Tennessee Burglary Penalties (2026)

Burglary and breaking-and-entering charges charges in Tennessee: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing burglary charges in Tennessee, consult a licensed Tennessee criminal defense attorney.

Tennessee Burglary Penalties

OffensePenalty
First OffenseClass D felony (3rd degree): 2–12 years prison
Second OffenseClass B felony (1st degree): 8–30 years prison

TCA §39-14-402; 1st degree involves occupied habitation; aggravated adds weapon

Burglary Statute of Limitations in Tennessee

In Tennessee, the statute of limitations for theft and property crimes is generally 4 years.

See all Tennessee statutes of limitations →

Defending Against Burglary Charges in Tennessee

Common defenses in Tennessee burglary cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Tennessee criminal defense attorney for advice.

Related Tennessee Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication