Tennessee Criminal Lawyer Blog

Tennessee criminal defense attorneys realize the negative implications of any sex crime arrest. It is important for these types of cases to be dealt with swiftly, but cautiously for a positive resolution. Sex crime cases almost always present high emotions combined with significant public interest. The offense of Incest in Tennessee is considered one of the more serious sex crimes.

Under Tennessee’s sex offender registration act, a conviction of Incest forces the offender into the violent sexual offender category. The act makes a distinction between sexual offenders and violent sexual offenders. The violent classification has certain legal consequences and is considered more serious than sexual offenders. Under Tennessee law, a person commits incest who engages in sexual penetration with a person, knowing the person to be, without regard to legitimacy:

• The person's natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child; or

• The person's brother or sister of the whole or half-blood or by adoption.

Incest is a Class C felony. Tenn. Code Ann. § 39-15-302 (2007).

"Sexual penetration" means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of the victim's, the defendant's, or any other person's body, but emission of semen is not required. Tenn. Code Ann. § 39-13-501 (2007).

The Tennessee incest law now forbids a wider range of relationships than did prior incest laws by adding adoptive and step-parent and step-child relationships. This change was made to promote family solidarity by prohibiting relationships with anyone with parental authority which may be abused to sexual ends.

If the sexual penetration is nonconsensual, the offender could be charged with rape or aggravated rape. If one of the parties is a minor who is legally incapable of consenting, the offender may be charged with statutory rape despite consent being given. If you have been charged with any sex crime including incest, contact a Tennessee criminal defense lawyer. Our office handles sex crime cases in Knoxville, Nashville, Johnson City, Sevierville, Chattanooga, Greenville, Morristown, and Maryville.

Knoxville DUI lawyers help individuals charged with DUI in the East Tennessee area. Depending on the circumstances, an individual convicted of DUI in Tennessee must participate in litter removal. Many individuals have questions concerning the circumstances and conditions of litter removal.

If the offender is a resident of Tennessee, the litter removal portion of the sentence shall occur in the offender's county of residence according to Tennessee law. If the offender is not a resident of Tennessee, the litter removal portion of the sentence shall occur in the county where the violation occurred.

In order to reimburse the sheriff for costs related to the supervision of the offender while on a litter removal work crew, the offender shall pay to the sheriff a fee equivalent to the jailer's fee for misdemeanants for each day the offender participates in a litter removal program. The fee must be received by the sheriff before the sheriff certifies that the offender has completed this condition of probation.

Upon request, the sheriff shall provide the offender with a schedule of the times and dates when litter removal crews will be working. Crews shall only be scheduled to work during daylight hours and only on state route highways or state-aid highways. The sheriff should attempt to provide enough opportunities to work on a litter removal crew that an offender may complete the required three days of litter removal within a ninety-day period. Offenders may work with other prisoners on litter removal crews organized by the county or a municipality within the county.

The offender shall notify the sheriff not less than twenty-four hours in advance of a scheduled work date to indicate that the offender desires to participate. The sheriff, in the sheriff's discretion, may set a maximum number of participants on a work crew and allow participation on a first-come, first-serve basis. The offender is responsible for arranging transportation to and from the work site or other location where the sheriff directs offenders to report. Except for the vest discussed below, offenders are also responsible for furnishing their own clothing and food while engaged in litter removal.

Each offender ordered to remove litter shall be required to wear a blaze orange or other distinctively colored vest with the words "I AM A DRUNK DRIVER" stenciled or otherwise written on the back of the vest, in letters no less than four inches in height.

It shall be within the discretion of the sheriff to select the state route highways or state-aid highways from which offenders remove litter. If the highway selected is a state route highway, the department of transportation shall provide a truck or trucks to remove the litter removed by the offenders. If the highway selected is a state-aid highway, the appropriate county shall provide a truck or trucks to remove the litter removed by the offenders. Tenn. Code Ann. § 55-10-403 (2007).

If you have been charged with DUI in East Tennessee, contact a DUI lawyer. Our offices handle DUI charges in Knoxville, Sevierville, Pigeon Forge, Gatlinburg, Newport, Maryville, and Loudon.

Our Tennessee attorneys understand that receiving a citation for reckless driving can have long-term implications for Tennessee drivers. In the experience of our Tennessee traffic citation attorneys, a charge of reckless driving can increase insurance rates and can even affect driving privileges. If you’ve been charged with reckless driving, consulting an experienced Tennessee attorney can help you understand your legal options and resolve your situation in the best way possible.

According to Tennessee law, any person who drives a vehicle in willful or wanton disregard for the safety of persons or property commits reckless driving. Tenn. Code Ann. § 55-10-205. In the experience of our Tennessee attorneys, willful or wanton disregard for safety must be determined from all the circumstances of the situation. Our Tennessee attorneys know that a conviction for reckless driving can be maintained for speed alone. However, driving at a high speed is not automatically sufficient to sustain a conviction for reckless driving.

In addition, a person commits reckless driving who drives a motorcycle with the front tire raised off the ground in willful and wanton disregard for the safety of persons or property on any public street, highway, alley, parking lot, or driveway, or on the premises of any shopping center, trailer park, apartment house complex, or any other premises that are generally frequented by the public at large; provided, that the offense of reckless driving for driving a motorcycle with the front tire raised off the ground shall not be applicable to persons riding in a parade, at a speed not to exceed thirty miles per hour (30 mph), if the person is eighteen years of age or older. Tenn. Code Ann. § 55-10-205.

Reckless driving is a Class B misdemeanor and can be punishable by imprisonment of up to six months and fine of five hundred dollars ($500.00). In the experience of our Tennessee attorneys, the implications of a reckless driving citation can have consequences beyond the initial sentence. The Tennessee Department of Safety maintains a Driver Improvement Program to monitor Tennessee driving records. Every time a Tennessee driver is convicted of a traffic violation that driver is assigned a specific number of points. A Tennessee citation for reckless driving accumulates six points on the driver’s license. Any driver who accumulates twelve or more points on their license within one year faces proceedings which may lead to suspension of driving privileges. If you are convicted of two reckless driving charges within one year, you are subject to having your license suspended. Additionally, Tennessee drivers convicted of a reckless driving charge may face dramatic increases in their automobile insurance rates.

If you are facing a charge of reckless driving 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. Our office handles not only reckless driving charges, but all moving violations, speeding tickets, and traffic citations in the East Tennessee area. If you are charged with reckless driving, contact a Tennessee traffic attorney. Our lawyers assist clients with these charges and citations in Knoxville, Sevierville, Pigeon Forge, Gatlinburg, Newport, Maryville, Johnson City, Morristown, and Loudon.

Tennessee criminal defense attorneys realize that parents should always contribute to the upbringing of their children. It is important for parents to be emotionally, physically, and monetarily involved with their children. The Tennessee legislature takes the offense of nonsupport seriously.

Under Tennessee law, a person commits the crime of nonsupport who fails to provide support which that person is able to provide and knows the person has a duty to provide to a minor child or to a child or spouse who, because of physical or mental disability, is unable to be self-supporting.

• "Child" includes legitimate children and children whose parentage has been admitted by the person charged or established by judicial action.
• "Support" includes financial assistance, food, shelter, clothing, medical attention or, if determined elsewhere by law, other necessary care. Tenn. Code Ann. § 39-15-101 (2007).

Under Tennessee law, a person commits the offense of flagrant nonsupport who:

• Leaves or remains without the state to avoid a legal duty of support; or
• Having been convicted one or more times of nonsupport or flagrant nonsupport, is convicted of a subsequent offense under this section.

Nonsupport is a Class A misdemeanor. Class A misdemeanors are punishable by imprisonment not greater than eleven months, twenty-nine days or a fine not to exceed $2,500.00, or both. Flagrant nonsupport under subsection is a Class E felony. Class E felonies are punishable by imprisonment of 1 to 6 years and a fine not to exceed $3,000.00. If you have been charged with nonsupport or any other criminal offense, contact a criminal defense attorney. Our lawyers handle all types of criminal cases in Knoxville, Sevierville, Pigeon Forge, Morristown, Maryville, Newport, and Johnson City.

