What is Residential vs. Commercial Burglary?

Many people think of burglary as a type of theft, but that is not precisely the case. Burglary is defined as the unlawful entry of a structure to commit a crime, such as a felony or theft. To classify an offense as a burglary, there does not need to be any forced entry into the structure. If you are facing burglary allegations, having strong criminal defense representation is critical to protect your rights and future.

Residential Burglary

Residential burglary involves unlawfully entering or remaining in a dwelling (such as a home, apartment, or other place where people live) with the intent to commit a felony, theft, or assault. An example would be breaking into a family’s house at night to steal valuables.

Residential burglary focuses on places where people reside. Because it invades personal privacy and safety, Tennessee law often treats residential burglary as a more severe offense than commercial burglary. It is classified as a Class C felony, which can carry 3 to 15 years in prison. The penalties increase if a weapon is involved or if someone is injured.

Commercial Burglary

Commercial burglary involves unlawfully entering or remaining in a commercial building, such as a store, office, warehouse, or factory, with the intent to commit a felony or theft. An example would be breaking into a retail store after hours to steal merchandise.

This type of burglary applies to businesses and other non-residential properties. While it is considered less severe than residential burglary, it is still a serious crime.

It is generally classified as a Class D felony, which is punishable by 2 to 12 years in prison. Penalties may increase with aggravating factors like the use of a weapon.

FAQs About Burglary

Q: What is the difference between burglary and robbery?

A: Burglary involves unlawfully entering a building with the intent to commit a crime, usually theft, without confrontation. Robbery involves taking property directly from a person using force or intimidation.

Q: What happens if someone is home during a burglary?

A: If the burglar is found to have intended harm or committed assault, penalties can be more severe. In Tennessee, this can result in elevated charges to aggravated burglary, carrying harsher sentences.

Q: Is possession of burglary tools a crime?

A: Yes. Possessing tools intended for breaking can be charged separately as a crime in Tennessee.

Q: What are aggravated burglary charges?

A: Aggravated burglary applies when a burglary involves a dwelling, and especially aggravated burglary can result from using a deadly weapon, causing injury, or involving an assault. These charges carry more severe penalties than simple burglary.

Q: Can burglary charges be reduced?

A: Sometimes. Depending on the facts, charges may be reduced through plea bargains, lack of intent, or procedural errors. Your attorney can help explore defenses.

Contact Us Today

Burglary is a common property crime. It is often charged as a felony, which can result in serious consequences.

A Murfreesboro criminal defense attorney from David L. Scott can help protect your future and freedom. We have what it takes to pursue every possible defense strategy. Contact us via (615) 896-7656 or online here to schedule a consultation.