Tennessee Criminal Lawyer Blog

Tennessee juvenile lawyers understand that being accused of any crime is a stressful and frightening occasion. Juveniles should always secure skilled and knowledgeable counsel who can help guide you through the juvenile justice process, provide zealous representation, and help minimize the impact on your child's life. If your child has been charged with committing a crime, contact a Tennessee juvenile defense attorney.

The maximum age for a juvenile offender varies from state to state, but typically is seventeen. All governmental bodies prosecute various crimes committed by juveniles, from traffic violations to felonies like aggravated robbery and homicide. If your child has been charged with a crime, it is essential that you seek legal counsel from a Tennessee juvenile defense attorney to preserve your child’s rights and future.

All parties involved in the juvenile justice process must adhere to certain procedures to ensure a fair trial. Although juvenile court is often less formal than regular court, the procedures are still complicated. It is important to have a Tennessee juvenile defense lawyer to navigate the particulars of the juvenile justice system on behalf of the accused. A Tennessee juvenile defense attorney can explain the procedure and take some of the mystery out of this unfamiliar situation.

Children involved in juvenile court matters have many of the same rights their parents would have if they were accused of a crime. Our juvenile attorneys work in Sevierville, Knoxville, Maryville, Loudon, and Newport, Greeneville, Johnson City, and Morristown.

Tennessee sex crime attorneys have helped many clients charged with sex offenses throughout the East Tennessee area. Our Tennessee sex crime lawyers are experienced and understand how to handle these types of cases. The consequences of most sex crime convictions can be severe. A conviction could lead to loss of your freedom and/or embarrassing registration requirements. Even unsubstantiated accusations of any sex crime can ruin your life. It could negatively affect your employment and your relationships with friends and family.

Aggravated rape of a child is one of the most serious crimes in the State of Tennessee. Aggravated rape of a child is a Class A felony and shall be sentenced within Range III, as set forth in title 40, chapter 35. It is a violent sexual offense under the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification, and Tracking Act of 2004. This means that a conviction not only leads to a lengthy incarceration period, but registration requirements for life.

The main difference between rape of a child and aggravated rape of a child is the victim’s age. Aggravated rape of a child is the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is three (3) years of age or less. Tenn. Code Ann. § 39-13-531. "Sexual penetration" means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of the victim's, the defendant's, or any other person's body, but emission of semen is not required; Tenn. Code Ann. § 39-13-501

If you are being accused of any sex crime, contact a Tennessee sex crime attorney immediately. All initial consultations are free. We will be happy to evaluate your case. Our firm services Knoxville, Sevierville, Maryville, Morristown, Nashville, Newport, Chattanooga, Johnson City, Greeneville, and Loudon.

The criminal defense attorneys at Baker Associates represent individuals accused of, arrested for, convicted of, or sentenced for criminal offenses. Our office handles disorderly conduct charges and other criminal offenses in Knoxville, Sevierville, Johnson City, Loudon, Maryville, Gatlinburg, and Pigeon Forge.

The law in Tennessee does not require that there be a victim for an individual to be charged with disorderly conduct. A person can be charged with disorderly conduct for simply yelling in a parking lot, screaming swear words, or punching another person's automobile. In fact, many types of behavior or conduct might subject someone to an arrest for disorderly conduct.

There is virtually no state in the United States that does not have some form of law regarding disorderly conduct. This law is commonly described as a catch-all law. Under Tennessee law, a person commits disorderly conduct who, in a public place and with intent to cause public annoyance or alarm:

• Engages in fighting or in violent or threatening behavior;
• Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or
• Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose. Tenn. Code Ann. § 39-17-305 (2007).

A person also commits disorderly conduct who makes unreasonable noise that prevents others from carrying on lawful activities.

A violation of the disorderly conduct statute is a Class C misdemeanor. Class C misdemeanors are punishable in Tennessee by 30 days in jail, or a fine not to exceed fifty dollars, or both.

Whenever you need a criminal defense lawyer, contact Baker Associates. Our attorneys can provide you with information that will serve you well in making important decisions that affect your case and future.

Tennessee speeding ticket attorneys know how important a clean driving record can be for financial purposes. Sometimes, your employment possibilities will be limited if you have been involved in a bunch of accidents or have multiple speeding tickets. Corporations generally do not like to hire employees with bad driving records if the job requires use of a company car. Trucking companies certainly get nervous if their drivers have bad driving records.

