Car Burglars Exchange Gunfire with Homeowner

 Posted on April 08, 2025 in Criminal Defense

A 23-year-old man was recently wounded during an exchange of gunfire with two burglars who were attempting to break into his car outside his home on Smokey Hill Road in Antioch. According to the man’s home security videos, the car burglars arrived at the victim’s home at 4:08 a.m., but after trying to open the locked doors, they left.

Ten minutes later, they were back, more determined to get inside the vehicles. As one of the burglars broke the sunroof of a car and was about to get inside, two brothers from inside the home confronted the burglars, who fired shots at them and fled. Police caution victims of home or auto burglary about confronting suspects in this manner, as they often have weapons.

It can be a serious offense in Tennessee to commit or attempt to commit burglary of a vehicle or home. Speaking to an experienced Knoxville, TN criminal defense attorney can be very beneficial if you are facing burglary charges. There are certain defenses that can be used on your behalf to defend against your charges.  

What Is Burglary in Tennessee?

Burglary is a felony offense that can seriously alter your future for a very long time. The state must prove beyond a reasonable doubt that you entered a building (other than someone’s home) or vehicle with the intent to commit a felony, theft, or assault. If you enter a person’s home, the charges can be elevated to aggravated burglary. If a person inside a home or building other than a home suffers serious bodily injury during the crime, the offense can be elevated to especially aggravated burglary.  

What Are the Penalties for Burglary?

The criminal offense of burglary is usually a Class D or E felony, which can result in between one and 12 years in prison, a fine as large as $5,000, and applicable court costs. Depending on the circumstances, you could receive probation only or probation for at least a portion of the sentence.

Aggravated burglary is a Class C felony that can result in between three and 15 years in prison. While probation is more difficult to obtain for aggravated burglary, it could be possible for at least a portion of the sentence. The maximum fine for this offense is $10,000, along with applicable court costs.

Especially aggravated burglary is a Class B felony that can result in between eight and 30 years in prison. Probation is rare for this level of criminal offense, although, in some instances, probation may be allowed for a portion of the sentence. The maximum fine for this crime is $25,000 plus any applicable court costs.

Every type of burglary is a felony offense which can result in collateral consequences such as the loss of a college scholarship, the inability to secure a federal student loan for higher education, the loss of a job, the inability to secure employment in the future, the inability to own a firearm or vote, the inability to obtain a professional license, and even difficulty renting a home.

What Are the Most Common Defenses for Burglary Charges?

Although each case is unique in some way and will require a defense that is tailored specifically to the facts and circumstances of the arrest, some of the more common defenses for burglary include:

• You are innocent – you were misidentified or have an alibi.
• There was no intent to burglarize the home, building, or car.
• There is insufficient evidence to support the charges.
• The burglary was committed under duress.
• An illegal search and seizure provided the only evidence for the offense.
• The "victim" consented to you being inside the home or car.
• The police made errors with the evidence chain of custody.
• You were denied your constitutional rights.

Contact a Blount County, TN Defense Attorney

If you are facing burglary charges, do not wait - contact a knowledgeable Maryville, TN burglary lawyer from The Baker Law Firm. Attorney Baker is a presenter for the Tennessee Bar Association as CLE Faculty, presenting on Federal 1983 Litigation. Call 865-200-4117 to schedule your free consultation.