Under the repeat violent offender law (or three strikes law), an offender who commits a third "violent offense" (listed in statute) faces a life sentence without the possibility of parole. Resources Committee, HB0561: Def. There may be additional collateral consequences for a conviction of burglary. /Widths [
/Count 0
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888-935-6736 In the case of this section: For details, see Tenn. Code 40-35-111 76b of the Uniform Code of Military Justice, https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-17-1301.html, Read this complete Tennessee Code Title 39. Only a confidential file remains with the court for purposes of future sentencing. 850a A Class D Felony is punishable by 2 to 12 years in prison and/or a fine of up to $5,000. (b) For the purposes of this section, "victim" means any person lawfully on the premises. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. %
Class B felonies carry possible sentences of 8 to 30 years in prison and fines up to $25,000. The degree of bodily harm committed would be another example of whether you are guilty of especially aggravated burglary. /Pages 4 0 R
833 250 333 333 443 605 250 389
/Type /Outlines
13-1004, if the person has two (2) or more prior convictions for either aggravated burglary, pursuant to 39-13-1003, especially aggravated burglary, pursuant to 39-13-1004, or a combination of the two (2) offenses prior to or at the time of committing the instant offense. Please check official sources. The circumstances of entry into a habitation, building, or vehicle is a determinative factor for a conviction of burglary. (a) Especially aggravated burglary is:
; Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. (b) For the purposes of this section, victim means any person lawfully on the premises. For the offence of aggravated burglary to be proven, the offence of burglary must first be proven. endobj
605 556 333 747 333 500 605 0
As noted in the statutory elements above, it references a building other than a habitation. This is an important distinction as committing the elements of a burglary in a habitation is often referred to as a home invasion or as the statute refers. A Class E Felony is punishable by 1 to 6 years in prison and/or a fine of up to $3,000. /FontDescriptor 8 0 R
/Type /Catalog
P2C, caption bill, held on desk - pending amdt. (1) Burglary of a habitation or building other than a habitation; and. /Name /F1
The law prohibits parole for identified violent offenses and sex offenses.
to Covid-19 Committee of Extraordinary Session III, SB9033: Reset on Final calendar of Senate Judiciary Committee, HB9055: Taken off notice for cal. in Criminal Justice Committee, HB2525: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2545: Failed in Senate Judiciary Committee, HB2555: Assigned to s/c Criminal Justice Subcommittee, SB2782: Assigned to General Subcommittee of Senate Judiciary Committee, HB2563: Def. 39-14-404. 556 556 333 333 583 583 583 610
/FirstChar 32
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(a) As used in this part, unless the context otherwise requires, the terms
Restricted firearm ammunition does not include shotgun shells or solid plastic bullets; (14)Rifle means any firearm designed, made or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger; (15)Short barrel means a barrel length of less than sixteen inches (16) for a rifle and eighteen inches (18) for a shotgun, or an overall firearm length of less than twenty-six inches (26); (16)Shotgun means any firearm designed, made or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed shotgun shell to fire through a smooth-bore barrel either a number of ball shot or a single projectile by a single function of the trigger; (17)Switchblade knife means any knife that has a blade which opens automatically by: (A)Hand pressure applied to a button or other device in the handle; or, (B)Operation of gravity or inertia; and. Especially aggravated burglary. 556 750 222 556 333 1000 556 556
Prison. /HideToolbar false
If you enter the home without consent and commit theft or another felony and you inadvertently bump into a homeowner while escaping causing them to fall down, then you likely have not committed serious bodily harm assuming there are no serious injuries. Standard offenders fall under Range I penalties. <<
333 736 370 556 583 0 736 552
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Misdemeanors can be penalized by up to a year in jail. } 500 500 500 333 259 333 583 549
Multiple offenders are subject to Range II penalties. /FontBBox [ -178 -340 1192 1032 ]
Aggravated burglary is a criminal offence in contravention of section 10 of the Theft Act 1968. Not all crimes fall under the standard percentages described above. 666 666 666 666 277 277 277 277
in Criminal Justice Committee, SB1003: Assigned to General Subcommittee of Senate Judiciary Committee. Class D felonies carry possible sentences of 2 to 12 years in prison and fines up to $5,000.
