Tennessee Burglary by Breaking and Entering

• Category: Criminal - Jury Instructions
• State: Multi-State
• Control #: US-00877
• Format: Word; Rich Text

Description

Sample Jury Instruction - This sample jury instruction pertains to a Defendant's indictment for the crime of burglary (including all elements of the crime). Tennessee Burglary by Breaking and Entering is a specific crime under Tennessee law that involves unlawfully entering a building or structure with the intent to commit a theft or felony. This crime is taken very seriously by the state, and individuals found guilty may face severe legal consequences. Burglary in Tennessee can be broadly categorized into two types: (1) Aggravated Burglary and (2) Habitation Burglary. 1. Aggravated Burglary: Tennessee defines aggravated burglary as illegally entering a habitation (a dwelling or any building structure used as a dwelling) while being armed with a weapon or causing bodily injury to someone inside. This offense is considered a Class C felony, carrying potential penalties of imprisonment for three to fifteen years, fines up to $10,000, and potential parole or probation requirements. 2. Habitation Burglary: Tennessee also recognizes burglary offenses categorized as habitation burglaries, which involve unlawfully breaking into any building other than a habitation with the intent to commit a felony or theft. This offense is a Class D felony, punishable by imprisonment for two to twelve years, fines up to $5,000, and potential parole or probation requirements. In both types of burglaries, "breaking and entering" is an essential element. Breaking typically refers to forcefully gaining entry into a structure, such as by breaking a window, kicking down a door, or removing locks. Entering means actually crossing the threshold of the structure, even if only partially. It is crucial to note that the intent to commit a theft or felony must be present at the time of entry for the act to be considered burglary. Tennessee's law considers the concept of "animus Burundi," meaning the intent to steal, essential in determining if a burglary has occurred. Law enforcement agencies and prosecutors in Tennessee actively investigate and prosecute burglary cases to ensure community safety and protect individuals' property rights. Additionally, victims of burglary may pursue civil remedies to recover damages caused by the crime. If you believe you have been a victim of burglary by breaking and entering, or if you are facing charges related to this crime, it is crucial to seek legal advice from an experienced Tennessee criminal defense attorney. They can review the specific circumstances of your case, provide guidance, and ensure your rights are protected throughout the legal process.

Tennessee Burglary by Breaking and Entering is a specific crime under Tennessee law that involves unlawfully entering a building or structure with the intent to commit a theft or felony. This crime is taken very seriously by the state, and individuals found guilty may face severe legal consequences. Burglary in Tennessee can be broadly categorized into two types: (1) Aggravated Burglary and (2) Habitation Burglary. 1. Aggravated Burglary: Tennessee defines aggravated burglary as illegally entering a habitation (a dwelling or any building structure used as a dwelling) while being armed with a weapon or causing bodily injury to someone inside. This offense is considered a Class C felony, carrying potential penalties of imprisonment for three to fifteen years, fines up to $10,000, and potential parole or probation requirements. 2. Habitation Burglary: Tennessee also recognizes burglary offenses categorized as habitation burglaries, which involve unlawfully breaking into any building other than a habitation with the intent to commit a felony or theft. This offense is a Class D felony, punishable by imprisonment for two to twelve years, fines up to $5,000, and potential parole or probation requirements. In both types of burglaries, "breaking and entering" is an essential element. Breaking typically refers to forcefully gaining entry into a structure, such as by breaking a window, kicking down a door, or removing locks. Entering means actually crossing the threshold of the structure, even if only partially. It is crucial to note that the intent to commit a theft or felony must be present at the time of entry for the act to be considered burglary. Tennessee's law considers the concept of "animus Burundi," meaning the intent to steal, essential in determining if a burglary has occurred. Law enforcement agencies and prosecutors in Tennessee actively investigate and prosecute burglary cases to ensure community safety and protect individuals' property rights. Additionally, victims of burglary may pursue civil remedies to recover damages caused by the crime. If you believe you have been a victim of burglary by breaking and entering, or if you are facing charges related to this crime, it is crucial to seek legal advice from an experienced Tennessee criminal defense attorney. They can review the specific circumstances of your case, provide guidance, and ensure your rights are protected throughout the legal process.