Tennessee criminal defense lawyers realize that powerful emotions are involved during any sex crime case. If you are convicted of a sex crime in today’s society, you face serious consequences beyond jail time. A conviction will force you to report to local sheriff’s offices periodically upon release from incarceration. In addition, the Tennessee Bureau of Investigation (TBI) will place your updated photograph on its website for the public to view. Even false accusations of any sex crime may potentially ruin your life.

Rape of a child is one of the most serious sex crimes in Tennessee. The age of the victim is the primary distinction between rape and rape of a child. Rape of a child is the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is more than three years of age but less than thirteen years of age.

Rape of a child is a Class A felony, the highest level of felonies.

Stiff penalties accompany a conviction for rape of a child. A person convicted of a first or subsequent violation of the rape of a child statute shall be punished by a minimum period of imprisonment of twenty-five years. The sentence imposed upon any such person may, if appropriate, exceed twenty-five years, but in no case shall it be less than the minimum period of twenty-five years.

The board of probation and parole may require, as a mandatory condition of supervision for any person convicted of rape of a child, that the person be enrolled in a satellite-based monitoring program for the full extent of the person's term of supervision. Tenn. Code Ann. § 39-13-522 (2007).

If you have been charged with sexual battery, aggravated sexual battery, sexual misconduct, rape, statutory rape, rape of a child, or any other sex crime, contact a criminal defense attorney. Our office handles these charges in East Tennessee including Nashville, Johnson City, Knoxville, Morristown, Sevierville, Newport, Crossville, and Maryville.

Tennessee traffic citation attorneys realize that the State of Tennessee upped the ante on traffic violations involving emergency vehicles. The Move Over Law is part of the Failure to Yield to Emergency Vehicles Law. Tennessee drivers were already required to move to the right side of the road when an emergency vehicle approached before the enactment of the Move Over Law.

The Move Over Law affects cars that are approaching stopped emergency vehicles, police vehicles and authorized towing or road maintenance vehicles with flashing lights. When cars are approaching these stopped vehicles, the cars must yield the right of way and change lanes to move away from the vehicles. If cars cannot change lanes, the cars must slow down. The law is intended to protect state troopers and other officials who work on the side of the roadway.

According to Tennessee law, upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of the applicable laws of this state, or of a police vehicle properly and lawfully making use of an audible signal only:

• The driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer; and
• Upon the approach of an authorized emergency vehicle, as above stated, the operator of every streetcar shall immediately stop such car clear of any intersection and keep it in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

Upon approaching a stationary authorized emergency vehicle, when such vehicle is giving a signal by use of flashing lights, a person who drives an approaching vehicle shall:

• Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; or
• Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.

Upon approaching a stationary recovery vehicle or a highway maintenance vehicle, when such vehicle is giving a signal by use of authorized flashing lights, a person who drives an approaching vehicle shall:

• Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to the stationary recovery vehicle or the highway maintenance vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; or
• Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe. Tenn. Code Ann. § 55-8-132 (2007).

A violation of the Move Over Law is a Class B misdemeanor punishable by a fine of not less than one hundred dollars nor more than five hundred dollars, or imprisonment not greater than thirty days, or both. If you have been cited with violating the Move Over Law, contact a traffic citation attorney. Our lawyers handle speeding tickets and other moving violations in Knoxville, Sevierville, Newport, Loudon, Johnson City, Greenville, and Maryville.

Knoxville stalking lawyers help clients in the East Tennessee area. Many times, the accused and the victim are either related or have had some type of serious relationship. Although many stalking accusations are well-founded, other accusations are simply false.

The basic form of stalking is a Class A misdemeanor in Tennessee. According to Tennessee law, "Stalking" means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

• "Course of conduct" means a pattern of conduct composed of a series of two or more separate noncontinuous acts evidencing a continuity of purpose.
• "Harassment" means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable person to suffer emotional distress, and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose;

There are actually three degrees of stalking offenses in Tennessee: stalking, aggravated stalking, and especially aggravated stalking. A person commits aggravated stalking, a Class E felony, who commits the offense of stalking and:

• In the course and furtherance of stalking, displays a deadly weapon;
• The victim of the offense was less than eighteen years of age at any time during the person's course of conduct, and the person is five or more years older than the victim;
• Has previously been convicted of stalking within seven years of the instant offense;
• Makes a credible threat to the victim, the victim's child, sibling, spouse, parent or dependents with the intent to place any such person in reasonable fear of death or bodily injury; or
• At the time of the offense, was prohibited from making contact with the victim under a restraining order or injunction for protection, an order of protection, or any other court-imposed prohibition of conduct toward the victim or the victim's property, and the person knowingly violates the injunction, order or court-imposed prohibition.