/CapHeight 500
View Other Versions of the Tennessee Code. 4 0 obj
When placing a defendant on probation, the judge typically announces the sentence term but orders the prison sentence suspended. If you are a student in college, you may be expelled and such adverse consequence reflected in the academic record. For example, a person serving a sentence for aggravated robbery must serve 85% of their sentence. 666 666 666 666 666 666 1000 722
The process requires the defendant to petition the court and pay a fee. /Count 18
4 0 obj
First-degree murder is the only crime that carries the possibility of being sentenced to death. Cite this article: FindLaw.com - Tennessee Code Title 39. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Adjudication as a mental defective or adjudicated as a mental defective, Judicial commitment to a mental institution. /FontFile2 11 0 R
277 333 556 556 556 556 259 556
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 2023 LawServer Online, Inc. All rights reserved. 76b of the Uniform Code of Military Justice respectively; (2)Club means any instrument that is specially designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument; (3)Crime of violence includes any degree of murder, voluntary manslaughter, aggravated rape, rape, especially aggravated robbery, aggravated robbery, burglary, aggravated assault or aggravated kidnapping; (4)(A)Explosive weapon means any explosive, incendiary or poisonous gas: (v)Shell, missile or projectile that is designed, made or adapted for the purpose of inflicting serious bodily injury, death or substantial property damage; (i)Any breakable container which contains a flammable liquid with a flashpoint of one hundred fifty degrees Fahrenheit (150 F) or less and has a wick or similar device capable of being ignited, other than a device which is commercially manufactured primarily for purposes of illumination; or. 605 443 833 722 666 685 777 610
399 548 333 333 333 576 556 333
333 1000 666 333 1000 750 610 750
1030, 24.]. 333 556 610 556 610 556 333 610
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Habitation is defined by T.C.A. 1 0 obj
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to Summer Study in Criminal Justice Subcommittee, SB0168: Assigned to General Subcommittee of Senate Judiciary Committee, HB1919: Failed in Civil Justice Committee, SB1878: Assigned to General Subcommittee of Senate Judiciary Committee, HB1934: Taken off notice for cal. A student is considered to be the victim of a violent crime at school when evidence is found to reasonably indicate that the student was the victim of any of the applicable offenses cited in TCA 40-38-111(g), or the attempt to commit one of these offenses as defined under TCA 30-12-101, and the offense occurred while the student was attending . Especially aggravated burglary is: Burglary of a habitation or building other than a habitation; and Where the victim suffers serious bodily injury. 556 556 ]
Includes each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with the structure or vehicle; gallatin criminal defense attorney lawyer, hendersonville criminal defense attorney lawyer, Nashville criminal defense attorney lawyer, New Reasonable Purpose Standard in Tennessee Parental Relocation Case Stringer v. Stringer, Increase in traumatic brain injuries with youth sports related concussions, Legislature takes bite out of one free bite rule.. >>
First-degree murder is the one exception; it's listed as one class above Class A. Criminal Offenses 39-17-1301 - last updated January 01, 2020 the penalty for especially aggravated burglary, from a Class B felony to a Class A felony, if the burglary is of a habitation. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 2010 Tennessee Code Title 39 - Criminal Offenses Chapter 14 - Offenses Against Property Part 4 - Burglary and Related Offenses 39-14-403 - Aggravated burglary. 610 556 556 556 556 500 556 500
