Tennessee Criminal Lawyer Blog

Tennessee criminal defense lawyers help clients with criminal charges in Knoxville, Sevierville, Pigeon Forge, Gatlinburg, Morristown, Maryville, Johnson City, and Chattanooga. The crime of resisting arrest occurs where a person intentionally prevents or obstructs a law enforcement officer from arresting any person by using force against the officer or another.

According to Tennessee law, it is an offense for a person to intentionally prevent or obstruct anyone known to the person to be a law enforcement officer, or anyone acting in a law enforcement officer's presence and at the officer's direction, from effecting a stop, frisk, halt, arrest or search of any person, including the defendant, by using force against the law enforcement officer or another. Tenn. Code Ann. § 39-16-602 (2007).

Although the fleeing suspect may be charged with resisting arrest, he or she still has certain constitutional rights that must be not be violated. An unarmed fleeing suspect has a constitutional right not to be apprehended by the use of deadly force unless there is probable cause to believe that the suspect poses a threat of serious physical injury either to the officer or to others. When an arrestee is resisting arrest for a mere misdemeanor, a police officer is not privileged to use a weapon in such a way as to create a high degree of probability of serious injury to the arrestee, when other avenues are available to effect the arrest while maintaining his own personal safety and that of others present. It is typically not a defense in Tennessee that the stop, frisk, halt, arrest or search was unlawful.

A violation of this section is a Class B misdemeanor. A Class B misdemeanor in Tennessee carries a maximum of six months imprisonment, or a maximum fine of five hundred dollars, or both. If the defendant uses a deadly weapon to resist the stop, frisk, halt, arrest, search or process server, the violation is a Class A misdemeanor. A Class A misdemeanor is punishable by a maximum of eleven months, twenty-nine days imprisonment or a fine not to exceed two thousand five hundred dollars, or both. If you are charged with resisting arrest in Tennessee, or any other crime, contact a criminal defense attorney.

Tennessee criminal defense lawyers know that solicitation of a minor, especially when the solicitation is online, is heavily investigated and targeted both by federal and state law enforcement agencies. Men typically instigate the inappropriate contact with another, although females are certainly subject to prosecution.

Under Tennessee law, the contacted person may be either real or a decoy. The word solicitation is synonymous with the word ask, so the offense is committed whether or not the solicited act is followed through or not. In other words, it is no defense that the solicitation was unsuccessful or that the conduct solicited was not engaged in. Liability lies when the question is asked with the appropriate level of intent.

According to Tennessee law, it is an offense for a person eighteen years of age or older, by means of oral, written or electronic communication, electronic mail or Internet services, directly or through another, to intentionally command, request, hire, persuade, invite or attempt to induce a person whom the person making the solicitation knows, or should know, is less than eighteen years of age, or solicits a law enforcement officer posing as a minor, and whom the person making the solicitation reasonably believes to be less than eighteen years of age, to engage in conduct that, if completed, would constitute:

(1) Rape of a child;

(2) Aggravated rape;

(3) Rape;

(4) Aggravated sexual battery;

(5) Sexual battery by an authority figure;

(6) Sexual battery;

(7) Statutory rape;

(8) Especially aggravated sexual exploitation of a minor; or

(9) Sexual activity involving a minor. Tenn. Code Ann. § 39-13-528 (2007).

The punishment for solicitation of a minor depends upon the classification of the crime solicited. Solicitation of a minor constitutes an offense one classification lower than the most serious crime solicited. If you have been accused of solicitation of a minor in Tennessee, contact a sex offense attorney. Your first meeting to discuss your options is free. Our sex offense lawyers handle sex offense cases across East Tennessee including Knoxville, Johnson City, Loudon, Alcoa, Maryville, Chattanooga, Sevierville, Morristown, and Newport.

Tennessee sex crime attorneys defend people charged with sex crimes in a respectful and confidential manner. Given the public stigma attached to a sex crime, it seems like people are often presumed to be guilty. Prosecutors sometimes charge a person with a sex crime with little or no factual evidence.

If you are charged with a sex crime in Tennessee, protect your rights by contacting a sex crime lawyer for a free initial consultation. Many times, these charges come down to circumstantial evidence. Our firm handles sex crimes cases including charges of:

• Rape
• Statutory Rape
• Sexual Battery
• Indecent Exposure
• Exploitation of a Minor by Electronic means

False accusations of any sex crime will cause a disaster in your life. When facing such allegations, you need an attorney to defend you aggressively. Given the fact that you may face time in prison and a long-lasting societal stigma, it is important to know that your lawyer will work diligently for you.