Depending on the circumstances, a speeding ticket or moving violation can cost anywhere from one to three-hundred and fifty dollars here in Tennessee. Even though it may be cheaper to simply pay the ticket, it could cost you more in insurance in the long run. Insurance companies are private organizations for the most part and all have different point systems. They can set there own rules and regulations for adjusting how a speeding ticket or moving traffic violation affects the insured.

A clean driving record is important and you will accrue points on it based upon the offense committed. Points can be added for moving traffic violations, speeding, and accidents. Some offenses are more serious and your license can be suspended or revoked if you commit one of the more serious offenses. Under Tennessee law, a regular driver license may be revoked or suspended for the following:

• DUI including implied consent
• allowing unlawful use of a driver license, including fraudulently altering a driver license or allowing another individual to use your license or identification
• mental or physical disabilities
• leaving the scene of a personal injury or fatal crash; failure to stop and render aid in an automobile crash
• perjury, or giving false information on the use or ownership of an automobile, or for the issuance of a driver license
• a felony that involves the use of an automobile
• evading arrest while operating a motor vehicle
• manslaughter/vehicular homicide involving the operation of an automobile
• two reckless driving violations within twelve months
• drag racing
• habitual offenders of moving traffic violations
• unsatisfied judgment resulting from the negligent operation of a motor vehicle
• purchasing or possessing any alcoholic beverage if 18-20 years old
• failure to comply with child support requirements
• driving a motor vehicle away from a gas station without paying for dispensed gas or diesel fuel
• failure to show evidence of financial responsibility to officer when involved in an accident or charged with a moving violation
• possession of a driver of five (5) or more grams of methamphetamine

If you are under 18 years old, you can lose your license for the following:

• convictions of any drug or alcohol offense, whether or not the offense occurred while driving
• dropping out of school (defined as having ten consecutive of fifteen total days in a semester of unexcused absences)
• failure to make satisfactory progress in school (which in general means passing three subjects per grading period)
• weapons violations

It is important to realize that commercial motor vehicle operators have separate rules and regulations regarding their commercial drivers licenses (CDL’S). These separate rules and regulations govern how CDL might be revoked or suspended. If you are cited with a moving violation or speeding in the East Tennessee area, contact a Tennessee traffic citation lawyer. Our traffic citation lawyers handle speeding tickets and other moving violations in Knoxville, Gatlinburg, Newport, Sevierville, Jefferson County, Maryville, Johnson City, Greenville, Bristol, Morristown, Kingsport, and Chattanooga.

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.

Tennessee Sex Crime Lawyers have helped many people charged with sex-related crimes throughout the East Tennessee area. If you have been charged with a sex crime in Tennessee, or believe that you may be charged with a sex crime in the near future, contact a Tennessee Sex Crime Attorney today. It is important you understand your rights and the potential penalties you face.

Any form of rape is a serious sex crime. In Tennessee, there are different types of statutory rape. Statutory Rape by an authority figure is an extremely serious sex offense, and is considered to be a violent sex offense under the law. This means that if you are convicted of this offense, you will have to register as a sex offender for life in Tennessee. Statutory rape by an authority figure is a Class C felony. Class C felonies are punished between 3 and 15 years incarcerated and/or up to a $10,000 fine. Additionally, no person who is found guilty of or pleads guilty to statutory rape by an authority figure is eligible for probation.

According to T.C.A. § 39-13-532, Statutory rape by an authority figure 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;

• The defendant is at least four (4) years older than the victim; and

• The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the sexual penetration; or

The defendant had, at the time of the offense, parental or custodial authority over the victim and used the authority to accomplish the sexual penetration.

Sex offenses involving minors elicit much public outrage and condemnation. The accused is typically presented as leading a double life and as being unworthy of basic constitutional freedoms. Our attorneys know how to handle these types of cases. If you are confronted with the prospect of a lengthy prison sentence and a lifetime of monitoring and registration, contact a sex crime defense lawyer who is willing to fight for you. Our lawyers work across East Tennessee in cities such as Sevierville, Knoxville, Greeneville, Johnson City, Nashville, Loudon, Maryville, Newport, Morristown, Alcoa, and Bristol.

Tennessee sex crime attorneys know that the penalties are serious for any sex crime conviction. If you are convicted of a sex crime, you will be classified as either a sexual offender or violent sexual offender. A major difference between these two categories is the length you will have to register for the Tennessee Sexual Offender Registry.

The classification of the offender determines the length of the registration requirement. If you are a convicted sexual offender, you may be able to file a request to terminate the registration requirements after a period of time. You typically may file your request 10 years after termination of active supervision on probation, parole or any other alternative to incarceration, or 10 years after discharge from incarceration without supervision.

If you are a convicted violent sexual offender, the registration period is for life.

