Tennessee Criminal Lawyer Blog

Tennessee speeding ticket defense attorneys know that receiving a traffic violation in East Tennessee can be frustrating, especially if you are not from this area. No one likes to be traveling away from home and receive an unfamiliar speeding ticket. The last thing vacationers want is a speeding ticket or moving violation! If you are from out-of-state, it seems convenient to simply pay the ticket, or just throw it away.

East Tennessee has two major interstates, I-40 and I75. These interstates seem to be constantly under construction. Tennessee speeding ticket attorneys know that the police love to give tickets in construction zones. The police heavily monitor these areas to protect road workers. Our lawyers know that many of these areas are not clearly marked. If you are unfamiliar with the roads, you may not have realized you were traveling in a construction zone. Although every state values citations differently, being cited in a construction zone typically accrues large points towards your driving record.

If you receive a speeding ticket or moving violation in the East Tennessee area, contact a Tennessee speeding ticket attorney. Our lawyers routinely help out-of-state clients with the following traffic problems:

• Speeding
• Construction zone violations
• DUI
• Driving on revoked
• Driving on suspended
• Move-Over Violations
• CDL tickets
• Log book violations

Our Speeding ticket attorneys know that if pay the fine, you are essentially pleading guilty to speeding. This can cause your insurance to go up, and can cause points on your license. If you throw the ticket away, your license may become suspended in your home state. If you are from out-of-state, we may be able to go to court on your behalf so you won’t half to. Contact a Tennessee speeding ticket attorney for more information. All initial consultations are free. Our attorneys work in the following counties: Sevier, Knox, Blount, Anderson, Loudon, Cocke, Anderson, Grainger, Jefferson, Greene, Sullivan, Roane, Washington, and Monroe.

Tennessee drug and narcotic defense attorneys have experience working with individuals who have been charged with drug offenses in the East Tennessee area, including those charged with drug possession, selling drugs, drug trafficking, or illegally obtaining prescription drugs. Our criminal defense attorneys know that any type of drug offense is taken seriously, especially if the offense occurred on or near school grounds.

It is important to realize that not all drug offenses are created equally under Tennessee law. If the offender violates TCA § 39-17-417 within 1,000 feet of a school zone, then the punishment will be enhanced upon a conviction. Tennessee lawmakers want to provide young people a positive learning environment without the distractions and dangers that are incident to the occurrence of illegal drug activities. Tenn. Code Ann. § 39-17-432 (a) (2008)

According to Tennessee law, a violation of § 39-17-417, or a conspiracy to violate the section, that occurs on the grounds or facilities of any school or within one thousand feet (1,000') of the real property that comprises a public or private elementary school, middle school, secondary school, preschool, child care agency, or public library, recreational center or park shall be punished one (1) classification higher than is provided in § 39-17-417(b)-(i) for such violation. Tenn. Code Ann. § 39-17-432 (b)(1) (2008)

Besides longer incarceration times, the maximum fines are stiff as well. A person convicted of violating the drug free school zone statute shall be subject to the following:

• Upon conviction of a Class E felony, a fine of not more than ten thousand dollars ($10,000);
• Upon conviction of a Class D felony, a fine of not more than twenty thousand dollars ($20,000);
• Upon conviction of a Class C felony, a fine of not more than forty thousand dollars ($40,000);
• Upon conviction of a Class B felony, a fine of not more than sixty thousand dollars ($60,000); and
• Upon conviction of a Class A felony, a fine of not more than one hundred thousand dollars ($100,000). Tenn. Code Ann. § 39-17-432 (b)(2) (2008)

If you or a loved one has been charged with a drug offense in the East Tennessee area, contact a Tennessee narcotic defense attorney. Our lawyers handle these types of cases in Knoxville, Sevierville, Newport, Morristown, Maryville, Loudon, and Gatlinburg. All initial consultations are free.

Tennessee criminal defense lawyers help clients charged with carjacking in the East Tennessee area. Carjacking closely resembles robbery under Tennessee law. There are three robbery offenses in Tennessee: robbery, aggravated robbery, and especially aggravated robbery. The robbery offenses and the resulting punishment are based upon the potential for harm or actual harm to the victim.

