with our system is that it assumes that people tell the truth.

    What is condsidered aggravated burglary in Tennessee?
    What makes a burglary in TX "agg" instead of just "regular" burglary is that the incident occured in a dwelling, as opposed to a non-residental building.

    Any help will be appreaciated.
    If you are formally charged, you'll want the services of an experienced criminal defense attorney. Agg Burg in TX is a felony, and that's a serious charge that can have life-altering consequences.

  3. #3
    Join Date
    Mar 2007
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    Default Re: Charged with Aggravated Burglary

    Do NOT talk to the police without an attorney.

  4. #4

    Default Re: Charged with Aggravated Burglary

    Thanks guys. As much as I hate to believe it, for whatever reason, it does seem like a setup. I don't have a voicemail but I do have text messages to where she ask me to a place to dance with her. As we were dancing she then ask me if I would come by her house afterwards. Several people saw us dancing together and interacting with each other before we left. I thought burglary was charged when you illegally entered somebodies home and took or stole something. That isn't even close to the case here. I guess that is what I was wondering. This is in Tennessee, not Texas.

    thanks

  5. #5

    Default Re: Charged with Aggravated Burglary

    Sorry, I typo'd TX for TN.

    Burglary is the unauthorized entry. It doesn't require that anything actually be taken (this is a VERY common misconception). In TN, burglary is when:

    Without consent of the property owner, a person enters a building not open to the public with intent to commit a felony, theft, or assault (since this was a habitation, the charge is "upped").

    If she's saying you pushed your way in and made a verbal threat, that's enough for police to make the charge of burglary. Be SURE to follow CyJeff's advice...and do NOT speak to anyone about the incident, especially police, without your attorney present.

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