Tennessee Criminal Lawyer Blog

Burglary cases often involve many complex issues. If you are charged with Burglary in Tennessee, contact a defense attorney. Our Tennessee criminal defense lawyers will assess your case and discuss the legal ramifications of any important decisions you must make.

Under the old days, the burglary statutes in Tennessee looked much different than the modern statutes as the modern burglary statutes are a major change from prior law. Formerly, there were different levels of burglary such as burglary, burglary in the second degree, and burglary in the third degree. These have now all been eliminated. In addition, there was a major focus on whether the act occurred at either daylight or at night. The legislature abandoned the daytime/nighttime distinction because the risks and types of intrusions were the same no matter when the act occurred.

The burglary statute discussed below only applies to intrusions involving buildings that are not habitations and those involving motor vehicles.

According to modern Tennessee law, a person commits burglary who, without the effective consent of the property owner:

• Enters a building other than a habitation (or any portion thereof) not open to the public, with intent to commit a felony, theft or assault;
• Remains concealed, with the intent to commit a felony, theft or assault, in a building;
• Enters a building and commits or attempts to commit a felony, theft or assault; or
• 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. Tenn. Code Ann. § 39-14-402 (2007).

The word “enter” as used above means:

• Intrusion of any part of the body; or
• Intrusion of any object in physical contact with the body or any object controlled by remote control, electronic or otherwise.

Intrusion with the intent to commit misdemeanor theft is included in burglary because of the practical impossibility of proving that a trespasser intended to steal property of sufficient value to constitute a felony theft.

If you are convicted under any of the top three bullets above, the violation is a Class D felony. If you are convicted under the last bullet above, the violation is a Class E felony. Tennessee criminal defense lawyers understand the complex issues associated with a burglary charge and work to ensure that citizens charged with this criminal offenses are treated fairly. Our office handles burglary charges in Knoxville, Sevierville, Maryville, Newport, Morristown, Johnson City, and Chattanooga.

Tennessee sex offense lawyers know that allegations of child molestation, indecent exposure, rape, sexual battery, solicitation of prostitution, or any other type of criminal sexual misconduct can result in a lifelong stigma and great losses to a person’s career, family, and reputation. Sex offenses include a myriad of criminal sexual behaviors, ranging from prostitution to rape. If you or someone you know has been charged with committing a sex offense, it is very important to contact a criminal defense attorney.

According to Tennessee law, sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:

• Force or coercion is used to accomplish the act;
• The sexual contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent;
• The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
• The sexual contact is accomplished by fraud. Tenn. Code Ann. § 39-13-505 (2007).

Coercion means the threat of kidnapping, extortion, force or violence to be performed immediately or in the future. Sexual battery is a Class E felony.

Being charged with a sex offense can lead to very serious consequences including jail time, probation, parole, significant fines, registration requirements, loss of the right to vote or own a weapon, and being shunned by society. If you are accused with sexual battery, or any other sex offense, you should speak to an attorney immediately to learn more about your rights, the defenses available, and the legal system. Our criminal defense attorneys handle sex offense cases across East Tennessee including Knoxville, Johnson City, Bristol, Chattanooga, Morristown, Sevierville, Greenville, Loudon, Maryville, and Newport.

a href="http://www.joebakerlaw.com/">Tennessee Criminal Lawyers understand the impact that a vandalism charge can have on your life. It is important to realize that the facts of every vandalism case are different. Our Tennessee Attorneys handle vandalism charges in the Gatlinburg, Sevierville, Pigeon Forge, and Knoxville area. An individual charged with vandalism should contact a Tennessee Criminal Lawyer as quickly as possible in order to maximize legal avenues for the best possible resolution.

Under Tennessee law, any person who knowingly causes damage to or the destruction of any real or personal property of another or of the state, the United States, any county, city, or town knowing that the person does not have the owner's effective consent is guilty of vandalism.

"Damage" includes, but is not limited to:

• Destroying, polluting or contaminating property; or
• Tampering with property and causing pecuniary loss or substantial inconvenience to the owner or a third person; and

"Polluting" is the contamination by manmade or man-induced alteration of the chemical, physical, biological or radiological integrity of the atmosphere, water, or soil to the material injury of the right of another. Pollutants include dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste. Tenn. Code Ann. § 39 -14-408 (2007).