Under Tennessee law, "Carjacking" is the intentional or knowing taking of a motor vehicle from the possession of another by use of:

• A deadly weapon; or

• Force or intimidation

The General assembly in Tennessee wanted to distinguish carjacking from one of the three robbery offenses. First, the general assembly recognized that carjacking is usually committed in order to facilitate the perpetrator's flight from the scene of a prior crime. Next, the theft of the vehicle not only makes the perpetrator's escape more likely, but also puts the public at risk when the perpetrator flees. Ultimately, the theft of a vehicle deprives the victim of his or her freedom of movement. For these reasons, carjacking is taken seriously under Tennessee law, as it is a Class B felony. Class B felonies are punishable between eight and thirty years incarceration, and a fine up to twenty-five thousand dollars ($25,000).

If you or a loved one has been charged with robbery, carjacking, or any other crime under Tennessee law, contact a criminal defense attorney today. All initial consultations are free. Our criminal attorneys help client in East Tennessee including Knoxville, Sevierville, Gatlinburg, Pigeon Forge, Morristown, Maryville, Loudon, and Madisonville.

Tennessee criminal defense lawyers help individuals charged with crimes in the East Tennessee area. Our criminal defense attorneys work in the following areas: Knox County, Blount County, Sevier County, Cocke County, Anderson County, Johnson City, Bristol, and Morristown. If you have been charged with a crime, it is important to contact a Tennessee lawyer to discuss different strategies applicable in your case. All initial consultations are free.

A previous blog discussed the crime of carrying a weapon on school property under Tennessee law. The punishment under that statute depends largely on the offender’s intent. This blog discusses the defenses and exemptions to prosecution under that particular statute. There are certain affirmative defenses to a prosecution for unlawful possession of weapons on school property in Tennessee. The person’s behavior asserting the defense must be in strict compliance with the requirements of one of the following classifications:

• A person hunting during the lawful hunting season on lands owned by any public or private educational institution and designated as open to hunting by the administrator of the educational institution;

• A person possessing unloaded hunting weapons while transversing the grounds of any public or private educational institution for the purpose of gaining access to public or private lands open to hunting with the intent to hunt on the public or private lands unless the lands of the educational institution are posted prohibiting entry;

• A person possessing guns or knives when conducting or attending "gun and knife shows" and the program has been approved by the administrator of the educational institution; or

• A person entering the property for the sole purpose of delivering or picking up passengers and who does not remove, utilize or allow to be removed or utilized any weapon from the vehicle. Tenn. Code Ann. § 39-17-1310 (2008).

It is interesting to note that these defenses are based on hunting and approved gun and knife shows. Besides affirmative defenses, there are certain classes of individuals exempt from prosecution under the unlawful carrying of weapons on school property statute:

• Persons employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard when in discharge of their official duties and acting under orders requiring them to carry arms or weapons;

• Civil officers of the United States in the discharge of their official duties;

• Officers and soldiers of the militia and the national guard when called into actual service;

• Officers of the state, or of any county, city or town, charged with the enforcement of the laws of the state, when in the discharge of their official duties;

• Any pupils who are members of the reserve officers training corps or pupils enrolled in a course of instruction or members of a club or team, and who are required to carry arms or weapons in the discharge of their official class or team duties;

• Any private police employed by the administration or board of trustees of any public or private institution of higher education in the discharge of their duties; and

• Any registered security guard/officer who meets the requirements of title 62, chapter 35, and who is discharging the officer's official duties. Tenn. Code Ann. § 39-17-1309 (e) (2008)

If you have been charged with unlawful possession of weapons on school property, or any other crime in East Tennessee, contact a criminal defense attorney. One of our attorneys will be glad to discuss the merits of the government’s case against you.

Tennessee criminal defense attorneys know how important it is to keep our schools safe. Many schools throughout our country have been impacted from recent school shootings. These shootings seem to be increasing each year, and seem to get greater attention from news companies each time they occur. In Tennessee, it is against the law to have weapons on school property. The statute not only applies to students, but to everybody with some exceptions. The punishment for violating this largely depends on the accused intent.

According to Tennessee law, it is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any firearm, explosive, explosive weapon, bowie knife, hawk bill knife, ice pick, dagger, slingshot, leaded cane, switchblade knife, blackjack, knuckles or any other weapon of like kind, not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, used or operated by any board of education, school, college or university board of trustees, regents or directors for the administration of any public or private educational institution. Tenn. Code Ann. § 39-17-1309 (b)(1) (2008)

The definition of weapons here includes razors and razor blades, except those used solely for personal shaving, and any sharp pointed or edged instrument, except unaltered nail files and clips and tools used solely for preparation of food, instruction and maintenance. A violation of the above is a Class E felony.