"Violent sexual offender" means a person who has been convicted in Tennessee of committing a violent sexual offense or has another qualifying conviction;

"Violent sexual offense" means the commission of any act that constitutes the criminal offense of:

• Aggravated rape, under § 39-2-603 [repealed] or § 39-13-502;

• Rape, under § 39-2-604 [repealed] or § 39-13-503;

• Aggravated sexual battery, under § 39-2-606 [repealed] or § 39-13-504;

• Rape of a child, under § 39-13-522;

• Attempt to commit rape, under § 39-2-608 [repealed];

• Aggravated sexual exploitation of a minor, under § 39-17-1004;

• Especially aggravated sexual exploitation of a minor under § 39-17-1005;

• Aggravated kidnapping where the victim is a minor, under § 39-13-304, except when committed by a parent of the minor;

• Especially aggravated kidnapping where the victim is a minor, under § 39-13-305, except when committed by a parent of the minor;

• Sexual battery by an authority figure, under § 39-13-527;

• Solicitation of a minor, under § 39-13-528 when the offense is classified as a Class B or Class C felony;

• Spousal rape, under § 39-13-507(b)(1) [repealed];

• Aggravated spousal rape, under § 39-13-507(c)(1) [repealed];

• Criminal exposure to HIV, under § 39-13-109(a)(1);

• Statutory rape by an authority figure, under § 39-13-532

• Criminal attempt, under § 39-12-101, to commit any of the offenses enumerated above;

• Solicitation, under § 39-12-102, to commit any of the offenses enumerated above;

• Conspiracy, under § 39-12-103, to commit any of the offenses enumerated above;

• Criminal responsibility, under § 39-11-402(2), to commit any of the offenses enumerated above;

• Facilitating the commission, under § 39-11-403, to commit any of the offenses enumerated above;

• Being an accessory after the fact, under § 39-11-411, to commit any of the offenses enumerated in this subdivision (28);

• Incest, under § 39-15-302; or

• Aggravated rape of a child under § 39-13-531;

If you are charged with committing a sex crime, do not hesitate in contacting a Tennessee sex crime lawyer. Your freedom and reputation are in jeopardy. Our sex crime attorneys have handled numerous sex crime cases in the East Tennessee area and understand the intricacies involved in these types of cases. All initial consultations are free. Our firm works in the following counties: Sevier, Anderson, Blount, Bradley, Campbell, Claiborne, Cocke, Cumberland, Fentress, Giles, Grainger, Greene, Hamblen, Hamilton, Hancock, Hawkins, Jefferson, Johnson, Knox, Loudon, McMinn, Monroe, Morgan, Polk, Roane, Sevier, Scott, Sullivan, Unicoi, Union, and Washington.

Tennessee sex crime lawyers understand that even an unsubstantiated accusation of any sex offense will have serious consequences. Sex crimes create a harsh and unforgiving social-stigma associated with the offender that is difficult to repair. Accusations can severely impact your reputation in the community, employment, and family. If you are convicted, you face not only the possibility of incarceration, but also embarrassing registration requirements.

The registration requirement for convicted sex offenders is the modern-day Scarlet Letter. Convicted sex offenders must be on the sexual offender registry pursuant to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification, and Tracking Act 2004. The offender will be forced to check in with his or her local law enforcement agency periodically and be subjected to having his or her photograph placed upon a public website. The frequency and length of reporting depends upon the person’s classification as either a sexual offender or violent sexual offender. It is important to realize that these are two distinct categories under Tennessee law.

"Sexual offender" means a person who has been convicted in Tennessee of committing a sexual offense or has another qualifying conviction.

"Sexual offense" means:

(A) The commission of any act that, on or after November 1, 1989, constitutes the criminal offense of:

• Sexual battery, under § 39-13-505;

• Statutory rape, under § 39-13-506, if the defendant has one (1) or more prior convictions for mitigated statutory rape under § 39-13-506(a), statutory rape under § 39-13-506(b) or aggravated statutory rape under § 39-13-506(c);

• Aggravated prostitution, under § 39-13-516;

• Sexual exploitation of a minor, under § 39-17-1003;

• False imprisonment where the victim is a minor, under § 39-13-302, except when committed by a parent of the minor;

• Kidnapping, under § 39-13-303, except when committed by a parent of the minor;

• Indecent exposure, under § 39-13-511, upon a third or subsequent conviction;

• Solicitation of a minor, under § 39-13-528 when the offense is classified as a Class D felony, Class E felony, or a misdemeanor;

• Spousal sexual battery, for those committing the offense prior to June 18, 2005, under former § 39-13-507 [repealed];

