Tennessee Criminal Lawyer Blog

Tennessee criminal defense lawyers understand that a conviction of burglary or aggravated burglary will have severe consequences beyond jail and restitution. A conviction will emotionally hurt the individuals you care about and damage your reputation in the community. Burglary is typically considered to be a crime of dishonesty. A conviction will negatively affect your career, ability to get a job, and capacity to obtain or maintain most professional licenses.

The main distinction between regular burglary and aggravated burglary in Tennessee is that the regular burglary statute uses the term “building;” whereas, the aggravated burglary statute uses the term “habitation.” Tenn. Code Ann. § 39-14-403 (2007).

The term "habitation," is broader than "building" because it includes vehicles and structures other than buildings, such as modular units, mobile homes, trailers, campers and tents that are adapted for the overnight accommodation of persons. "Habitation" also includes garages and other outbuildings that are separately secured and occupied portions of a habitation.

Habitation for purposes of burglary may include any of the following:

• Any structure, including buildings, module units, mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons;
• Includes a self-propelled vehicle that is designed or adapted for the overnight accommodation of persons and is actually occupied at the time of initial entry by the defendant; and
• Includes each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with the structure or vehicle; Tenn. Code Ann. § 39-14-401 (2007)

The penalties for aggravated burglary are stiff, as it is considered to be a Class C felony. Class C felonies are punishable between three and fifteen years incarceration and up to a fine of ten thousand dollars. Tenn. Code Ann. § 40-35-111 (2007). If you are charged with burglary or aggravated burglary, contact a criminal defense lawyer. Our lawyers handle these charges in Knoxville, Sevierville, Alcoa, Morristown, Johnson City, Chattanooga, and Newport.

Tennessee criminal defense lawyers help clients charged with traffic violations, misdemeanors, and complicated felonies. All cases are different so different defenses and strategies are employed. Depending on the circumstances, the defendant in a criminal case will often attempt to divert prosecution in his or her case.

According to Tennessee law, a qualified defendant may agree with the state to suspend prosecution for a specific period of time. It is important to stress that the state and defendant must agree to suspend prosecution, and that pretrial diversion will not happen for all qualified defendants. The agreement is done by what’s known as a memorandum of understanding. The prosecution can be suspended up to a maximum of two years once the memorandum of understanding is filed. The defendant is responsible for paying certain fees once an agreement is made. The defendant must also follow certain conditions during the period when the prosecution is suspended. Once these conditions are completed, the charges are dropped within 90 days after the expiration of the period of suspension.

Defendants must be qualified by meeting each of the following requirements to be eligible for pretrial diversion:

• The defendant must not have previously been granted pretrial diversion or judicial diversion; and

• The defendant must not have a prior misdemeanor conviction for which a sentence of confinement is served or a prior felony conviction within a five-year period after completing the sentence or probationary program for the prior conviction; and

• The offense for which the prosecution is being suspended must not be a Class A or Class B felony; and

• The offense for which the prosecution is being suspended must not be a DUI, vehicular assault, or sexual offense. Sexual offense includes the following:

1. Aggravated prostitution;
2. Aggravated rape;
3. Aggravated sexual battery;
4. Aggravated sexual exploitation of a minor;
5. Attempt to commit any of these offenses;
6. Conspiracy to commit any of these offenses;
7. Especially aggravated sexual exploitation of a minor;
8. Rape;
9. Rape of a child;
10. Sexual battery by an authority figure;
11. Solicitation to commit any of these offenses.

• The offense for which prosecution is being suspended must not be any of the following Class C felonies:

1. Adulteration of foods, liquids or pharmaceuticals;
2. Aggravated assault resulting in serious bodily injury;
3. Aggravated burglary;
4. Bribery of a public servant;
5. Bribing a juror;
6. Bribing a witness;
7. Buying and selling in regard to public offices;
8. Introduction of weapons, explosives, intoxicants or drugs into a state, county, or municipal institution where prisoners are quartered;
9. Robbery;
10. Voluntary manslaughter;
11. Vehicular homicide (effective January 1, 2008). Tenn. Code Ann. § 40-15-105 (2007).

