Burglary charges in Tennessee are always felonies, split into three tiers based on what was entered and whether anyone was seriously hurt. A vehicle burglary is a Class E felony carrying one to six years. Breaking into a non-residential building is a Class D felony carrying two to twelve years. Aggravated burglary, meaning burglary of a home or other habitation, is a Class C felony carrying three to fifteen years. Especially aggravated burglary, which requires serious bodily injury to someone lawfully on the premises, is a Class B felony carrying eight to thirty years. What you actually face within those ranges depends on your criminal history.
What the State Has to Prove
Tennessee Code 39-14-402 defines burglary as entering or remaining in a structure without the owner’s effective consent, combined with the intent to commit a felony, theft, or assault inside. Nothing has to be taken. No one has to be hurt. Intent alone is enough, and prosecutors typically prove it through circumstantial evidence like tools, gloves, or admissions.
“Entry” is broad. Any intrusion of part of your body counts, and so does inserting an object you’re holding or controlling remotely. You don’t have to force a door or break a window. Walking through an unlocked entrance qualifies. So does hiding inside a business after closing or refusing to leave a residence after being told to go. The statute covers people who enter unlawfully from the start and people who enter lawfully and then stay with criminal intent.
This is where burglary parts ways with criminal trespass. Trespass under Tennessee Code 39-14-405 is entering or remaining without consent, full stop. It carries no requirement of criminal intent, which is why it’s a Class C misdemeanor punishable by up to 30 days in jail. The moment prosecutors can show you meant to commit a felony, theft, or assault inside, the charge jumps to felony burglary.
One more definition matters. A “habitation” is any structure designed or adapted for overnight accommodation, which includes houses, apartments, mobile homes, trailers, and tents. Entering a habitation without consent is what turns standard burglary into aggravated burglary.
The Three Burglary Charges
Standard Burglary
Standard burglary under Tennessee Code 39-14-402 applies to non-residential buildings like businesses, warehouses, and storage facilities, and also to vehicles including cars, trucks, boats, trailers, and airplanes. A building burglary is a Class D felony with a statutory range of 2 to 12 years and fines up to $5,000. A vehicle burglary is a Class E felony with a statutory range of 1 to 6 years and fines up to $3,000.
Aggravated Burglary
Aggravated burglary under Tennessee Code 39-14-403 is burglary of a habitation. The elements are the same as standard burglary, but because the target is a dwelling, it’s a Class C felony carrying 3 to 15 years and fines up to $10,000. Prosecutors don’t have to show anyone was home or that anyone was harmed. That the structure is a habitation is enough.
Especially Aggravated Burglary
Especially aggravated burglary under Tennessee Code 39-14-404 requires a burglary of a habitation or any other building, plus serious bodily injury to a person lawfully on the premises. It’s a Class B felony carrying 8 to 30 years and fines up to $25,000. It also counts as a violent offense under Tennessee Code 40-35-120, which matters if you’re ever convicted of another violent felony later. The statute is not limited to habitations. If someone breaks into a warehouse and a security guard suffers serious bodily injury, the charge is especially aggravated burglary.
What You Actually Face at Sentencing
The 2-to-12, 3-to-15, and 8-to-30 ranges are the full statutory spans from lowest to highest. In practice, Tennessee assigns each defendant to one of three ranges under Tennessee Code 40-35-112 based on criminal history, and the sentence lives inside the applicable band.
- Range I, the standard offender range, covers most first-time offenders. Class D burglary is 2 to 4 years, Class C aggravated burglary is 3 to 6 years, and Class B especially aggravated burglary is 8 to 12 years.
- Range II, the multiple offender range, applies to defendants with prior felony convictions. Class D climbs to 4 to 8 years, Class C to 6 to 10 years, and Class B to 12 to 20 years.
- Range III, the persistent offender range, applies to defendants with extensive records. Class D is 8 to 12 years, Class C is 10 to 15 years, and Class B is 20 to 30 years.
So a first-time aggravated burglary defendant is realistically looking at 3 to 6 years, not 3 to 15. The top of the statutory range is reserved for persistent offenders. Judges also weigh aggravating and mitigating factors when picking a number inside the applicable band.
When Release Becomes Possible
Under Tennessee Code 40-35-501, a Range I standard offender becomes eligible for release after serving 30% of the sentence, minus earned credits. Range II offenders serve 35%, Range III offenders serve 45%, and career offenders serve 60%. Those percentages apply to a first especially aggravated burglary conviction as well. Because that offense is classified as violent, though, additional violent felony convictions later can escalate a defendant to repeat violent offender status and life without parole.