You deserve an aggressive advocate who is on your side. Call for a free initial consultation with an experienced lawyer about your case. Tennessee criminal defense lawyers handle sex crime cases in Knoxville, Sevierville, Nashville, Chattanooga, Johnson City, Morristown, Newport, Alcoa, Loudon, Gatlinburg, and Maryville.

Knoxville DUI attorneys are dedicated to fighting DUI cases. Our East Tennessee DUI lawyers are trained and educated in the different aspects of DUI defense. Our office maintains high standards of continuing education to bring our clients up-to-date scientific knowledge and legal skills to defend DUI cases all across East Tennessee. The preservation of your rights is important.

Underage Driving While Impaired is an offense in Tennessee that closely resembles DUI. Under Tennessee law, a person age sixteen or over but under age twenty-one may not drive or be in physical control of an automobile or other motor driven vehicle while:

• The alcohol concentration in the person's blood is more than two hundredths of one percent;
• Under the influence of alcohol;
• Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or
• Under the combined influence of alcohol and any other drug to a degree which makes the person's driving ability impaired. Tenn. Code Ann. § 55-10-415 (2007).

It is usually not a defense to Underage Driving While Impaired that the individual under the influence of narcotic drugs or barbital drugs is or has been entitled to use such drugs under the laws of this state.

It is important to realize that the penalties for Underage Driving While Impaired and DUI are different. The offense of underage driving while impaired for a person age eighteen or over but under age twenty-one is a Class A misdemeanor punishable only by a driver license suspension of one year and by a fine of two hundred fifty dollars. As additional punishment, the court may impose public service work.

Underage Driving While Impaired for a person age sixteen or over but under the age of eighteen is considered to be a delinquent act. This is punishable only by a driver license suspension of one year and by a fine of two hundred fifty dollars. As additional punishment, the court may impose public service work.

If you or a loved one has been charged with Underage Driving While Impaired or DUI in the East Tennessee area, contact a Knoxville DUI lawyer. A Knoxville DUI attorney will discuss the legal aspects applicable in your case.

Tennessee traffic attorneys provide the aggressive representation you need to win your case. Our firm handles traffic-related matters including speeding ticket defense and other moving violations. If you have received a speeding ticket in Sevier County, Knox County, Blount County, Hamblen County, Cocke, County, Grainger County, McMinn County, Roane County, or Greene County, contact a Tennessee traffic lawyer.

A simple traffic citation can have significant consequences. You want to protect your rights, but suppose you can't make the court date and you don't know what to do. Tennessee Traffic attorneys have been helping drivers with commercial driver's licenses (CDL’s) and standard driver's licenses fight traffic tickets in the East Tennessee area. We provide representation in the following areas:

• CDL and Trucker Violations: Your livelihood depends on your ability to drive. Don't let a traffic violation lead to a suspended license.
• Speeding Tickets: If you simply pay the fine, you are essentially pleading guilty and will be subject to future headaches. Your insurance may skyrocket while your employability diminishes.
• Traffic Warrants: Contact an attorney before you get arrested during a warrant roundup.
• Out-of-State Drivers: Our firm frequently represents out-of-state drivers who were pulled over in Tennessee, and those who are unable to represent themselves.
• What to Expect in Court: Our firm can help you through every step of the traffic violation proceedings, so you understand your options.
• Non-Traffic Violations: If you have been ticketed for additional misdemeanor offenses, such as possession of drug paraphernalia, reckless driving, driving on a suspended license, driving on a revoked license, or other related offenses, we can help.

Tennessee traffic citation lawyers help you fight to keep your license and keep your insurance rates down. Our attorneys understand the challenges you face and the options you have available. We may be able to appear in court on your behalf, so you don't have to. Contact our firm today for a free initial consultation about your particular citation. Our firm handles traffic offenses in Knoxville, Sevierville, Gatlinburg, Pigeon Forge, Maryville, Newport, Loudon, and Morristown.

Tennessee sex offense lawyers know that allegations of child molestation, indecent exposure, rape, sexual battery, solicitation of prostitution, or any other type of criminal sexual misconduct can result in a lifelong stigma and great losses to a person’s career, family, and reputation. Sex offenses include a myriad of criminal sexual behaviors, ranging from prostitution to rape. If you or someone you know has been charged with committing a sex offense, it is very important to contact a criminal defense attorney.