The amount of damage sustained to the property determines what type of punishment one might receive under a vandalism charge in Tennessee. Generally, the types of punishment are based on the following:

• A Class A misdemeanor if the value of the property or services obtained is five hundred dollars ($500) or less;
• A Class E felony if the value of the property or services obtained is more than five hundred dollars ($500) but less than one thousand dollars ($1,000);
• A Class D felony if the value of the property or services obtained is one thousand dollars ($1,000) or more but less than ten thousand dollars ($10,000);
• A Class C felony if the value of the property or services obtained is ten thousand dollars ($10,000) or more but less than sixty thousand dollars ($60,000); and
• A Class B felony if the value of the property or services obtained is sixty thousand dollars ($60,000) or more. Tenn. Code Ann. § 39-14-105 (2007).

If you are facing a criminal charge in Tennessee, it’s important for you to understand the long-term implications of a conviction. A Tennessee attorney can help you deal with your legal options and bring your situation to the best resolution possible for you and your family.

Tennessee criminal defense attorneys can help you if you are charged with criminal impersonation. Our offices in Sevierville and Knoxville have represented clients with these types of charges throughout East Tennessee including Knoxville, Sevierville, Morristown, Johnson City, and Maryville.

Under Tennessee law, a person commits criminal impersonation who, with intent to injure or defraud another person:

• Assumes a false identity;
• Pretends to be a representative of some person or organization;
• Pretends to be an officer or employee of the government; or
• Pretends to have a handicap or disability.

The important words in the criminal impersonation statute are injure and defraud. If you dress like a police officer in the spirit of Halloween, the behavior does not constitute criminal impersonation. If you dress up like a police officer in order to injure or defraud another, the behavior does constitute criminal impersonation.

Criminal impersonation under the above is a Class B misdemeanor. A Class B misdemeanor in Tennessee carries a maximum of six months imprisonment, or a maximum fine of five hundred dollars, or both. If the criminal impersonation was committed to falsely obtain a driver license or photo identification license, the maximum fine of five hundred dollars must be imposed by the court. Tenn. Code Ann. § 40-35-111.

The state may prosecute for this offense via a second definition under the criminal impersonation statute. A person commits criminal impersonation who pretends to be a law enforcement officer for the purpose of:

• Engaging in an activity that is ordinarily and customarily an activity established by law as a law enforcement activity; and
• Causing another to believe that the person is a law enforcement officer. Tenn. Code Ann. § 40-35-111.

This form of criminal impersonation is more serious in terms of criminal culpability. Criminal impersonation here is a Class A misdemeanor. A Class A misdemeanor is punishable by a maximum of eleven months, twenty-nine days imprisonment or a fine not to exceed two thousand five hundred dollars, or both. If you have been charged with criminal impersonation in Tennessee, contact a criminal defense lawyer. A criminal defense lawyer will explain your rights and discuss the procedural avenues applicable to your case.

Tennessee speeding ticket attorneys know how important a clean driving record can be for financial purposes. Sometimes, your employment possibilities will be limited if you have been involved in a bunch of accidents or have multiple speeding tickets. Corporations generally do not like to hire employees with bad driving records if the job requires use of a company car. Trucking companies certainly get nervous if their drivers have bad driving records.

Depending on the circumstances, a speeding ticket or moving violation can cost anywhere from one to three-hundred and fifty dollars here in Tennessee. Even though it may be cheaper to simply pay the ticket, it could cost you more in insurance in the long run. Insurance companies are private organizations for the most part and all have different point systems. They can set there own rules and regulations for adjusting how a speeding ticket or moving traffic violation affects the insured.

A clean driving record is important and you will accrue points on it based upon the offense committed. Points can be added for moving traffic violations, speeding, and accidents. Some offenses are more serious and your license can be suspended or revoked if you commit one of the more serious offenses. Under Tennessee law, a regular driver license may be revoked or suspended for the following:

• DUI including implied consent
• allowing unlawful use of a driver license, including fraudulently altering a driver license or allowing another individual to use your license or identification
• mental or physical disabilities
• leaving the scene of a personal injury or fatal crash; failure to stop and render aid in an automobile crash
• perjury, or giving false information on the use or ownership of an automobile, or for the issuance of a driver license
• a felony that involves the use of an automobile
• evading arrest while operating a motor vehicle
• manslaughter/vehicular homicide involving the operation of an automobile
• two reckless driving violations within twelve months
• drag racing
• habitual offenders of moving traffic violations
• unsatisfied judgment resulting from the negligent operation of a motor vehicle
• purchasing or possessing any alcoholic beverage if 18-20 years old
• failure to comply with child support requirements
• driving a motor vehicle away from a gas station without paying for dispensed gas or diesel fuel
• failure to show evidence of financial responsibility to officer when involved in an accident or charged with a moving violation
• possession of a driver of five (5) or more grams of methamphetamine

