Tennessee Criminal Lawyer Blog

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.

Knoxville harassment lawyers have defended many clients throughout the East Tennessee area. Although the basis of the harassment charge might be sexual in nature, harassment charges may be brought against many types of behavior. The criminal law dealing with harassment was recently amended in 2001 in Tennessee. It penalizes harassing or threatening telephone calls or written communications. Prior law was similar, but dealt only with telephone calls. According to Tennessee law, A person commits harassment who intentionally:

• Threatens, by telephone, in writing, or by electronic communication, including electronic mail or internet services, to take action known to be unlawful against any person, and by this action knowingly annoys or alarms the recipient;
• Places one or more telephone calls anonymously, or at an hour or hours known to be inconvenient to the victim, or in an offensively repetitious manner, or without a legitimate purpose of communication, and by this action knowingly annoys or alarms the recipient; or
• Communicates by telephone to another that a relative or other person has been injured, killed or is ill when the communication is known to be false. Tenn. Code Ann. § 39-17-308 (2007).
• A violation here is a Class A misdemeanor.

This statute encompasses the typical harassment forms of conduct such as late night phone calls, communication involving unlawful conduct, and false communication concerning the death of a family member. A more serious form of harassment occurs when the defendant in a criminal case harasses the victim.

A person convicted of a criminal offense commits harassment if, while incarcerated, on pre-trial diversion, probation, community correction or parole, the person intentionally communicates in person with the victim of the person's crime if the communication is:

• Anonymous or threatening or made in an offensively repetitious manner or at hours known to be inconvenient to the victim;
• Made for no legitimate purpose; and
• Made knowing that it will alarm or annoy the victim.

If the victim of the person's offense died as the result of the offense, then the deceased victim's next-of-kin shall be considered the victim. This form of harassment constitutes a Class E felony if convicted. If you are charged with harassment under Tennessee criminal law, contact a criminal defense attorney. Our offices handle these charges in Johnson City, Kingsport, Bristol, Greenville, Morristown, Jefferson City, Sevierville, Newport, Knoxville, Loudon, and Maryville.

Knoxville DUI lawyers realize that a DUI charge can be intimidating, especially if you don't know a lot about Tennessee DUI law. Tennessee DUI lawyers can help you understand Tennessee law, and explain your rights and options. If you have questions about the automatic license suspension or the impact a DUI conviction might have on your insurance costs, you may want to talk with a Knoxville DUI lawyer.

You should not wait until your initial court appearance to start asking questions about your particular case. Contact a Knoxville DUI lawyer before you appear in court so that your Knoxville DUI attorney can gather important information he or she needs to make informed decisions about your case. A Tennessee DUI lawyer can assess your case from your point of view, and advise you on Tennessee DUI law as it applies to your situation.

If you have questions about the sentence you face including whether the mandatory jail time provisions apply to you, contact a Tennessee DUI lawyer. You may think that there's no way to successfully challenge a DUI charge, but Knoxville DUI lawyers know that many cases have weaknesses. These weaknesses often open doors to dismissals or acquittals. Any crack in the state’s case could create an opportunity for a Tennessee DUI lawyer to negotiate for reduced charges or a favorable plea bargain.

Take advantage of the opportunity to learn about your rights under Tennessee law before you take a step in any direction. Contact a Tennessee DUI attorney if you have been charged with DUI in East Tennessee. Our DUI attorneys handle DUI cases in Knoxville, Loudon, Maryville, Gatlinburg, Pigeon Forge, Sevierville, Newport, Johnson City, Chattanooga, Nashville, and Bristol.

Tennessee traffic lawyers can help you organize and present your defense to any traffic–related charge. Whether it be a citation for speeding, reckless driving, no insurance, operating a vehicle without a license, driving while revoked, driving while suspended, or an arrest for Driving Under the Influence (DUI), if you are seeking legal representation, allow Tennessee traffic attorneys the opportunity to assist you throughout the judicial process.

We can help negotiate on your behalf so that you can avoid points on your license, increased insurance premiums, and loss of your driving privileges. Even if this is your first traffic citation or speeding ticket, it is important to contact a Tennessee traffic lawyer before paying your ticket. In many instances, it is important to have a lawyer at your initial court appearance. Adequate time is needed to investigate the specific facts of your case, and to allow your attorney to prepare your defense.

Tennessee traffic lawyers frequently represent out-of-state residents who have been cited for traffic violations on I-40 or I-75. It can be burdensome to travel back to Tennessee to appear in court or to obtain counsel. In most cases, we can handle certain citations without the need for your appearance.

Tennessee traffic attorneys represent clients charged with DUI's, speeding tickets, reckless driving, operating without insurance and other traffic violations throughout East Tennessee. Contact our office for a free initial consultation about your particular situation. Our attorneys handle speeding tickets and other moving violations in the East Tennessee area including Knoxville, Newport, Sevierville, Morristown, Maryville, Gatlinburg, and Pigeon Forge.

Tennessee criminal defense attorneys have successfully resolved criminal cases by getting criminal charges reduced, having cases dismissed, and negotiating plea bargains. The U.S. war on drugs has resulted in thousands of arrests, convictions, and incarcerations for drug crimes. People arrested for possession of small amounts of drugs are prosecuted to the full extent of the law, and are subject to harsh penalties if convicted. It is more important then ever to vigorously defend yourself against any type of drug charge. A skilled Tennessee criminal defense lawyer may be able to help you avoid a conviction, get your drug charges reduced, escape harsh punishment, and stay out of jail.

