How Serious are Property Crimes in Tennessee?

Property crimes are more serious than many people realize, and Tennessee courts take them very seriously. A wide range of offenses qualify as property crimes, including trespassing, theft, embezzlement, robbery, burglary, vandalism, arson, and carjacking.

All property crimes share a common element: the intentional and unauthorized taking, use, or destruction of someone else’s property. Below is a sampling of property crimes and their penalties.

Penalties for property crimes

Tennessee property crimes result in a variety of penalties and disadvantages, which are outlined below.

Incarceration

Property crimes carry penalties that can include probation and jail time. If Tennessee classifies the offense as a felony, you might spend years or even decades in prison.

Financial penalties

Courts often impose stiff fines on people convicted of property crimes. They often demand that the defendant pay restitution to the victim, and a civil lawsuit is a possibility. Since many property crimes are crimes of dishonesty, you might lose your job or your professional license.

A criminal record

A criminal record will haunt you for the rest of your life, especially since most property crimes are crimes of dishonesty. You might experience difficulty finding a job, obtaining or keeping a professional license, or even finding a landlord willing to rent to you.

Social stigma

A criminal record for a crime of dishonesty carries with it a different kind of social stigma than, say, a crime like possession of cocaine. Because most property crimes involve dishonesty, you might experience social ostracism among both friends and potential romantic partners.

Common property crimes

Below is a list of common property crimes, along with their penalty ranges under Tennessee law.

Theft

“Theft” is an umbrella term that refers to the unlawful taking of another person’s property with the intent to deprive the owner of it. In Tennessee, theft under $1,000 can result in 11 months in jail and a $2,500 fine. If the value of the item(s) exceeds $1,000, you might face anywhere from a year to 30 years in prison, depending on the value of the item.

Criminal trespassing

“Criminal trespassing” means intentionally entering or remaining on property without the owner’s consent. “Remaining” refers to the situation where, for example, a restaurant owner demands that you leave and you refuse. In Tennessee, criminal trespass is punishable by up to 30 days in jail and a fine of $50 or less. Certain aggravating factors can increase this penalty – trespassing in an area posted with a “No Trespassing” sign, for example.

Robbery

Robbery means stealing property from someone using threats, intimidation, or violence. A mugging is a classic example of a robbery. Robbing someone of any amount of property is a felony in Tennessee. Penalties range from 3 to 15 years in prison, and a fine of up to $10,000. Tennessee criminal law also includes the following related offenses:

• “Aggravated robbery” applies if you use a deadly weapon or if the victim is seriously hurt. Maximum prison time is 30 years.
• “Especially aggravated robbery” applies if you use a deadly weapon and the victim suffers serious injury. Maximum prison time is 60 years.

The specific circumstances of the crime determine how severe the penalty will be.

Burglary

Burglary means unlawfully entering a property with the intent to commit a crime (typically theft or assault). Unlawful entry could mean breaking a window, or it could mean unauthorized use of a key. It is a felony in Tennessee, with penalties ranging from 2 to 12 years in prison. Aggravated burglary and especially aggravated burglary carry even harsher sentences.

• Aggravated burglary occurs when you break into a residence. Maximum incarceration is 15 years.
• Especially aggravated burglary occurs when you attempt to cause serious bodily injury. Maximum incarceration is 30 years.

The severity of a burglary sentence depends largely on where the break-in occurred and whether anyone was harmed.

Vandalism

Vandalism in Tennessee means intentionally damaging or destroying somebody else’s property. It could mean smashing their car’s windshield, or it could mean spraying graffiti on a wall. The seriousness of the offense depends on the dollar value of the damage.

Is vandalism a felony in Tennessee?

Vandalism is indeed a felony in Tennessee if the value of the damage exceeds $1,000.

How many years can you get for vandalism?

Vandalism charges in Tennessee can result in a sentence of up to 30 years in prison. Minor vandalism of less than $1,000, by contrast, results in less than a year in jail, and perhaps no jail time at all.

What is the fine for vandalism?

Felony vandalism can carry a fine of up to $25,000. The fine for misdemeanor vandalism cannot exceed $2,500.

Arson

Arson means using fire or explosives to damage a building or a vehicle without the owner’s permission. The maximum penalty (absent aggravating circumstances) is 15 years in prison and a $10,000 fine. The more serious offense of aggravated arson occurs when you set fire to a building and either (a) you know someone is inside or (b) someone was seriously hurt. The maximum penalty is 60 years in prison.

Carjacking

Carjacking means taking a vehicle from someone by force, intimidation, or violence. In other words, robbing someone of their car. Carjacking charges in Tennessee can result in a prison sentence of up to 30 years in prison and a $25,000 fine. If you used a deadly weapon or caused serious injury, penalties can increase up to 60 years in prison and a $50,000 fine.

Has Tennessee charged you with a property crime?

If Tennessee has charged you with a property crime, you need to take prompt and decisive action. Local prosecutors are aggressive, and they typically move quickly to establish a case against a criminal defendant.

Don’t panic, because the Law Offices of Adrian H. Altshuler & Associates are ready to mount an aggressive criminal defense for you. With a 24-hour support line, we are always available to help you with your legal needs. Contact us as soon as you can so that we can schedule a consultation.