If you are under 18 years old, you can lose your license for the following:

• convictions of any drug or alcohol offense, whether or not the offense occurred while driving
• dropping out of school (defined as having ten consecutive of fifteen total days in a semester of unexcused absences)
• failure to make satisfactory progress in school (which in general means passing three subjects per grading period)
• weapons violations

It is important to realize that commercial motor vehicle operators have separate rules and regulations regarding their commercial drivers licenses (CDL’S). These separate rules and regulations govern how CDL might be revoked or suspended. If you are cited with a moving violation or speeding in the East Tennessee area, contact a Tennessee traffic citation lawyer. Our traffic citation lawyers handle speeding tickets and other moving violations in Knoxville, Gatlinburg, Newport, Sevierville, Jefferson County, Maryville, Johnson City, Greenville, Bristol, Morristown, Kingsport, and Chattanooga.

Knoxville DUI lawyers realize that a DUI charge can be intimidating, especially if you don't know a lot about Tennessee DUI law. Tennessee DUI lawyers can help you understand Tennessee law, and explain your rights and options. If you have questions about the automatic license suspension or the impact a DUI conviction might have on your insurance costs, you may want to talk with a Knoxville DUI lawyer.

You should not wait until your initial court appearance to start asking questions about your particular case. Contact a Knoxville DUI lawyer before you appear in court so that your Knoxville DUI attorney can gather important information he or she needs to make informed decisions about your case. A Tennessee DUI lawyer can assess your case from your point of view, and advise you on Tennessee DUI law as it applies to your situation.

If you have questions about the sentence you face including whether the mandatory jail time provisions apply to you, contact a Tennessee DUI lawyer. You may think that there's no way to successfully challenge a DUI charge, but Knoxville DUI lawyers know that many cases have weaknesses. These weaknesses often open doors to dismissals or acquittals. Any crack in the state’s case could create an opportunity for a Tennessee DUI lawyer to negotiate for reduced charges or a favorable plea bargain.

Take advantage of the opportunity to learn about your rights under Tennessee law before you take a step in any direction. Contact a Tennessee DUI attorney if you have been charged with DUI in East Tennessee. Our DUI attorneys handle DUI cases in Knoxville, Loudon, Maryville, Gatlinburg, Pigeon Forge, Sevierville, Newport, Johnson City, Chattanooga, Nashville, and Bristol.

Knoxville Kidnapping lawyers help clients charged with kidnapping and custodial interference charges in the East Tennessee area. Custodial interference is a Tennessee crime that closely resembles kidnapping. One of the biggest distinctions is that custodial interference mainly pertains to family members of the victim.

Post-divorce life can be difficult for all parties involved. Parents nationally often attempt to flee the jurisdiction that rendered an adverse custody decision. The Parental Kidnapping Prevention Act (PKPA), and then the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) helped alleviate the confusion pertaining to where and when new court proceedings may be filed. States have adopted there own criminal laws preventing family members from napping kids or violating a court order. According to Tennessee law, It is the offense of custodial interference for a natural or adoptive parent, step-parent, grandparent, brother, sister, aunt, uncle, niece, or nephew of a child younger than eighteen years of age to:

• Remove the child from this state knowing that the removal violates a child custody determination, the rightful custody of a mother, or a temporary or permanent judgment or court order regarding the custody or care of the child;
• Detain the child within this state or remove the child from this state after the expiration of the noncustodial natural or adoptive parent or guardian's lawful period of visitation, with the intent to violate the rightful custody of a mother, or a temporary or permanent judgment or a court order regarding the custody or care of the child;
• Harbor or hide the child within or outside this state, knowing that possession of the child was unlawfully obtained by another person in violation of the rightful custody of a mother, or a temporary or permanent judgment or a court order; or
• Act as an accessory to anything listed above. Tenn. Code Ann. § 39-13-306 (2007).