If you would like more information, contact a Tennessee criminal defense attorney. Our lawyers help clients in the East Tennessee area including Knoxville, Sevierville, Gatlinburg, Loudon, Newport, Morristown, Johnson City, Chattanooga, and Maryville.

Tennessee criminal lawyers defense lawyers know that the birth of each New Year is a time for celebration for many Americans. New Year’s Eve and New Years Day is customarily a big holiday for going out, visiting friends and family, and watching football. With so many people celebrating, law enforcement agencies closely monitor the public. The police will pay special attention to different types of alcohol related crimes in East Tennessee such as DUI, underage consumption, and public intoxication.

The public drunkenness statutes across the nation vary significantly in each jurisdiction. Tennessee has a public intoxication statute to protect not only the offender from danger, but also to protect the public from the offender. Under Tennessee law, a person commits the offense of public intoxication who appears in a public place under the influence of a controlled substance or any other intoxicating substance to the degree that:

• The offender may be endangered;
• There is endangerment to other persons or property; or
• The offender unreasonably annoys people in the vicinity. Tenn. Code Ann. § 39-17-310 (2007).

Unless committed publicly, drunkenness is not a crime or a punishable offense. The offense of public intoxication is considered to be a Class C misdemeanor, the lowest level of misdemeanor in terms of seriousness. Class C misdemeanors in Tennessee are punishable as a maximum of thirty days incarceration, or a fine not to exceed fifty dollars, or both.

If you are charged with public intoxication, or any other alcohol related crime, contact a criminal defense attorney. Our criminal defense attorneys handle public intoxication charges in Knoxville, Gatlinburg, Sevierville, Morristown, Maryville, Newport, and Johnson City.

Knoxville traffic attorneys know how frustrating receiving an unexpected ticket through the mail can be. The city of Knoxville has installed cameras in certain red lights throughout the city to catch light-runners. The red light cameras were installed to promote safety on Knoxville’s roadways.

These fully automated devices collect all of the evidence authorities need to prosecute you if you are caught. If a camera catches you speeding through the intersection, you can expect a ticket (and usually a photograph of the violation) to arrive in your mailbox sometime in the near future. According to the City of Knoxville’s website, the following are locations throughout Knoxville containing red light cameras as of April 2007:

• Alcoa Highway at Kingston Pike
• Henley at Cumberland
• Henley at Main
• Henley at Western/Summit Hill
• Clinton Highway at Merchants
• Clinton Highway at Tillery
• Kingston Pike at Morrell
• Kingston Pike at Papermill
• Cedar Bluff at I-40
• Cedar Bluff at N. Peters
• Lovell Road at I-40
• Broadway at I-640
• Chapman at Greene
• Chapman at Moody
• Chapman at Young High
• Being considered: Broadway at Adair

There are complaints associated with these red light cameras. Many times, recipients of tickets are not notified sufficiently. These tickets are generally sent out via first class mail. There is no guarantee that the accused motorists will even receive the ticket. If the motorist receives the ticket, there is no guarantee that the accused individual will even understand the ticket, or know how to respond to it. If someone doesn’t pay, it is assumed that he or she refused to pay intentionally.

In addition, there is typically no identification of who drove the vehicle. Instead, the vehicle owner is mailed the ticket regardless of whether the owner was driving the vehicle. The vehicle owner is forced to prove his or her innocence, often by identifying the actual diver who might be a family member, friend or employee.

If you receive a red light ticket, or any type of moving violation in the Knoxville area, contact a Tennessee traffic lawyer. Our lawyers fight speeding tickets and other moving and non-moving violations throughout East Tennessee including Knox County, Cocke County, Jefferson County, Loudon, and Hamblen County.