June 23, 2008

Vehicular Assault - Tennessee Law

Tennessee DUI attorneys understand that getting charged with DUI is a difficult experience. If you drive a company vehicle for a living, your job could be in jeopardy. A DUI charge can be embarrassing and your reputation with your friends, family, and community may be negatively impacted. A DUI charge can also be expensive with the attorney fees and court costs.
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Often times, the same people are in and out of the criminal justice system. What seems to separate DUI charges from a lot of the other criminal charges is that anyone can be charged with a DUI. Many times, the person charged with DUI lives a normal life with a full time job or school and simply makes a mistake. He or she is not engaged in daily criminal activities.

Vehicular assault in Tennessee is a crime that arises from a DUI. According to Tennessee law, a person commits vehicular assault who, as the proximate result of the person’s intoxication, recklessly causes serious bodily injury to another person by the operation of a motor vehicle. Tenn. Code Ann. § 39-13-106 (2007). Vehicular assault is a Class D felony in the state of Tennessee.

A person can not be charged with both DUI and vehicular assault in the state of Tennessee from the same occurrence because DUI is a lesser included offense of vehicular assault. If convicted of vehicular assault, the accused faces not only incarceration time, but loss of driving privileges as well.

Upon the conviction of a person for the first offense of vehicular assault, the court shall prohibit the convicted person from driving a vehicle in Tennessee for a period of one year. For the second such conviction, the court shall prohibit the convicted person from driving a vehicle in Tennessee for a period of two years. For the third such conviction, the court shall prohibit the convicted person from driving a vehicle in Tennessee for a period of three years. For fourth and subsequent convictions, the court shall prohibit the person from driving a vehicle in Tennessee for a period of five years. Tenn. Code Ann. § 39-13-106 (2007).

If you are charged with DUI or vehicular assault in Tennessee, contact a Tennessee criminal defense lawyer. It is important that these charges be handled in a competent and diligent manner. Often times, the punishment on these charges are exponentially harsher on the second offense, so make sure you are well represented on the first charge. Our office handles DUI and other criminal matters in the Knoxville, Gatlinburg, Pigeon Forge, Sevierville, Johnson City, and Chattanooga areas.

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June 20, 2008

Knoxville Traffic Lawyers Can Help

Tennessee traffic citation attorneys understand how important a good driving record can be. A speeding ticket or moving traffic violation causes headaches for you no matter who you are, and no matter what your financial situation. If you are cited with speeding, contact a Tennessee traffic lawyer.
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All states have different rules pertaining to how a speeding ticket affects your driving record. The Tennessee Department of Safety established The Driver Improvement Section to monitor the driving records of Tennessee drivers. Adult drivers start out with twelve points on their license. If a Tennessee driver accumulates twelve or more points on his driving record within any one-year period, then his or her license is subject to suspension.

Tickets issued in other states may affect your driving record in your home state depending upon the circumstances. If you believe that a citation you received in East Tennessee will hurt your driving record in your home state, contact a Tennessee traffic attorney.

Tennessee traffic attorneys help fight to keep your drivers license clean and legal. We have helped clients from all over the country resolve their traffic problems. Our firm handles traffic citations in Knoxville, Loudon, Newport, Sevierville, Maryville, and Jefferson County.

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June 19, 2008

Tennessee Defense Lawyers Assist Clients Attending Bonnaroo

Tennessee criminal defense lawyers hope that everyone who attended Bonnaroo this past weekend had a safe and enjoyable trip. Bonnaroo is a huge music and arts festival that brings top performers in rock and roll, along with dozens of artists in styles such as jazz, Americana, and hip-hop. The 2008 Bonnaroo music festival included top contemporary musicians such as Pearl Jam, Widespread Panic, Jack Johnson, Willie Nelson, B.B. King, and Metallica. The Bonnaroo festival was held June 12, 2008 through June 15, 2008 on a large farm in Manchester, Tennessee. Manchester is located about sixty miles southeast of Nashville.
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Tennessee criminal law attorneys know that police attention elevates on Bonnaroo weekends, and this year was no different. People come to Bonnaroo from all parts of the country, and most drive to Bonnaroo. State, county, and local police charge many people with alcohol-related offenses like DUI and many drug offenses involving marijuana, cocaine, ecstasy, methamphetamine, mushrooms, and LSD from events surrounding Bonnaroo. Our criminal defense attorneys help adults and juveniles charged with:

DUI;
HMVO Violations;
Implied Consent;
Underage Consumption;
Underage Possession;
Underage Driving While Impaired;
Simple Possession;
Possession of Drug Paraphernalia;
Felony Drug Possession;
Felony Drug Sale; and
Felony Drug Delivery;

If you or a loved one has been charged with a crime, contact one of our criminal defense attorneys in Knoxville or Sevierville. Our criminal defense attorneys have helped people charged with a variety of criminal offenses, from traffic citations to complicated felonies like homicide. All initial consultations are free, Our criminal lawyers work throughout East Tennessee including Knoxville, Sevierville, Johnson City, Maryville, Newport, Jefferson City, and Gatlinburg.

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June 13, 2008

Observation Without Consent - Tennessee Criminal Law

Our Tennessee criminal attorneys understand that any charge associated with unlawful observation can have long-lasting effects on you and your family. It’s very important to find an experienced Tennessee criminal attorney to protect your rights. Our Tennessee criminal attorneys will conduct a thorough investigation of your case and actively pursue the best possible resolution for you and your family.
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According to Tennessee law, it is an offense for a person to knowingly spy upon, observe or otherwise view an individual, when the individual is in a place where there is a reasonable expectation of privacy, without the prior effective consent of the individual, if the viewing:

• Would offend or embarrass an ordinary person if the person knew the person was being viewed; and
• Was for the purpose of sexual arousal or gratification of the defendant. Tenn. Code Ann. § 39-13-607 (2007).

It is never a defense to observation without consent that you were lawfully on the premises where the observation occurred. It is important to note that a reasonable expectation of privacy must exist for someone to be convicted under the unlawful observation statute. This is an important distinction from the stalking statute, which does not have this requirement.

A violation of the observation without consent statute is a Class A misdemeanor. If you or someone you know is charged with observation without consent under Tennessee Law, contact a Tennessee criminal defense lawyer. Our lawyers have much experience handling these types of cases and understand the process that is required to vigorously defend these types of charges.

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June 9, 2008

Criminal Vandalism in Tennessee

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.

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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.

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