• Attempt, under § 39-12-101, to commit any of the offenses enumerated above;

• Solicitation, under § 39-12-102, to commit any of the offenses enumerated above;

• Conspiracy, under § 39-12-103, to commit any of the offenses enumerated above;

• Criminal responsibility, under § 39-11-402(2), to commit any of the offenses enumerated above;

• Facilitating the commission, under § 39-11-403, to commit any of the offenses enumerated above;

• Being an accessory after the fact, under § 39-11-411, to commit any of the offenses enumerated above;

• Aggravated statutory rape, under § 39-13-506(c); or

• Exploitation of a minor by electronic means, under § 39-13-529;

Your Tennessee criminal attorney should be experienced in sex crime cases. These types of cases have special considerations that affect everyone involved. Allegations are easy to make, but sometimes difficult to disprove. Our Tennessee lawyers handle all types of sexual offense cases in the East Tennessee area. Our offices serve the following areas: Knoxville, Morristown, Loudon, Maryville, Newport, Greeneville, Johnson City, Bristol, Chattanooga, and Sevierville.

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 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 criminal defense attorneys know that the courts and the district attorney take accusations of assault and domestic assault very seriously. If you have been charged or investigated, contact a Tennessee criminal defense attorney immediately.

Tennessee criminal defense lawyers represent people in Johnson City, Bristol, Chattanooga, Morristown, Loudon and all communities of Knox County, Sevier County, Blount County, and Cocke County, Tennessee. There is much at stake on the outcome of your case, including jail time or fines, your reputation, and other consequences such as a criminal record. If you are a government or municipal employee, a conviction may cost you your job. You also lose your right to possess firearms for certain violations.

If the authorities have reasonable grounds for a charge of assault or domestic assault, you can be arrested immediately. These cases are rarely dismissed. The case often moves forward even if the victim doesn't testify or refuses to press charges. It is critical to have a qualified and aggressive defense by an experienced criminal law attorney.

Tennessee criminal defense attorneys have defended against all types of assault and domestic violence situations: husband/wife, boyfriend/girlfriend, father/son roommate/roommate or mother/daughter. In addition to assault and domestic assault charges, we challenge the issuance of restraining orders and orders of protection. Protect your rights. Contact a Tennessee assault attorney if you have been charged with assault or domestic assault in the East Tennessee area. We offer a free initial consultation.

Tennessee Traffic Lawyers know how important a clean driving record can be. If you receive a moving traffic violation, you risk losing your drivers license, paying high fines, and steep increases in your insurance premiums. In some extreme cases, you could even face the possibility of jail time. Our Tennessee traffic citation attorneys handle all types of moving violations in the Knoxville, Sevierville, Pigeon Forge, and Gatlinburg area.

Not only can you lose points for speeding, you can lose points for all moving traffic violations. All drivers start out with zero points on your driving record. You can not get 12 points placed on you license within a 12 month period. If you do, then you risk your license being suspended. It is important to realize that not all moving traffic violations are valued the same. How many points that will be applied toward your license depends upon the nature of the offense. The following list displays how many points a moving traffic violation will cost you towards your Tennessee license.

Following emergency vehicle unlawfully (2 points)
Failure to signal change of vehicle direction (2 points)
Failure to maintain control or improper control (3 points)
Operating without being licensed (3 points)
Operating without license required for type of vehicle being operated (3 points)
Speed less than posted minimum (3 points)
Making improper turn (3 points)
Following improperly (3 points)
Violation of bumper law (4 points)
Careless or negligent driving (4 points)
Failing to yield right of way (4 points)
Wrong way, side, or direction (4 points)
Improper passing – Passing where prohibited (4 points)
Signs and control devices – Failure to obey traffic instructions (4 points)
Leaving the scene of an accident (property damage only) (5 points)
Fleeing law enforcement officer (6 points)
1st Offense violation of driver license restrictions (6 points)
Passing school bus taking on or discharging passengers (6 points)
Reckless driving (6 points)
Adult driving while impaired (8 points)
Reckless endangerment by vehicle – misdemeanor (8 points)
Driving while license canceled (8 points)
Operating without being licensed (8 points)
No license for type of vehicle being operated (under suspension) (8 points)

If you receive a moving traffic violation in Tennessee, you should understand the consequences of a guilty plea and how that plea will affect your license. A drivers license is important. People that lose them have difficulty obtaining a new license. If you receive a moving traffic violation, contact a Tennessee Traffic Citation lawyer. Our lawyers help with traffic problems in Knoxville, Sevierville, Newport, Maryville, and Jefferson City.