It is also the offense of custodial interference for a natural or adoptive parent, step-parent, grandparent, brother, sister, aunt, uncle, niece, or nephew of an incompetent person to:

• Remove the incompetent person from this state knowing that the removal violates a temporary or permanent judgment or a court order regarding the custody or care of the incompetent person;
• Harbor or hide the incompetent person within or outside this state, knowing that possession of the incompetent person was unlawfully obtained by another person in violation of a temporary or permanent judgment or a court order; or
• Act as an accessory to anything listed above. Tenn. Code Ann. § 39-13-306 (2007).

It is a defense to custodial interference that the person who removed the child or incompetent person reasonably believed that the failure to remove the child or incompetent person would have resulted in a clear and present danger to the health, safety, or welfare of the child or incompetent person. It is also a defense to custodial interference that the individual detained or moved in contravention of the rightful custody of a mother, or of the order of custody or care, was returned by the defendant voluntarily and before arrest or the issuance of a warrant for arrest.

Custodial interference is a Class E felony, unless the person taken from lawful custody is returned voluntarily by the defendant, in which case custodial interference is a Class A misdemeanor. If you have been charged with custodial interference in Tennessee, contact a criminal defense attorney. Our lawyers handle these cases in Knoxville, Newport, Sevierville, Johnson City, Morristown, Maryville, Loudon, and Kingsport.

Tennessee Speeding Ticket Attorneys understand that Tennessee law is designed to make our roads and highways safe. Speeding is a concern for lawmakers and law enforcement officials statewide. The police officers throughout Tennessee do the best job they can to enforce these laws for public safety. What should you do when you receive a speeding ticket in Tennessee? Most people simply pay the Tennessee Speeding Ticket through the mail, but this could be more expensive down the road.

Tennessee Speeding Ticket Attorneys understand that the facts and circumstances surrounding each speeding citation are different. Whenever you pay your ticket through the mail, you are essentially pleading guilty to the offense of speeding. This may cause your annual insurance rates to go up depending upon your insurance coverage. The increase of payments to your insurance company over time may be much more expensive than the cost of the paying the speeding ticket.

If you are convicted of a traffic offense, points may also be applied to your license. If enough points accrue, your license could be suspended. Transportation in today’s society seems to be a necessity, instead of a privilege. It is important to have a license for work, grocery shopping, and almost every basic activity, especially in rural areas. In addition, a speeding ticket can be devastating if you have a commercial license. Companies are increasingly letting go drivers who speed and receive traffic tickets.

An experienced Tennessee Traffic Attorney can help Tennessee drivers reach the best resolution for their speeding ticket or other traffic violation. Before you simply pay the traffic ticket through the mail, consider the consequences associated with simply paying the ticket.

Tennessee homicide defense attorneys have extensive experience handling homicide defense cases. The ultimate goal of a Tennessee criminal defense attorney is to protect the rights of clients and attain their freedom. Tennessee homicide attorneys are committed to using their knowledge, skill, and experience to secure the best possible results for our clients. If you or a loved one has been charged with homicide, contact our office for a free consultation.

People can be charged with homicide for an intentional killing, such as murder, manslaughter arising out of reckless conduct, or for a death that resulted from a negligent act. If you are charged with homicide in the state of Tennessee, you could face life in prison or even the death penalty. With so much depending on the outcome of your case, it is imperative that you have an attorney experienced in handling Tennessee murder and manslaughter cases.

Many people who are convicted of murder or homicide are convicted because of a confession. Unfortunately, these individuals do not ask for an attorney during the investigation. Sometimes, the accused is persuaded by the police that he or she does not need a lawyer, and are ultimately coerced into the confession. Our manslaughter and homicide defense lawyers work diligently to represent the client, including:

• analyzing the police techniques
• investigating the confession

Tennessee homicide attorneys work to ascertain if the confession was a true confession or if the confession was indeed coerced. Tennessee homicide lawyers are experienced knowing how to detect signs of unconstitutional police misuse or abuse. Additionally, we have the resources available to psychologically analyze the confession for coercion and can have experts brought in to analyze and determine the true cause of death.

Our Tennessee murder and manslaughter defense attorneys represent clients throughout Tennessee, including Knox County, Sevier County, Cocke County, Blount County, and the cities of Bristol, Chattanooga, Johnson City, and Nashville.

Tennessee criminal defense attorneys know that the courts and the district attorney take accusations of assault and domestic assault very seriously. If you have been charged or investigated, contact a Tennessee criminal defense attorney immediately.