What are possible aggravated burglary punishments? Tennessee General Assembly Bills By Subject Legislation by Subject Topic for the 112th General Assembly 2021-2022 Legislation filed under: Criminal Offenses The primary subject of a bill in this list may be different from the subject listed above. xX+%`[a!AIG(XtIZ@/ Aggravated burglary. If the jury does not impose the death penalty, the defendant faces life imprisonment with or without the possibility of parole. SB0586: Assigned to General Subcommittee of Senate Judiciary Committee, HB0695: Assigned to s/c Criminal Justice Subcommittee, SB0480: Assigned to General Subcommittee of Senate Judiciary Committee, SB1228: Effective date(s) 05/25/2021, 10/01/2021, HB0724: Assigned to s/c Health Subcommittee, SB0204: Assigned to General Subcommittee of Senate Judiciary Committee, SB0903: Assigned to General Subcommittee of Senate Judiciary Committee, HB0805: Taken off notice for cal in s/c Elections & Campaign Finance Subcommittee of Local Government Committee, SB1413: Assigned to General Subcommittee of Senate State and Local Government Committee, HB0833: Assigned to s/c Criminal Justice Subcommittee, SB0637: Assigned to General Subcommittee of Senate Judiciary Committee, HB0894: Assigned to s/c Criminal Justice Subcommittee, HB0901: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB1331: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB0972: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1476: Passed on Second Consideration, refer to Senate Judiciary Committee, HB0981: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB1184: Assigned to General Subcommittee of Senate Judiciary Committee, HB1057: Assigned to s/c Public Service Subcommittee, SB0932: Assigned to General Subcommittee of Senate State & Local Government Committee, HB1074: Received from House, Passed on First Consideration, SB0358: Failed in Senate Judiciary Committee, HB1084: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1453: Assigned to General Subcommittee of Senate Judiciary Committee, HB1099: Assigned to s/c Criminal Justice Subcommittee, SB0697: Assigned to General Subcommittee of Senate Judiciary Committee, HB1143: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB0284: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB1160: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1040: Passed on Second Consideration, refer to Senate Judiciary Committee, HB1177: Assigned to s/c Criminal Justice Subcommittee, SB1238: Passed on Second Consideration, refer to Senate Judiciary Committee, HB1181: Effective date(s) 05/06/2021; 07/01/2021, SB0649: Assigned to General Subcommittee of Senate Transportation and Safety Committee, SB1165: Re-ref. /Kids [12 0 R 15 0 R 18 0 R 21 0 R 24 0 R 27 0 R 30 0 R 33 0 R 36 0 R 39 0 R 42 0 R 45 0 R 48 0 R 51 0 R 54 0 R 57 0 R 60 0 R 63 0 R ]
Next Steps: Search for a Local Attorney Contact a qualified attorney. If any person extends any portion of their body or an object attached to any part of their body into a building or such other vehicle as identified above, then they have committed a burglary. 1015 666 666 722 722 666 610 777
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Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. HB1390: P2C, caption bill, held on desk - pending amdt. Criminal Offenses - As enacted, states that aggravated burglary and especially aggravated burglary are crimes committed against the person; moves the burglary offenses to the chapter that includes offenses against persons. /XHeight 519
Rocky McElhaney Law Firm is a Nashville personal injury and auto accident l. 1 The figures shown in this column for the offense of rape were reported using only the revised Uniform Crime Reporting definition of rape. /Flags 98
See the data declaration for further explanation. 556 222 222 500 222 833 556 556
Conditions typically include obeying all laws, reporting to their parole officer, maintaining employment, submitting to drug tests, and not moving or traveling without permission. 333 333 365 556 833 833 833 610
endobj
Especially aggravated burglary is a Class B felony. In addition to the felony classes listed above, Tennessee law carries stiff enhanced penalties for repeat violent offenders and criminal gang offenders. A felony record can mean harsher sentences if convicted again and will make it difficult to obtain housing and employment. 333 1000 500 333 943 750 500 666
Violating conditions can result in the judge ending the suspension and sending the offender to prison. <<
Class E felonies carry possible sentences of 1 to 6 years in prison and fines up to $3,000. 333 333 365 556 833 833 833 610
(a) Aggravated burglary is burglary of a habitation as defined in 39-14-401 and 39-14-402. /FontName /Arial
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Tennessees new Truth in Sentencing Act (TISA), effective July 1, 2022, eliminates the possibility of probation or parole for certain crimes. Those who qualify for parole may be granted early release, as described below. <<