It is also an offense under Tennessee law for any person to possess or carry, whether openly or concealed, any firearm, not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, used or operated by any board of education, school, college or university board of trustees, regents or directors for the administration of any public or private educational institution. It is not an offense here for a nonstudent adult to possess a firearm, if the firearm is contained within a private vehicle operated by the adult and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult, while the vehicle is on school property. Tenn. Code Ann. § 39-17-1309 (c)(1) (2008) A violation under this part is a Class B misdemeanor.

If you have been charged with carrying a weapon on school property, or any other criminal offense, contact a Tennessee criminal defense attorney. Our lawyers handle criminal issues in the East Tennessee area including Knoxville, Johnson City, Morristown, Newport, Maryville, Loudon, and Sevierville.

Tennessee criminal defense lawyers assist clients in East Tennessee charged with all types of charges, from traffic violations to complicated felonies like homicide. No two cases are the same, and each case has a unique set of facts associated with it. Depending on the circumstances, the court may defer proceedings against a qualified defendant. This is sometimes referred to as a "deferred plea" in Tennessee.

According to Tennessee law, the court may defer further proceedings against a qualified defendant and place the defendant on probation upon such reasonable conditions as it may require without entering a judgment of guilty and with the consent of the qualified defendant. The deferral shall be for a period of time not less than the period of the maximum sentence for the misdemeanor with which the person is charged, or not more than the period of the maximum sentence of the felony with which the person is charged. Tenn. Code Ann. § 40-35-313 (a)(1)(A) (2007)

Under Tennessee law, qualified defendant means a defendant who:

1) Is found guilty of or pleads guilty or nolo contendere to the offense for which deferral of further proceedings is sought;

2) Is not seeking deferral of further proceedings for a sexual offense, a violation of § 71-6-117 or § 71-6-119, or a Class A or Class B felony; and

3) Has not previously been convicted of a felony or a Class A misdemeanor.

Sexual offense under the judicial deferral statute means conduct that constitutes:

• Aggravated prostitution
• Aggravated rape
• Aggravated sexual battery
• Aggravated sexual exploitation of a minor
• Especially aggravated sexual exploitation of a minor
• Rape
• Rape of a child
• Sexual battery by an authority figure
• Sexual exploitation of a minor
• Statutory rape by an authority figure
• Attempt, solicitation, or conspiracy, to commit any of the above offenses

Upon violation of a condition of the probation, the court may enter an adjudication of guilt. If, during the period of probation, the person does not violate any of the conditions of the probation, then upon expiration of the period, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under the judicial deferral statute is without court adjudication of guilt. § 40-35-313 (2) (2007)

If you would like more information on deferred pleas, and whether it might be applicable in your case, contact a Tennessee criminal defense attorney. Our criminal defense lawyers help clients in Knoxville, Sevierville, Morristown, Madisonville, Johnson City, Newport, Maryville, Alcoa, Gatlinburg, Loudon, and Newport.

If you have been charged with sexual exploitation of a minor, or any other sex crime, contact a Tennessee criminal defense attorney. Our criminal defense lawyers handle sex crime cases throughout East Tennessee including Knoxville, Johnson City, Newport, Maryville, Loudon, Sevierville, Kingsport, Morristown, Bristol, Chattanooga, and Madisonville.

The internet can be used for an unlimited number of purposes, including crime. Although allegations of sexual exploitation of a minor are typically brought in connection with a computer, a computer is not necessary to bring this type of charge. There are actually three offenses relating to the sexual exploitation of a minor under Tennessee law: sexual exploitation of a minor, aggravated sexual exploitation of a minor, and especially aggravated sexual exploitation of a minor.

Under Tennessee law, it is unlawful for any person to knowingly possess material that includes a minor engaged in:

• Sexual activity; or

• Simulated sexual activity that is patently offensive. Tenn. Code Ann. § 39-17-1003 (2007).