Tennessee criminal defense lawyers represent people in Johnson City, Bristol, Chattanooga, Morristown, Loudon and all communities of Knox County, Sevier County, Blount County, and Cocke County, Tennessee. There is much at stake on the outcome of your case, including jail time or fines, your reputation, and other consequences such as a criminal record. If you are a government or municipal employee, a conviction may cost you your job. You also lose your right to possess firearms for certain violations.

If the authorities have reasonable grounds for a charge of assault or domestic assault, you can be arrested immediately. These cases are rarely dismissed. The case often moves forward even if the victim doesn't testify or refuses to press charges. It is critical to have a qualified and aggressive defense by an experienced criminal law attorney.

Tennessee criminal defense attorneys have defended against all types of assault and domestic violence situations: husband/wife, boyfriend/girlfriend, father/son roommate/roommate or mother/daughter. In addition to assault and domestic assault charges, we challenge the issuance of restraining orders and orders of protection. Protect your rights. Contact a Tennessee assault attorney if you have been charged with assault or domestic assault in the East Tennessee area. We offer a free initial consultation.

Tennessee traffic lawyers can help you organize and present your defense to any traffic–related charge. Whether it be a citation for speeding, reckless driving, no insurance, operating a vehicle without a license, driving while revoked, driving while suspended, or an arrest for Driving Under the Influence (DUI), if you are seeking legal representation, allow Tennessee traffic attorneys the opportunity to assist you throughout the judicial process.

We can help negotiate on your behalf so that you can avoid points on your license, increased insurance premiums, and loss of your driving privileges. Even if this is your first traffic citation or speeding ticket, it is important to contact a Tennessee traffic lawyer before paying your ticket. In many instances, it is important to have a lawyer at your initial court appearance. Adequate time is needed to investigate the specific facts of your case, and to allow your attorney to prepare your defense.

Tennessee traffic lawyers frequently represent out-of-state residents who have been cited for traffic violations on I-40 or I-75. It can be burdensome to travel back to Tennessee to appear in court or to obtain counsel. In most cases, we can handle certain citations without the need for your appearance.

Tennessee traffic attorneys represent clients charged with DUI's, speeding tickets, reckless driving, operating without insurance and other traffic violations throughout East Tennessee. Contact our office for a free initial consultation about your particular situation. Our attorneys handle speeding tickets and other moving violations in the East Tennessee area including Knoxville, Newport, Sevierville, Morristown, Maryville, Gatlinburg, and Pigeon Forge.

Tennessee criminal defense lawyers know that solicitation of a minor, especially when the solicitation is online, is heavily investigated and targeted both by federal and state law enforcement agencies. Men typically instigate the inappropriate contact with another, although females are certainly subject to prosecution.

Under Tennessee law, the contacted person may be either real or a decoy. The word solicitation is synonymous with the word ask, so the offense is committed whether or not the solicited act is followed through or not. In other words, it is no defense that the solicitation was unsuccessful or that the conduct solicited was not engaged in. Liability lies when the question is asked with the appropriate level of intent.

According to Tennessee law, it is an offense for a person eighteen years of age or older, by means of oral, written or electronic communication, electronic mail or Internet services, directly or through another, to intentionally command, request, hire, persuade, invite or attempt to induce a person whom the person making the solicitation knows, or should know, is less than eighteen years of age, or solicits a law enforcement officer posing as a minor, and whom the person making the solicitation reasonably believes to be less than eighteen years of age, to engage in conduct that, if completed, would constitute:

(1) Rape of a child;

(2) Aggravated rape;

(3) Rape;

(4) Aggravated sexual battery;

(5) Sexual battery by an authority figure;

(6) Sexual battery;

(7) Statutory rape;

(8) Especially aggravated sexual exploitation of a minor; or

(9) Sexual activity involving a minor. Tenn. Code Ann. § 39-13-528 (2007).

The punishment for solicitation of a minor depends upon the classification of the crime solicited. Solicitation of a minor constitutes an offense one classification lower than the most serious crime solicited. If you have been accused of solicitation of a minor in Tennessee, contact a sex offense attorney. Your first meeting to discuss your options is free. Our sex offense lawyers handle sex offense cases across East Tennessee including Knoxville, Johnson City, Loudon, Alcoa, Maryville, Chattanooga, Sevierville, Morristown, and Newport.