This may occur regardless by mere incarceration. (C)A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to /Flags 32
The offender could threaten harm on the way into the building, on the way out, or in the middle of breaking and entering. (b) Aggravated burglary is a Class C felony. Tennessee Code Annotated, Title 39, Chapter 13, is amended by adding the following as a new part: 39-13-1001. [Acts 1989, ch. 556 556 500 389 279 389 583 552
Rocky McElhaney Law Firm is a Nashville personal injury and auto accident l. /ViewerPreferences <<
This crime occurs when a defendant unlawfully enters or remains in a habitation or other building (public or private) with the intent to commit a felony, theft, or assault therein, and the crime results in any person (who's lawfully on the premises) suffering serious bodily injury. 10 U.S.C. /StemV 0
0 0 250 333 500 605 500 889
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. %PDF-1.7
to Special Calendar to be Published with Final Calendar in Health Committee, SB0657: Passed on Second Consideration, refer to Senate Judiciary Committee, HB0585: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB1138: Failed in Senate Judiciary Committee, HB0601: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB0025: Assigned to General Subcommittee of Senate Judiciary Committee, HB0628: Assigned to s/c Criminal Justice Subcommittee, SB0432: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB0629: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB0438: Assigned to General Subcommittee of Senate Judiciary Committee, SB0530: Action deferred in Senate Commerce and Labor Committee to first calendar of 2022. 250 314 500 500 500 500 500 500
Failure to abide by the terms can result in revocation of parole and going back to prison. Any felony conviction disqualifies you for life from ever possessing or being around a firearm or ammunition. The imposed sentence represents the longest amount of time a person can spend in prison. 666 1000 722 610 666 333 605 333
/Type /FontDescriptor
556 556 556 556 556 556 889 556
This person would face the following penalties based on their criminal history category: Each of the five felony classes (A to E) is divided into these offender categories and sentencing ranges. Especially aggravated burglary. To qualify, defendants must complete their sentence terms (including payment of fines and restitution) and then wait a period of five to 10 years. Tennessee may have more current or accurate information. 556 556 556 537 389 443 389 556
When making sentencing decisions, the court looks to numerous factors, such as the seriousness of the offense, public safety, and rehabilitation of the offender. x{y\Ws%oH$
$!AKX* [7,vZnvti-`m3i&u~w9sy} * 1:25. Inmates who have reached their parole release eligibility date (RED) may apply to the parole board for release. 556 556 333 1000 556 333 943 750
Felony sentencing in Tennessee involves several factors: the felony classification (class A to E), the sentencing range, and the recommended disposition (prison or non-prison sanctions). SB0733: Passed on Second Consideration, refer to Senate Judiciary Committee, HB0088: Effective date(s) 04/22/2021; 07/01/2021, SB0253: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB0203: Taken off notice for cal. Offenders who are sentenced to prison must serve a certain percentage of their sentence term before becoming eligible for parole. Aggravated burglary is when a person unlawfully enters a building and inflicts harm or even threatens to inflict harm on another person. /LastChar 255
Persistent and career offenders fall under the highest sentencing rangeRange III. Probation. 556 333 333 360 333 500 889 889
for more information. <<
(c) Especially aggravated burglary is a Class B felony. Burglary. Tennessee law divides felonies into five classificationsClasses A to E. Class A felonies are the most severe and Class E felonies the least. What If Your Law School Loses Its Accreditation? An experienced criminal defense attorney can determine whether you have any grounds for dismissal of the charges against you, explore plea options, or represent you at trial. 556 556 277 277 583 583 583 556