According to Tennessee law, 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;
• The sexual contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent;
• The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
• The sexual contact is accomplished by fraud. Tenn. Code Ann. § 39-13-505 (2007).

Coercion means the threat of kidnapping, extortion, force or violence to be performed immediately or in the future. Sexual battery is a Class E felony.

Being charged with a sex offense can lead to very serious consequences including jail time, probation, parole, significant fines, registration requirements, loss of the right to vote or own a weapon, and being shunned by society. If you are accused with sexual battery, or any other sex offense, you should speak to an attorney immediately to learn more about your rights, the defenses available, and the legal system. Our criminal defense attorneys handle sex offense cases across East Tennessee including Knoxville, Johnson City, Bristol, Chattanooga, Morristown, Sevierville, Greenville, Loudon, Maryville, and Newport.

Tennessee homicide defense attorneys have extensive experience handling homicide defense cases. The ultimate goal of a Tennessee criminal defense attorney is to protect the rights of clients and attain their freedom. Tennessee homicide attorneys are committed to using their knowledge, skill, and experience to secure the best possible results for our clients. If you or a loved one has been charged with homicide, contact our office for a free consultation.

People can be charged with homicide for an intentional killing, such as murder, manslaughter arising out of reckless conduct, or for a death that resulted from a negligent act. If you are charged with homicide in the state of Tennessee, you could face life in prison or even the death penalty. With so much depending on the outcome of your case, it is imperative that you have an attorney experienced in handling Tennessee murder and manslaughter cases.

Many people who are convicted of murder or homicide are convicted because of a confession. Unfortunately, these individuals do not ask for an attorney during the investigation. Sometimes, the accused is persuaded by the police that he or she does not need a lawyer, and are ultimately coerced into the confession. Our manslaughter and homicide defense lawyers work diligently to represent the client, including:

• analyzing the police techniques
• investigating the confession

Tennessee homicide attorneys work to ascertain if the confession was a true confession or if the confession was indeed coerced. Tennessee homicide lawyers are experienced knowing how to detect signs of unconstitutional police misuse or abuse. Additionally, we have the resources available to psychologically analyze the confession for coercion and can have experts brought in to analyze and determine the true cause of death.

Our Tennessee murder and manslaughter defense attorneys represent clients throughout Tennessee, including Knox County, Sevier County, Cocke County, Blount County, and the cities of Bristol, Chattanooga, Johnson City, and Nashville.

If you’re facing Tennessee theft charges, from shoplifting to corporate theft, contact a Tennessee theft defense lawyer. Tennessee theft lawyers are experienced at defending people accused of misdemeanor and felony theft crimes in Tennessee.

Shoplifting and stealing cars are common crimes committed in Tennessee. Shoplifting and theft crimes can be charged as misdemeanors or felonies, depending upon the value of the stolen item. If you've been charged with a theft crime, even a relatively minor crime, the consequences of that charge can affect your life for a long time.

If you’re a licensed professional, a shoplifting conviction could cause your license to be denied. It could prevent you from finding work. Employers do not prefer hiring employees that they can’t trust.

Contact a Tennessee theft defense lawyer to discuss charges of:

• Theft
• Bad checks
• Shoplifting
• Burglary
• Robbery
• Receiving stolen property
• Fraud
• Embezzlement

A Tennessee defense attorney will work to minimize the long-term consequences of your theft charge. Our Theft attorneys work in the East Tennessee area, including Knoxville, Sevierville, Gatlinburg, Maryville, and Newport.

Tennessee speeding ticket lawyers know that most people who have been charged with a traffic violation simply pay the fine. These individuals move forward with their lives, not knowing the full impact of paying the speeding ticket or other traffic violation. Whenever you pay a speeding ticket or other traffic violation, you are essentially pleading guilty to the offense. This may hurt your driving record, insurance rates, and ultimately your wallet.

If you drive a company vehicle, your employer may become nervous about lending you the company car. If you dive commercially for a living, a speeding ticket can be devastating. CDL holders should be aware that your license is subject to suspension for sixty days following a conviction of two serious traffic violations within a three year period while driving a Commercial Motor Vehicle. The federal government has really cracked down on commercial drivers, and many people lose their jobs after two serious violations.

