Burglary and a Basketball Coach

Fired University of Tennessee basketball strength and conditioning coach, Troy Wills, allegedly used a hacksaw to break into Thompson-Boling Arena in the early morning hours of February 23. He trashed a former colleague’s office and took more than $4,000 in cash. He is facing Class D burglary charges.

In Tennessee, burglary is divided into three categories: Burglary, Aggravated Burglary, and Especially Aggravated Burglary. The offense charged depends on the type of structure entered and the nature of the injuries resulting from the offense.

Under Tennessee law, a person commits burglary when they, without the consent of the property owner:

1. Enter a building other than a habitation (structure designed for overnight accommodation of persons) not open to the public with the intent to commit a felony, theft, or assault
2. Remain concealed in a building with the intent to commit a felony, theft, or assault
3. Enter a building and commit or attempt to commit a felony, theft, or assault
4. Enter any freight or passenger car, automobile, truck, trailer, boat, airplane, or other motor vehicle with intent to commit a felony, theft, or assault or commit or attempt to commit a felony, theft, or assault

All burglaries in Tennessee are felonies and this is true whether or not anything is actually stolen. A burglary offense under the first three categories above is a Class D felony, punishable by two to 12 years imprisonment and a fine up to $5,000. A burglary under the last category (vehicle offenses) is a Class E felony, punishable by one to six years imprisonment and a fine up to $3,000.

Burglary of a habitation constitutes Aggravated Burglary, which is a Class C felony. Especially Aggravated Burglary occurs when a person lawfully on the premises is seriously injured during the commission of the burglary. Especially Aggravated Burglary is a Class B felony. The judge in any case may impose additional requirements including restitution, court costs, and anti-theft or other types of classes.

Whether the prosecution will ultimately prove its burglary case against Coach Wills or not, one thing is for sure — the case will surely be interesting to follow. If you are charged with burglary, it’s important to find a strong, aggressive criminal defense lawyer to protect your rights.