Calendar & Rules Committee, HB1232: Assigned to s/c Criminal Justice Subcommittee, SB1127: Passed on Second Consideration, refer to Senate Judiciary Committee, HB1248: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB1470: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB1313: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1325: Assigned to General Subcommittee of Senate Judiciary Committee. 2 0 obj
court opinions. Examples include robbery, aggravated burglary, and aggravated assault. %PDF-1.3
Elements (1) and (2) are class D felonies and elements (3) are class E felonies. endobj
556 556 556 556 277 277 277 277
in Agriculture & Natural Resources Committee, HB0385: Action Def. 6 0 obj
Persons are encouraged and admonished to seek legal assistance and advice from a licensed attorney of their choosing or from the public defender if indigent. Disclaimer: These codes may not be the most recent version. 10 0 obj
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SECTION 2. Log in. endobj
After a conviction but before sentencing, the judges must determine an offender's criminal history category, which can range from no criminal history to having six or more prior felonies. /Encoding /WinAnsiEncoding
Free Newsletters <<
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Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. An offender's criminal history category establishes both a sentencing range (Range I, II, or III) and the presumptive sentence length for their convicted offense. 2 The FBI does not publish arson data unless it receives data from either the agency or the state for all 12 months of the calendar year. (d) Acts which constitute an offense under this section may be prosecuted under this section or any other applicable section, but not both. Having a felony conviction carries serious and long-lasting consequences. To understand how this works, let's look at the possible sentences for a person convicted of a Class B felony, punishable by 8 to 30 years in prison. (1) Burglary of a habitation or building other than a habitation; and
If you entered the habitation, building, or vehicle with consent and proceeded to commit theft for example, then you may be able to have the charges reduced to theft which has much less punishment. (d) Acts which constitute an offense under this section may be prosecuted under this section or any other applicable section, but not both. for pass. The information provided herein is not all inclusive and does not cover every situation as each situation or case is different and unique. /Subtype /TrueType
(b) Aggravated burglary is a Class C felony. in Covid-19 Committee of Extraordinary Session III, SB9032: Assigned to General Subcommittee of Senate Judiciary Committee, HB9043: P2C, ref. 333 1000 556 333 943 750 500 666
CategoriesAggravated Assault, Criminal Law, Drugs, Nashville Criminal Defense Lawyer, Possessing a firearm during commission of a dangerous felony , Attempted first degree murder Class A felony 15-60 years See, The manufacture, delivery, or sale of a controlled substance, as defined in. 333 333 556 556 556 556 556 556
/Descent 211
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SB2318: Passed on Second Consideration, refer to Senate Judiciary Committee, HB2386: Failed in s/c Elections & Campaign Finance Subcommittee of Local Government Committee, SB2613: Passed on Second Consideration, refer to Senate State and Local Government Committee, HB2395: Assigned to s/c Criminal Justice Subcommittee, SB2656: Passed on Second Consideration, refer to Senate Judiciary Committee, HB2413: Taken off notice for cal in s/c Transportation Subcommittee of Transportation Committee, SB2388: Assigned to General Subcommittee of Senate Transportation and Safety Committee, HB2415: Rec.
Another major factor to be proven is your intent. /BaseFont /DDACTR+BookAntiqua,BoldItalic
If you've been charged with violating Tennessee burglary laws, it's in your best interest to speak with a local criminal defense attorney who can explain your options and advocate on your behalf in plea negotiations or in court, if necessary. endobj
Possible Sentences A Class C felony is punishable by 3 to 15 years in prison and a fine up $10,000. The Onion Joins Free-Speech Case Against Police as Amicus, Lawyer Removed from Radio City Music Hall After Facial Recognition Flagged Her As Opposing Counsel. This offender must serve at least three years (30% of the nine years) before becoming eligible for parole. 2 0 obj
(c) Especially aggravated burglary is a Class B felony.