It is important to define what constitutes sexual activity under the statute. "Sexual activity" means any of the following acts:

• Vaginal, anal or oral intercourse, whether done with another person or an animal;

• Masturbation, whether done alone or with another human or an animal;

• Patently offensive, as determined by contemporary community standards, physical contact with or touching of a person's clothed or unclothed genitals, pubic area, buttocks or breasts in an act of apparent sexual stimulation or sexual abuse;

• Sadomasochistic abuse, including flagellation, torture, physical restraint, domination or subordination by or upon a person for the purpose of sexual gratification of any person;

• The insertion of any part of a person's body or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure by a licensed professional;

• Patently offensive, as determined by contemporary community standards, conduct, representations, depictions or descriptions of excretory functions; or

• Lascivious exhibition of the female breast or the genitals, buttocks, anus or pubic or rectal area of any person. Tenn. Code Ann. § 39-17-1002 (8)(2007).

It is important to realize that a person possessing material that violates the sexual exploitation of a minor statute may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. This means that if you have fifty prohibited images in your possession, you could be charged up to fifty times.

The trier of fact may consider the title, text, visual representation, internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly possessed the prohibited material.

The trier of fact may also consider the title, text, visual representation, internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether the material or image otherwise represents or depicts that a participant is a minor.

A violation of the sexual exploitation of a minor statute is a Class D felony. If the number of individual images, materials, or combination of images and materials that are possessed is more than fifty, then the offense shall be elevated to a Class C felony. If the number of individual images, materials, or combination of images and materials, exceeds one hundred, the offense shall be a Class B felony. The consequences of any sex crime conviction are serious. If convicted, you can expect serious jail time, fines, registration as a sex offender, and public embarrassment. Contact a sex crime attorney immediately if you are charged with sexual exploitation of a minor.

Tennessee narcotic lawyers have the experience necessary to help you understand the complex legal issues that surround your drug case. Our criminal defense attorneys fully investigate the particular circumstances of each and every case. Our attorneys have dealt with many types of narcotics, including cocaine charges. Cocaine is a powerful stimulant that negatively affects the brain. It is highly addictive and easily abused. Cocaine became extremely popular during the 1980s and '90s, and remains highly used today.

Cocaine is typically sold as a fine, white, crystalline powder. There are many street names for cocaine such as "coke," "C," "snow," "flake," or "blow." Often times, street dealers dilute cocaine with inert substances like cornstarch, talcum powder, sugar, and other drugs or stimulants.

Cocaine is considered to be a Schedule II controlled substance under Tennessee law. It is an offense for someone to knowingly:

(1) Manufacture cocaine;

(2) Deliver cocaine;

(3) Sell cocaine; or

(4) Possess cocaine with intent to manufacture, deliver or sell cocaine.

The penalties for cocaine violations are severe. The penalty depends upon the amount of cocaine involved in the offense. If you violate the above, and the amount of cocaine involved is point five (.5) grams or more of any substance containing cocaine, then the violation is a Class B felony. Tenn. Code Ann. § 39-17-417 (c)(1) (2007). Class B felonies are punishable between eight and thirty years incarceration. In addition, you could be fined up to one hundred thousand dollars ($100,000).

If you violate the above, and the amount of cocaine involved is point five (.5) grams or less of any substance containing cocaine, then the violation is a Class C felony. Tenn. Code Ann. § 39-17-417 (c)(2)(a) (2007). Class C felonies are punishable between three and fifteen years incarceration. The maximum fine remains at one hundred thousand dollars ($100,000).

If the offense involves less than point five (.5) grams of cocaine, but the defendant carried or employed a deadly weapon or the offense resulted in death or bodily injury to another person, the offense is a Class B felony. If you have been charges with the manufacture, delivery, selling, or possession of cocaine, contact a Tennessee narcotics attorney. Our lawyers handle drug cases in the East Tennessee area including Sevierville, Knoxville, Newport, Maryville, Loudon, Morristown, and Johnson City.

Tennessee sex crime lawyers help individuals accused of various sex crimes in the East Tennessee area. Many times, allegations that you have committed a sex crime will turn your life into chaos. You could lose your job, family, and even freedom. Don’t let false allegations destroy your life. If you have been accused of committing a sex crime, contact a Tennessee sex offense attorney. Our sex crime lawyers help clients in Knoxville, Sevierville, Newport, Maryville, Johnson City, Bristol, Chattanooga, Morristown, and Loudon.

Aggravated sexual battery is one of the more serious sex crimes. There are four ways to commit aggravated sexual battery under Tennessee law. According to Tennessee law, aggravated 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 and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
• The defendant causes bodily injury to the victim;
• The defendant is aided or abetted by one (1) or more other persons; and
(A) Force or coercion is used to accomplish the act; or
(B) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
• The victim is less than thirteen (13) years of age. Tenn. Code Ann. § 39-13-504 (2007).