Fines and Restitution
Fines run up to $5,000 for Class D, $10,000 for Class C, and $25,000 for Class B. Tennessee Code 40-35-304 also lets courts order restitution to victims for their actual financial losses as a condition of probation. The court considers ability to pay when setting the amount and schedule, but the obligation can run the full length of the sentence.
How Long the State Has to File Charges
Under Tennessee Code 40-2-101, prosecutors have four years to file Class C or Class D felony burglary charges, eight years to file Class B especially aggravated burglary charges, and two years to file Class E vehicle burglary charges. Those clocks generally start the day the offense was committed, though certain circumstances can pause them. Miss the window and the state loses the ability to prosecute.
Defenses That Fit the Elements
Burglary requires both unauthorized entry and criminal intent, so most defenses attack one of the two.
- No intent to commit a crime inside. If you entered without planning to commit a felony, theft, or assault, the entry may be trespass but it isn’t burglary. Intent is invisible, and prosecutors usually have to prove it circumstantially, which leaves room to push back.
- Consent. The statute requires entry without the property owner’s effective consent. Permission, or a reasonable belief that you had permission, defeats the unauthorized-entry element. Revoked consent can complicate this defense, particularly in domestic situations.
- Mistaken identity. Nighttime scenes, disguises, and imperfect surveillance footage all leave room to challenge identification through alibi evidence, DNA analysis, or attacks on witness reliability.
- Claim of right. A genuine, good-faith belief that property inside belonged to you can negate the intent element, even if the belief turns out to be wrong.
- Entrapment. If police induced you to commit a burglary you would not otherwise have committed, entrapment may apply. The question is whether the idea originated with you or with law enforcement.
Prosecutors have to prove every element beyond a reasonable doubt. Knocking out even one can produce an acquittal or a reduction to trespass.
Life After a Burglary Conviction
The sentence isn’t the whole cost. A felony record creates obstacles that follow a person long after release.
Employment and Licensing
Tennessee is at-will, and most employers run background checks. A burglary conviction, which pairs a property crime with criminal intent, is particularly damaging in hiring. State licensing boards for nursing, real estate, and law enforcement often impose waiting periods or outright bars for felony convictions. Some evaluate case by case, others apply mandatory disqualification periods.
Housing
Criminal history isn’t a protected category under Tennessee housing discrimination law, so landlords can reject applicants based on a burglary conviction. Public housing authorities also maintain eligibility policies that often exclude people with felony records.
Firearms
Under Tennessee Code 39-17-1307, anyone convicted of a felony is prohibited from possessing a handgun. If the felony involved force, violence, or a deadly weapon, the prohibition extends to all firearms and any violation is itself a Class C felony. For other felonies, unlawful handgun possession is a Class E felony. The prohibition isn’t necessarily permanent. It doesn’t apply if the person receives a pardon, has the conviction expunged, or has civil rights restored through a court order that doesn’t specifically prohibit firearm possession.
Voting Rights
A felony conviction results in the loss of voting rights. Restoration requires completing the full sentence including probation or parole, paying all restitution, staying current on child support, and in most cases obtaining a court order.
Immigration
For non-citizens, a burglary conviction can trigger deportation proceedings or make a person inadmissible to the United States. Whether it qualifies as a “crime involving moral turpitude” or an “aggravated felony” for immigration purposes depends on the specific elements and the sentence imposed. Anyone who isn’t a U.S. citizen should talk to an immigration attorney alongside a criminal defense lawyer, because a plea that looks favorable in criminal court can be devastating for immigration status.
Whether the Record Can Come Off
Tennessee allows expungement of some burglary convictions, but the door is narrow. Under Tennessee Code 40-32-101, a Class D felony burglary of a non-residential building is listed as an eligible offense. Vehicle burglary is not on that list. To qualify, you must have completed the entire sentence including fines, restitution, court costs, and probation. Ten years must have passed since completion. You can’t have prior convictions for offenses ineligible for expungement, and you can’t have already received an expungement for another criminal offense.
If those conditions are met, a rebuttable presumption favors granting the petition, but the court still weighs your interest against public safety. A denial means waiting at least two years before trying again. Aggravated burglary and especially aggravated burglary are not on the eligible list, which makes those convictions permanent.
If You Can’t Afford a Lawyer
Anyone facing felony burglary charges who can’t afford counsel has a right to a court-appointed attorney. Under Tennessee Code 40-14-202, the court holds a hearing on your finances, considering income, assets, the local cost of hiring an attorney, and other relevant circumstances. You’ll complete a uniform affidavit of indigency. If the court finds you financially unable to hire a lawyer, it appoints one through the public defender’s office.