The last bullet causes many problems in domestic violence cases. Many times, one spouse takes out an order of protection upon another spouse. The order usually prohibits contact between the couple. If the couple resumes contact before the order is dissolved, there is typically a violation. A person commits especially aggravated stalking who:

• Commits the offense of stalking or aggravated stalking, and has previously been convicted of stalking or aggravated stalking involving the same victim of the instant offense; or
• Commits the offense of aggravated stalking, and intentionally or recklessly causes serious bodily injury to the victim of the offense or to the victim's child, sibling, spouse, parent or dependent. Tenn. Code Ann. § 39-17-315 (2007)

Aggravated Stalking is a Class C felony. If you have been charged with any of the stalking offenses under Tennessee law, contact a criminal defense attorney. Our offices handle stalking and other offenses in Knoxville, Sevierville, Gatlinburg, Loudon, Morristown, Johnson City, Newport, and Maryville.

Knoxville criminal defense attorneys realize how important it is for your Tennessee driver license to be valid. Once you are declared an HMVO (Habitual Motor Vehicle Offender), your driving privileges are automatically revoked and you are not allowed to drive while the court order remains in effect. It is important to contact a Knoxville HMVO lawyer to minimize the risk of losing your license. A routine trip to the grocery, work, or school becomes inconvenient for your friends and family. No license to operate any motor vehicle in Tennessee can be issued for at least three years from the entry date of the order finding someone as an HMVO.

According to Tennessee law, Habitual offender means any person convicted of three offenses listed below within a five year period or five offenses within a ten year period:

• Voluntary manslaughter resulting from the operation of a motor vehicle;
• Vehicular homicide;
• Involuntary manslaughter resulting from the operation of a motor vehicle;
• Vehicular assault;
• Violation of meeting or overtaking school buses;
• Violation of the duty to stop at the scene of an accident resulting in injury or death;
• Violation of the duty to stop at the scene of an accident resulting only in damage to a vehicle driven or attended by any person;
• DUI;
• Aggravated vehicular homicide;
• Adult driving while impaired;
• Reckless driving;
• Drag racing;
• Evading arrest in a motor vehicle;
• Reckless endangerment by use of a motor vehicle; or
• Driving on a cancelled, suspended or revoked license if the underlying offense resulting in such cancellation, suspension or revocation is any of the above offenses. Tenn. Code Ann. § 55-10-603 (2007).

If you are found guilty of driving while HMVO, the offense is punishable as a Class E felony. Class E felonies are punishable by imprisonment of 1 to 6 years and a fine not to exceed $3,000.00. If you or someone you know is charged with driving while HMVO, contact a Knoxville HMVO lawyer. Our Tennessee attorneys handle these charges in Knoxville, Newport, Maryville, Loudon, Morristown, Johnson City, Bristol, Greeneville, and Kingsport.

Knoxville theft lawyers help clients charged with fraudulent use of a credit card in the East Tennessee area. While theft is the most obvious form of credit card fraud, credit card fraud can occur in multiple ways. A common example occurs when someone uses another’s card number without his or her knowledge. This may be accomplished by different methods. For example, someone could go through trash to find discarded receipts or carbons, and then use the account number. A dishonest clerk at any store could make an extra imprint from the credit or charge card and use it to make personal charges.

Although there are certain federal laws forbidding this behavior, the states also have their independent credit fraud laws. According to Tennessee law, a person commits the crime of illegal possession of a credit or debit card who, knowing the person does not have the consent of the owner or issuer, takes, exercises control over or otherwise uses that card or information from that card.

A person commits the crime of fraudulent use of a credit or debit card who uses, or allows to be used, a credit or debit card or information from such card, for the purpose of obtaining property, credit, services or anything else of value with knowledge that:

• The card is forged or stolen;
• The card has been revoked or cancelled;
• The card has expired and the person uses the card with fraudulent intent; or
• For any other reason the use of the card is unauthorized by either the issuer or the person to whom the credit or debit card is issued. Tenn. Code Ann. § 39-14-118 (2007).