If you or a family member has been arrested or charged with a drug crime in the East Tennessee area, contact a drug defense lawyer today to discuss your case. We help people who have been charged with drug crimes. We understand that there are difficult choices to make in life, and sometimes people make mistakes. Those mistakes shouldn't cost you your freedom or your future. We understand the difficulties of substance abuse, and that everyone’s background is different. Our criminal defense attorneys have helped clients whose charges stem from the following substances:

• Cocaine and Crack Cocaine
• Methamphetamine
• Marijuana
• Ecstasy
• Nitrous Oxide
• Morphine and Opium
• Painkillers such as OxyContins, Vicodins, and Lortabs,
• Speed
• PCP
• LSD
• Heroin
• And Various Others

Whether you have been caught with a minor amount of marijuana or you are in jail on charges of sale of cocaine, we will fight to protect your rights in any drug crime prosecution. We handle drug charges in Tennessee including:

Manufacture of a controlled substance
• Delivery of a controlled substance
• Sell of a controlled substance
• Drug Possession
• Possession with Intent to Sell
• Possession with Intent to Manufacture
• Possession with Intent to Deliver

We have the skill and experience to effectively defend clients in drug cases, including those involving marijuana, cocaine, crack, methamphetamine, heroin, illegal prescriptions, and other narcotics. In examining your case and forming a defense strategy, we'll look at every aspect of your case, especially your initial arrest and how the evidence was gathered. Our criminal defense lawyers help clients in Knoxville, Sevierville, Newport, Morristown, Maryville, Madisonville, Gatlinburg, Pigeon Forge, Loudon, Johnson City, Kingsport, and Chattanooga.

Tennessee criminal defense lawyers understand that the institution of marriage is a fundamental building block of a strong society. There is much scholarly debate as to the parameters of what should constitute a marriage. It is important to realize that every state has different laws relating to forming and terminating the marital relationship.

Many people question how bigamy ever occurs. The answer is that there is no centralized database of marriage records for jurisdictions to determine whether or not a person is legally married somewhere else. Furthermore, if you apply for a marriage license in most jurisdictions, no background check is done. The application will usually be approved simply on the basis of the applicant’s answers.

Bigamy is classified as a felony in most states. Tennessee is one of thirteen states that considers bigamy a misdemeanor. Bigamy is Class A misdemeanor in Tennessee. According to Tennessee law, a person commits bigamy who:

 Is married and purports to marry a person other than the person's spouse in this state under circumstances that would, but for the person's existing marriage, constitute a marriage; or
 Knows that a person other than the person's spouse is married and purports to marry the person in this state under circumstances that would, but for the person's existing marriage, constitute a marriage. Tenn. Code Ann. § 39-15-301 (2007).

It is a defense for the first bullet that the person reasonably believed that the person's marriage had been dissolved by death, divorce or annulment. If you have been charged with bigamy or any other crime in the East Tennessee area, contact one of our criminal defense attorneys. Our office handles criminal cases in Knoxville, Sevierville, Newport, Maryville, Johnson City, and Loudon.

Tennessee sex crime attorneys are experienced in defending clients accused with statutory rape in Tennessee. Statutory rape laws are based upon the concept that a minor may desire sexual intercourse, but lacks the necessary mental faculties possessed by adults to make informed decisions as to whether or not to have sexual intercourse. In other words, minors lack the mental capacity required to legally consent to intercourse.

Age of consent is the age at which an individual can legally consent to intercourse without qualification. There are qualified circumstances where sexual contact with a person under the age of consent is not criminal in nature. A common example occurs when the person to be charged with some form of rape is legally married to a minor.

Tennessee recognizes three forms of statutory rape: mitigated statutory rape, statutory rape, and aggravated statutory rape. Under Tennessee law, 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 fifteen (15) years of age and the defendant is at least four (4) years but less than ten (10) years older than the victim; or

• The victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is more than five (5) but less than ten (10) years older than the victim. Tenn. Code Ann. § 39-13-506 (2007).

The penalties for statutory rape can be severe. Statutory rape is a Class E felony under Tennessee law. Class E felonies are punishable by incarceration of not less than one year or more than six years. In addition, Class E felonies are punishable by a fine not to exceed three thousand dollars ($3,000). Tenn. Code Ann. § 40-35-111 (2007). A conviction of statutory rape will have sexual offender registry implications as well. If you have been charged with statutory rape, or any other sex crime in East Tennessee, contact a Tennessee sex crime lawyer. Our attorneys defend clients accused of committing sex crimes in Knoxville,

A charge of unlawful photographing in Tennessee will have serious consequences attached to the outcome of the case. If you are dealing with unlawful photographing charges in Tennessee, consult an experienced criminal defense attorney. A Tennessee criminal law attorney will help you understand and analyze the charges against you. This will be an important step in getting your life back to order.

The offense of unlawful photographing in violation of privacy is very similar to the offense of observation without consent. Both offenses deal with invading someone else’s reasonable expectation of privacy. According to Tennessee law, it is an offense for a person to knowingly photograph, or cause to be photographed 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, or in the case of a minor, without the prior effective consent of the minor's parent or guardian, if the photograph:

• Would offend or embarrass an ordinary person if such person appeared in the photograph; and
• Was taken for the purpose of sexual arousal or gratification of the defendant. Tenn. Code Ann. § 39-13-605 (2007).

The word "photograph" above means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission of any individual so that the individual is readily identifiable.

The punishment for unlawful photographing depends upon whether the photograph has been disseminated. If the photograph has been disseminated, the violation is a Class E felony. If the photograph has not been disseminated, the violation is a Class A misdemeanor. If you have been charged with unlawful photographing, or any crime, contact a criminal defense attorney. Our attorneys handle misdemeanor and felony charges in Knoxville, Sevierville, Johnson City, Morristown, Alcoa, and Newport.