The consequences for a conviction of aggravated sexual battery are severe. Aggravated sexual battery is a Class B felony under Tennessee law. Class B felonies are punishable between eight and thirty years incarceration. In addition, the jury may assess a fine up to twenty-five thousand dollars ($25,000). Tenn. Code Ann. § 40-35-111 (2007). Besides large fines and long periods of confinement, you are subject to Tennessee’s sexual offender registry if you are convicted of aggravated sexual battery. If you are charged with aggravated sexual battery, or any other sex crime under Tennessee law, contact a sex crime attorney today for a free consultation.

Tennessee sex crime attorneys know that sex crime cases in Tennessee can be challenging. The stigma associated with any sex crime arrest requires the attorney to work diligently for a timely resolution. A previous blog discussed the crime of statutory rape in Tennessee. This blog discusses mitigated and aggravated statutory rape.

Statutory rape is divided into three categories in Tennessee: statutory rape, mitigated statutory rape, and aggravated statutory rape. Variances between the victim’s age and the defendant’s age are the differences between these crimes. If the difference in the age is small enough, the defendant may be charged with mitigated statutory rape. According to Tennessee law, Mitigated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim when the victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is at least four (4) but not more than five (5) years older than the victim. Tenn. Code Ann. § 39-13-506 (2007). Mitigated statutory rape is a Class E felony. Class E felonies are punishable by one to six years incarceration and a fine up to three thousand dollars ($3,000). Tenn. Code Ann. § 40-35-111 (2007).

If the difference in the age is large enough, the defendant may be charged with aggravated statutory rape. Aggravated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim when the victim is at least thirteen (13) but less than eighteen (18) years of age and the defendant is at least ten (10) years older than the victim. Tenn. Code Ann. § 39-13-506 (2007) Aggravated statutory rape is a Class D felony. Class D felonies are punishable by two to twelve years incarceration and a fine up to five thousand dollars ($5,000). Tenn. Code Ann. § 40-35-111 (2007).

If you have been charged with sexual misconduct, sexual battery, sexual battery by an authority figure, aggravated sexual battery, rape, statutory rape, aggravated statutory rape, or any other sex crime in Tennessee, contact a Tennessee sex crime attorney. Our sex crime attorneys will evaluate your case, and discuss your legal options.

Tennessee criminal defense lawyers can assist you if you are charged with making false reports in Tennessee. Typically, a charge of false reports will accompany some other charge, and can happen in an indefinite number of different situations. The offense is considered to be a crime of dishonesty. Any crime of dishonesty has the potential to follow the offender in an adverse manner for the rest of his or her life.

The state treats false reports seriously. Most district attorney offices and police departments are extremely busy, and every resource is utilized to the fullest extent. To a large degree, these branches operate reactively instead of proactively due to the high volume of cases dealt with. When these branches waste resources due to false reports, it takes time and attention away from battling real crimes.

A person can be prosecuted for false reports under three different theories under Tennessee law. In Tennessee, it is unlawful for any person to:

• Initiate a report or statement to a law enforcement officer concerning an offense or incident within the officer's concern knowing that: 1) the offense or incident reported did not occur; 2) the person has no information relating to the offense or incident reported; or 3) the information relating to the offense reported is false; or

• Make a report or statement in response to a legitimate inquiry by a law enforcement officer concerning a material fact about an offense or incident within the officer's concern, knowing that the report or statement is false and with the intent to obstruct or hinder the officer from: 1) preventing the offense or incident from occurring or continuing to occur; or 2) apprehending or locating another person suspected of committing an offense; or

• Intentionally initiate or circulate a report of a past, present, or impending bombing, fire or other emergency, knowing that the report is false or baseless and knowing: 1) it will cause action of any sort by an official or volunteer agency organized to deal with those emergencies; 2) it will place a person in fear of imminent serious bodily injury; or 3) it will prevent or interrupt the occupation of any building, place of assembly, form of conveyance, or any other place to which the public has access. Tenn. Code Ann. § 39-16-502 (2008).

The penalties for false reports in Tennessee are substantial. A violation under the first two bullets above is a Class D felony. A violation of the last bullet above is a Class C felony. If you are charge with false reports, contact a Tennessee criminal defense attorney. Our office handles false reports and other crimes in Knoxville, Johnson City, Sevierville, Morristown, Maryville, Alcoa, Newport, and Loudon.