January 31, 2008

Unlawful Carrying or Possession of a Weapon in Tennessee

Tennessee criminal defense attorneys have successfully represented clients throughout East Tennessee who have been charged with unlawful carrying or possession of a weapon. In some cases, Tennessee criminal defense lawyers can negotiate with prosecutors to have charges reduced. While the outcome your case depends upon the circumstances involved, Tennessee criminal defense attorneys will always fight for your best interests.
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Tennessee’s unlawful carrying or possession of a weapon statute prohibits a person from carrying a weapon with the intent to go armed. It also prohibits possession of a handgun by certain convicted felons and possession of a deadly weapon by one who intends to use it to commit an offense. Punishment for these offenses is based on the seriousness of the offense and the potential for harm to others.

If you are convicted of unlawful carrying or possession of a weapon, you may face legal consequences such as imprisonment, probation, loss of the right to own or possess a weapon, or monetary fines. The severity of these consequences can depends upon your prior criminal history, attitude of the community about the crime committed, and if there are any aggravating circumstances.

If you have been charged with unlawful carrying or possession of a weapon in the East Tennessee area, it is important that you contact an experienced criminal defense attorney. A skilled attorney can advise you of your legal options and protect your rights. Our attorneys handle these types of cases in Knoxville, Loudon, Newport, Morristown, Sevierville, Gatlinburg, Pigeon Forge, and Maryville.

January 10, 2008

Cruelty to Animals - Tennessee Law

Tennessee criminal defense lawyers help clients charged with numerous different offenses including the crime of cruelty to animals. Most jurisdictions in the United States and around the world have enacted laws which forbid cruelty to animals, and Tennessee is no exception. These laws typically provide minimum requirements for care and treatment of animals. They usually mandate that animals be provided food, water, shelter, and medical treatment and they prohibit animals from being tortured or killed inhumanely.
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Under Tennessee law, a person commits the offense of cruelty to animals who intentionally or knowingly:

• Tortures, maims or grossly overworks an animal;
• Fails unreasonably to provide necessary food, water, care or shelter for an animal in the person's custody;
• Abandons unreasonably an animal in the person's custody;
• Transports or confines an animal in a cruel manner; or
• Inflicts burns, cuts, lacerations, or other injuries or pain, by any method, including blistering compounds, to the legs or hooves of horses in order to make them sore for any purpose including, but not limited to, competition in horse shows and similar events. Tenn. Code Ann. § 39-14-202 (2007).

In addition, the cruelty to animals statute in Tennessee retains a special provision pertaining to dogs. A person who knowingly ties, tethers, or restrains a dog in a manner that results in the dog suffering bodily injury commits cruelty to animals. "Bodily injury" includes a cut, abrasion, bruise, burn or disfigurement, and physical pain or temporary illness or impairment of the function of a bodily member, organ, or mental faculty. Tenn. Code Ann. § 39-11-106 (2007).

The penalties for cruelty to animals are stiff. Cruelty to animals is a Class A misdemeanor under Tennessee law. A second or subsequent conviction for cruelty to animals is a Class E felony. If you have been charged with any crime in East Tennessee, contact a criminal defense attorney. All initial consultations are free of charge. Our criminal defense lawyers will discuss the merits of the state’s case against you and help you get your life back on track.

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January 9, 2008

DUI 2 Penalties in Tennessee

Knoxville DUI lawyers handle DUI cases across the East Tennessee area. If you are charged with DUI, contact one of our attorneys. Our DUI lawyers will examine the facts of your case and advise you on how to approach your particular situation. The crime of DUI is one of the most committed crimes in Tennessee and the United States today. DUI laws have stiffened over the years and the penalties exponentially increase with multiple DUI convictions.
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DUI 2 is considered a Class A misdemeanor under Tennessee law. The period of confinement substantially increases compared to a DUI 1. If convicted, the offender must serve at least 45 days confinement up to 11 months and 29 days confinement in the county jail or workhouse. The difference between the time actually served and 11 months and 29 days must be served on probation.

The costs for a DUI 2 are expensive. Besides expensive court costs, DUI 2 is punishable by fine between $600 and $3,500. In addition, if you are convicted you will lose your license for a period of two years. A second offender may also forfeit his or her vehicle and be subject to an ignition lock device.

DUI is unusual in that people from all walks of life tend to commit the offense. If you are charged with DUI, it is important to contact an experienced DUI attorney. Our firm defends clients charge with DUI in Knoxville, Sevierville, Pigeon Forge, Gatlinburg, Newport, Maryville, Loudon, and Morristown.

January 7, 2008

Tennessee Criminal Law - DUI 3

Knoxville DUI lawyers know the seriousness of any DUI conviction. The consequences include jail time, loss of your license, and expensive fines and court fees. If you are charged with DUI in the East Tennessee area, contact a Knoxville DUI attorney. One of our DUI lawyers will assess your case, and discuss options for moving forward.
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The penalties for subsequent DUI convictions increase tremendously. Previous blogs have discussed the penalties for a first DUI offense. A DUI 3 carries the harshest DUI penalties under misdemeanor DUI law. If a person receives a DUI 4 within the requisite time period, it is considered a felony under Tennessee law.

The third conviction of DUI in Tennessee is still considered to be a Class A misdemeanor. The mandatory minimum incarceration period is 120 days up to 11 months and 29 days. The difference between the time actually served and 11 months and 29 days must be served on probation according to the statute. DUI 3 carries stiff fines as well. DUI 3 is punishable by fine of $1,100 to $10,000. In addition, an individual convicted of DUI 3 will lose his or her license between 3 and 10 years. Besides heavy fines and jail time, a convicted individual is subject to forfeiture of his or her automobile, and an ignition interlock device.

A third DUI conviction within the requisite time will have HMVO (Habitual Motor Vehicle Offender) implications. Contact a Knoxville DUI lawyer to discuss your case further. All initial consultations are free. Our DUI attorneys handle DUI cases in Knoxville, Gatlinburg, Pigeon Forge, Sevierville, Morristown, Dandridge, Maryville, and Newport.

January 2, 2008

Police Requests versus Police Orders

Many people question whether they should cooperate with the police. If the police ask you questions or ask you to do something, you usually have a legal right not to answer them, to walk away, or to refuse the request. If you are ordered to do something, you should obey that order. But, having the police order you is an important part of ensuring your protections under the constitution. If you are not sure whether they are requesting or ordering, you should obey them. Do not put yourself in danger by attempting to walk away from or disobey a police officer. And, if you feel like they are commanding you, then you protect your rights by obeying them.
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If you feel the police are asking you to do something in a friendly, casual, non-threatening tone, and it is not clear whether they are commanding you or simply requesting something during a conversation, you may ask them whether they are ordering you or simply asking. If it is an order, you must obey immediately. If it is simply a request, you have the option of not granting the request. This will protect your rights. Remember to always use wise judgment. Obey the police and do not resist arrest. Acting out is dangerous and will only hurt your case. If you have been charged with a crime in the East Tennessee area, contact a criminal defense attorney.

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