If you contact a Tennessee speeding ticket attorney, we may be able to help you keep your ticket off of your record. No lawyer can guarantee results. However, we have successfully defended many commercial and noncommercial drivers charged with the following traffic violations:

• Speeding
• Following Too Closely
• Improper Lane Change
• Disregarding Stop Sign
• Tennessee’s “Move-Over” Violations
• Reckless Driving
• Driving on Suspended
• Driving on Revoked
• DUI
• Implied Consent
• CDL Violations
• Juvenile Traffic Defense

If you have been charged with speeding, or any other moving violation in the East Tennessee area, contact a traffic attorney. All initial consultations are free. If you are not from the East Tennessee area, we may be able to go to court on your behalf so that you won’t have to. Our traffic lawyers work in the following cities: Knoxville, Sevierville, Newport, Dandridge, Morristown, Maryville, Loudon, Alcoa, Johnson City, Madisonville, Gatlinburg, Pigeon Forge, and Bristol.

Criminal attorneys in Tennessee understand that a conviction for any theft-related offense will have serious consequences beyond jail and restitution. Criminal simulation in Tennessee closely resembles the offense of theft. Any conviction of theft or criminal simulation will adversely affect your family, and damage your reputation within the community. Since these crimes are considered to be crimes of dishonesty, a conviction will negatively affect your career, ability to get a job, and capacity to obtain or maintain a professional license. According to Tennessee law, a person commits the offense of criminal simulation who with intent to defraud or harm another:

• Makes or alters an object, in whole or in part, so that it appears to have value because of age, antiquity, rarity, source, or authorship that it does not have;
• Possesses an object so made or altered, with intent to sell, pass, or otherwise utter it; or
• Authenticates or certifies an object so made or altered as genuine or as different from what it is; or

A person also commits the offense of criminal simulation who with intent to sell, cause to be sold, or to be used for profit through public performance, and without consent of the owner of the master recording:

• Knowingly transfers, by any means, any sounds or images recorded on a phonograph record, disc, wire, tape, film or other recording article to another such recording article;
• Knowingly manufactures, distributes, or wholesales any sounds or images recorded on a phonograph record, disc, wire, tape, film or other recording article to another such recording article; or
• Knowingly retails any sounds or images recorded on a phonograph record, disc, wire, tape, film or other recording article to another such recording article. Tenn. Code Ann. § 39-14-115 (2007).

A person possessing, with knowledge of its character:

• Any machinery, plates, or other contrivances designed to produce instruments reporting to be credit or debit cards of an issuer who had not consented to the preparation of such cards; or
• Any instrument, apparatus, or contrivance designed, adapted or used for commission of any theft of property or services by fraudulent means; commits criminal simulation. Tenn. Code Ann. § 39-14-115 (2007).

Criminal simulation is punishable as theft, but shall always be at a minimum a class E felony. If you are charged with theft or criminal simulation in Tennessee, contact a criminal defense attorney. Our lawyers handle these charges in Johnson City, Knoxville, Newport, Sevierville, Maryville, Morristown, and Bristol.

Tennessee criminal defense attorneys can help you if you are charged with criminal impersonation. Our offices in Sevierville and Knoxville have represented clients with these types of charges throughout East Tennessee including Knoxville, Sevierville, Morristown, Johnson City, and Maryville.

Under Tennessee law, a person commits criminal impersonation who, with intent to injure or defraud another person:

• Assumes a false identity;
• Pretends to be a representative of some person or organization;
• Pretends to be an officer or employee of the government; or
• Pretends to have a handicap or disability.

The important words in the criminal impersonation statute are injure and defraud. If you dress like a police officer in the spirit of Halloween, the behavior does not constitute criminal impersonation. If you dress up like a police officer in order to injure or defraud another, the behavior does constitute criminal impersonation.

Criminal impersonation under the above is a Class B misdemeanor. A Class B misdemeanor in Tennessee carries a maximum of six months imprisonment, or a maximum fine of five hundred dollars, or both. If the criminal impersonation was committed to falsely obtain a driver license or photo identification license, the maximum fine of five hundred dollars must be imposed by the court. Tenn. Code Ann. § 40-35-111.

The state may prosecute for this offense via a second definition under the criminal impersonation statute. A person commits criminal impersonation who pretends to be a law enforcement officer for the purpose of:

• Engaging in an activity that is ordinarily and customarily an activity established by law as a law enforcement activity; and
• Causing another to believe that the person is a law enforcement officer. Tenn. Code Ann. § 40-35-111.

This form of criminal impersonation is more serious in terms of criminal culpability. Criminal impersonation here is a Class A misdemeanor. A Class A misdemeanor is punishable by a maximum of eleven months, twenty-nine days imprisonment or a fine not to exceed two thousand five hundred dollars, or both. If you have been charged with criminal impersonation in Tennessee, contact a criminal defense lawyer. A criminal defense lawyer will explain your rights and discuss the procedural avenues applicable to your case.