Fraudulent use of a credit or debit card is punishable as theft depending on the amount of property, credit, goods or services obtained. The grading for theft in Tennessee is as follows:

• 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.

If no property, credit, goods, or services are actually received or obtained, illegal possession or fraudulent use of a credit card is a Class B misdemeanor. If you or someone you know is charged with credit card fraud, contact a Tennessee theft attorney. Our office handles theft charges in Knoxville, Sevierville, Chattanooga, Loudon, Johnson City, Newport, and Maryville.

Tennessee theft attorneys understand that joyriding is typically committed by juvenile offenders, most of which are male. Someone may commit joyriding because it is believed to be exciting, stimulating, gives status, and so on. Juveniles often commit this offense to rebel against authority, due to peer pressure, and for other reasons. Many offenders commit joyriding in a reckless manner that threatens danger to public safety.

According to Tennessee law, a person commits the offense of joyriding who takes another's automobile, airplane, motorcycle, bicycle, boat or other vehicle without the consent of the owner and the person does not have the intent to deprive the owner thereof. Tenn. Code Ann. 39-14-106 (2007).

Joyriding typically occurs when someone borrows another’s car without permission, but plans on returning the vehicle. Joyriding closely resembles the crime of theft. The difference between joyriding and theft is that no intent to permanently deprive the owner of the property exists with joyriding.

Joyriding is a Class A misdemeanor in Tennessee. Class A misdemeanors are punishable by a maximum of eleven months, twenty-nine days incarceration or a fine not to exceed two thousand five hundred dollars, or both. Joyriding is taken very seriously by the courts because it typically poses a threat to public safety. If you or someone you know has been charged with joyriding, contact a Tennessee theft lawyer. A Tennessee criminal lawyer can advise you of your rights and legal options. Our office handles these charges in Knoxville, Sevierville, Morristown, Greenville, Johnson City, and Chattanooga.

Tennessee traffic citation attorneys help CDL holders from across the nation with their speeding and moving violations committed in East Tennessee. Our attorneys understand that today’s truckers in America are heavily regulated at both the federal and state level. These regulations may be confusing, especially since CDL holders travel throughout so many jurisdictions with different rules.

The state and federal legislature regulate the trucking industry heavily for safety reasons. If the vehicle needs a CDL driver to be legal, it is either heavy or transporting something dangerous. It is important that the drivers of these types of vehicles be cautious drivers. The heavier the vehicle, the more dangerous any accident might be.

Federal law mandates that a person must have a CDL to operate any vehicle with a gross vehicle weight rating (GVWR) of 26,001 pounds or more. In addition, a driver must have his CDL if a trailer with a GVWR of more than 10,000 pounds if the gross combination weight rating (GCWR) is 26,001 pounds or more. Any size vehicle that transports certain hazardous materials placards must also have a CDL driver. CDL holders lose more points on their Tennessee license compared to Class D drivers for similar violations. According to the Tennessee Department of Safety, the following schedule of moving violations applies to commercial vehicles:

• Reckless driving . . .7 points
• Improper passing . . . 4 points
• Improper or erratic lane change . . . 5 points
• Following improperly . . . 4 points
• Careless or negligent driving . . . 5 points
• Failure to obey traffic instructions . . . 4 points
• Wrong way, side or direction . . . 4 points
• Failure to yield right of way . . . 4 points
• Making improper turn . . . 4 points
• Failure to signal direction . . . 3 points
• Passing stopped school, church, or youth bus taking on or discharging passengers . . . 6 points
• Following emergency vehicle unlawfully . . . 3 points
• Speed less than posted minimum . . . 4 points
• Miscellaneous traffic violations . . . 3 points
• Failure to yield to emergency vehicles . . . 6 points
• Failure to stop at a railroad crossing . . . 8 points

Tennessee traffic citation attorneys understand that collectively, driving commercially is an integral element of American modern industry. If you have a CDL and are cited with speeding or a moving traffic violation, contact a Tennessee traffic lawyer. Our office handles these types of cases in Knoxville, Sevierville, Alcoa, Maryville, Newport, Dandridge, Johnson City, Greenville, Morristown, and Bristol.