Those convicted of a criminal gang offense can receive enhanced penalties, such as punishment that is one or two classifications higher than the underlying offense. While we have made every effort to ensure the information presented on our website is accurate and up to date, it is provided as a courtesy and for informational purposes only. Enters any freight or passenger car, automobile, truck, trailer, boat, airplane or other motor vehicle with intent to commit a felony, theft or assault or commits or attempts to commit a felony, theft or assault. /FontDescriptor 10 0 R
If granted parole, the parolee must abide by their conditions of release. 39-14-404 - Especially Aggravated Burglary (a) Especially aggravated burglary is: (1) Burglary of a habitation or building other than a habitation; and (2) Where the victim suffers serious bodily injury. 9 0 obj
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Class C felonies carry possible sentences of 3 to 15 years in prison and fines up to $10,000. 777 722 722 722 722 666 666 610
All rights reserved. Read the code on FindLaw . Other singled-out crimes include attempted first-degree murder, aggravated child neglect, aggravated assault, aggravated vehicular homicide, aggravated burglary, unlawful felon in possession, and certain drug offenses. (ii)Lacks the ability to contract or manage such person's own affairs due to mental defect; (B)A finding of insanity by a court in a criminal proceeding; or. /FontBBox [ -628 -376 2000 1056 ]
Article 50a Means any structure, including buildings, module units, mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons; Includes a self-propelled vehicle that is designed or adapted for the overnight accommodation of persons and is actually occupied at the time of initial entry by the defendant; and. >>
,j(;-o^7Vb! <>/Metadata 268 0 R/ViewerPreferences 269 0 R>>
The attorney listings on this site are paid attorney advertising. Contact us. 666 666 610 333 277 333 583 556
| https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-17-1301.html. 1 0 obj
(Tenn. Code 40-32-101; 40-35-102 to -120, -210, -303, -501; 40-36-101 (2021).). 889 443 722 722 722 722 722 722
Probation is an option only for offenders whose sentence doesn't exceed 10 years. Range of Punishment for Felonies & Misdemeanors, T.C.A. /Descent 211
For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. V8};]Xi-.uqq(na^sx|oO]\{
8#j|r#@P-(l;+(c-(tX2,Sx1+ 39-14-403. /Type /Font
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Examples include extortion, reckless homicide, and unlawful surveillance. 876b (Some crimes, though, don't qualify for probation no matter the sentence length.) 722 722 777 777 777 777 777 583
Acts which constitute an offense under this section may be prosecuted under this section or any other applicable section, but not both. (ii)Any sealed device containing dry ice or other chemically reactive substances for the purposes of causing an explosion by a chemical reaction; (5)Firearm silencer means any device designed, made or adapted to muffle the report of a firearm; (6)Hoax device means any device that reasonably appears to be or is purported to be an explosive or incendiary device and is intended to cause alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies; (7)Immediate vicinity refers to the area within the person's immediate control within which the person has ready access to the ammunition; (8)Judicial commitment to a mental institution means a judicially ordered involuntary admission to a private or state hospital or treatment resource in proceedings conducted pursuant to title 33, chapter 6 or 7; (9)Knife means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument; (10)Knuckles means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles; (11)Machine gun means any firearm that is capable of shooting more than two (2) shots automatically, without manual reloading, by a single function of the trigger; (12)Mental institution means a mental health facility, mental hospital, sanitarium, psychiatric facility and any other facility that provides diagnoses by a licensed professional of an intellectual disability or mental illness, including, but not limited to, a psychiatric ward in a general hospital; (13)Restricted firearm ammunition means any cartridge containing a bullet coated with a plastic substance with other than a lead or lead alloy core or a jacketed bullet with other than a lead or lead alloy core or a cartridge of which the bullet itself is wholly composed of a metal or metal alloy other than lead.
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