Tennessee Juvenile Attorneys understand that children sometimes use poor judgment and make youthful mistakes. When a young person is charged with delinquency, it is a painful for everyone. Moms, dads, aunts, uncles, older brothers and sisters must experience the difficult process alongside the the young individual.

There is often fear that prosecutors will not treat the young person fairly. There is also fear that the prosecutors will not treat the child as a child. Tennessee juvenile crime lawyers protect the rights and freedom of young people. Tennessee attorneys negotiate with the appropriate authorities to try to prevent the child from being treated as an adult.

At every stage of the case, Tennessee criminal lawyers aggressively and compassionately represent young clients. We understand that mistakes are a part of growing into adulthood, and that no one is perfect.

If a young person in your family has been charged with or is being investigated for a juvenile crime, please contact us. Our juvenile attorneys can help your loved one in the East Tennessee area including Sevierville, Knoxville, Alcoa, Pigeon Forge, Gatlinburg, Neport, Jefferson County, and Maryville

Tennessee Traffic citation lawyers help with all types of driver license problems. It is important for drivers to realize that they should be insured when driving. If not, you could be cited for violating Tennessee’s financial responsibility law under certain circumstances. The purpose of the law is to promote safety and to protect innocent members of the public from the negligence of motorists on the roads and highways.

Drivers in Tennessee involved in certain accidents regardless of fault, or cited with a moving violation within the terms of the statute, are required to show financial responsibility. According to Tennessee law, financial responsibility means:

• Documentation, such as the declaration page of an insurance policy, an insurance binder, or an insurance card from an insurance company authorized to do business in Tennessee, stating that a policy of insurance meeting the requirements of the Tennessee Financial Responsibility Law of 1977 has been issued; or
• A certificate, valid for one year, issued by the commissioner of safety, stating that a cash deposit or bond in the amount required by the Tennessee Financial Responsibility Law of 1977 has been paid or filed with the commissioner, or has qualified as a self-insurer under Tenn. Code Ann. § 55-12-111; or
• The motor vehicle being operated at the time of the violation was owned by a carrier subject to the jurisdiction of the department of safety or the interstate commerce commission, or was owned by the United States, this state or any political subdivision thereof, and that such motor vehicle was being operated with the owner's consent. Tenn. Code Ann. § 55-12-139.

A violation of the financial responsibility law in Tennessee is a Class C misdemeanor and could result in the suspension of your license. If you are cited with financial responsibility, contact a Tennessee Traffic citation lawyer. Tennessee traffic citation attorneys handle speeding tickets and other moving violations in the Knoxville, Sevierville, Dandridge, Newport, Maryville and Pigeon Forge areas.

Tennessee Traffic Attorneys know that on June 26, 2008, the Tennessee Highway Patrol kicked off the campaign known as “100 Days of Summer H.E.A.T.” H.E.A.T. actually stands for “Highway Enforcement of Aggressive Traffic.” If you believe that you are seeing more Trooper activity on Tennessee’s roadways this summer, you are correct. The Governor’s Highway Safety Office received a grant that allows nearly 500 overtime hours to be spent monitoring alcohol-related offenses, speeding, and seat belt violations – three major causes of vehicle-related fatalities.

It is important for motorists to be aware of this aggressive campaign. Troopers across the state will be handing out an increased number of traffic citations – which can lighten your wallet and put points on your driving record. If you receive a speeding ticket or other traffic citation this summer, contact a Tennessee Traffic Lawyer. Our traffic lawyers can explain your options and the implications of simply paying the fine. If you are charged with an alcohol-related offense or serious traffic violation, you could be facing jail time and loss of your driving license among other penalties. Tennessee Traffic Attorney’s handle:

DUI;
Implied Consent Violations;
Speeding Tickets;
Move Over Violations;
Commercial Driving Infractions;
Reckless Driving;
Failure to Stop;
Failure to Yield;
Evading Arrest; and
Driving While Revoked; Suspended; or Cancelled;

If you are from nearby states like North Carolina, our Traffic Attorneys may be able to go to court on your behalf. This saves you the expense of traveling back to Tennessee and possibly taking a day off work. Contact a Tennessee Traffic Lawyer for a free consultation. Our firm has offices in Knoxville and Sevierville. We have successfully defended clients in Cocke County, Knox County, Sevier County, Hamblen County, Jefferson County, Blount County, Greene County, and Washington County.