November 21, 2008

Domestic Assault - Tennessee Law

The criminal defense attorneys at Baker Associates have successfully represented individuals charged with assault offenses in Tennessee, including Domestic Assault. The distinction between Assault and Domestic Assault is that the “domestic abuse victim” must have a certain type of close or family relationship with the alleged perpetrator. In many cases, alcohol and/or drugs are a common factor in charges of Domestic Assault.

Domestic Assault:
According to Tennessee Code Annotated § 39-13-101 and -111, a person commits Domestic Assault who:
(1) Intentionally, knowingly, or recklessly causes bodily injury to a “domestic abuse victim”;
(2) Intentionally or knowingly causes a “domestic abuse victim” to reasonably fear imminent bodily injury; or
(3) Intentionally or knowingly causes physical contact with a “domestic abuse victim” and a reasonable person would regard the contact as extremely offensive or provocative.

993823_i_thee_wed.jpgA “domestic abuse victim” means any person who falls within any of the following categories:
(1) Adults or minors who are current or former spouses;
(2) Adults or minors who live together or who have lived together;
(3) Adults or minors who are dating or who have dated or who have or had a sexual relationship (not including fraternization between two individuals in a business or social context);
(4) Adults or minors related by blood or adoption;
(5) Adults or minors who are related or were formerly related by marriage; or
(6) Adult or minor children of a person described in sections (1) through (5).

“Bodily injury” includes a cut, abrasion, bruise, burn or disfigurement, physical pain, temporary illness, or impairment of the function of a bodily member, organ, or mental faculty.

Domestic Assault under sections (1) and (2) is a Class A Misdemeanor, punishable by a maximum penalty of eleven months and twenty-nine days and a fine up to $2,500.00. Domestic Assault under section (3) is a Class B Misdemeanor, punishable by a maximum penalty of six months and a fine up to $500.00. Additionally, the judge may assess an additional fine up to $200.00 to fund family violence shelters and shelter services for any charge of Domestic Assault.

In addition to imprisonment and fines, a person convicted of Domestic Assault may have to complete anger management classes, family counseling, and alcohol/drug assessment with treatment. A conviction for Domestic Assault will further affect one’s ability to own or possess a firearm, even for first-time offenders.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Domestic Assault. A conviction of Domestic Assault carries severe penalties. If you or a relative has been charged with Domestic Assault, contact our experienced criminal defense attorneys as soon as possible. Our team of attorneys will work quickly and utilize our legal staff, private investigators, and experts to investigate and prepare your defense.

Sources: Tenn. Code Ann. §§ 39-13-101, -111; T.P.I. Crim. 6.08.

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November 18, 2008

Communicating a Threat Concerning a School Employee - Tennessee Law

The Tennessee criminal defense attorneys at Baker Associates in Knoxville and Sevierville stay on top of new developments in criminal law. Our firm has successfully handled cases involving new and recently changed criminal and juvenile offenses.

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Communicating a Threat Concerning a School Employee:

On July 1, 2008, the Tennessee General Assembly enacted a new law criminalizing Communicating a Threat Concerning A School Employee. Under the new law, a person commits the offense of communicating a threat concerning a school employee if:604402_bus.jpg
(1) The person communicates to another a threat to cause the death of or serious bodily injury to a school employee and the threat is directly related to the employee's scope of employment;
(2) The threat involves the use of a firearm or other deadly weapon;
(3) The person to whom the threat is made reasonably believes that the person making the threat intends to carry out the threat;
(4) The person making the threat intentionally engages in conduct that constitutes a substantial step in the commission of the threatened act and the threatened act and the substantial step when taken together:
(A) Are corroborative of the person's intent to commit the threatened act;
and
(B) Occur close enough in time to evidence an intent and ability to commit the threatened act.

Communicating a death threat concerning a school employee is a Class B misdemeanor punishable by a maximum term of imprisonment of thirty (30) days.

If you or a relative has been charged with Communicating a Threat Concerning a School Employee, possession of a weapon at school, or another school-related offense, contact our criminal defense attorneys today for a free consultation.

Source: T.C.A. § 39-13-114 (2008).

November 17, 2008

Homicide - Assisted Suicide - Tennessee Law

The criminal defense attorneys at Baker Associates have successfully represented individuals charged with homicide offenses in Tennessee. Criminal homicide is the unlawful killing of another person. Under Tennessee law, criminal homicide is broken down into seven classifications: First Degree Murder, Second Degree Murder, Voluntary Manslaughter, Reckless Homicide, Criminally Negligent Homicide, Assisted Suicide, and Vehicular Homicide.

371237_poison_iii.jpgAccording to Tennessee Code Annotated § 39-13-215, a person commits the offense of Assisted Suicide who:
(1) Intentionally provides another person with the means by which such person directly and intentionally brings about such person's own death;
or
(2) Intentionally participates in a physical act by which another person directly and intentionally brings about such person's own death;
and
(3) Provides the means or participates in the physical act with:
(A) Actual knowledge that the other person intends to bring about such person's own death;
and
(B) The clear intent that the other person bring about such person's own death.

However, the following acts are not considered Assisted Suicide:
(1) Withholding or withdrawing medical care;
(2) Prescribing, dispensing, or administering medications or performing medical procedures calculated or intended to relieve another person's pain or discomfort but not calculated or intended to cause death, even if the medical procedures may hasten or increase the risk of death;
or
(3) Failing to prevent another person from bringing about their own death.

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Assisted Suicide:
To be found guilty of Assisted Suicide, the State of Tennessee must prove the following elements beyond a reasonable doubt:
(1) That the defendant provided another person with the means or participated in a physical act by which the person directly or indirectly brought about his or her own death;
and
(2) That the defendant provided the means or participated in the physical act:
(a) with actual knowledge that the other person intended to bring about his or her own death;
and
(b) with the clear intent that the other person bring about his or her own death;
and
(3) That the defendant acted intentionally, i.e., it was the defendant's objective desire to engage in the conduct or cause the result.

In homicide cases, the mental state of the accused at the time he or she allegedly killed must be carefully considered in order to determine whether the accused will be convicted of First or Second Degree Murder, Assisted Suicide, or another offense.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Murder, Assisted Suicide, or another homicide offense. Assisted Suicide is a Class D felony. A person convicted of Assisted Suicide is punished by imprisonment from 2 years to 12 years and can be fined up to $5,000.00.

If you or a close friend or relative has been charged with Assisted Suicide or another homicide offense in Knoxville, Sevierville, or Maryville, Tennessee, contact our experienced criminal defense attorneys as soon as possible. Our team of attorneys will work quickly to investigate and prepare your defense.

Sources: Tenn. Code Ann. § 39-13-216; Tenn. Code Ann. § 40-35-111; T.P.I. Crim. 7.10.

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November 14, 2008

Homicide - Reckless Homicide - Tennessee Law

The criminal defense attorneys at Baker Associates have successfully represented individuals charged with homicide offenses in Tennessee. Criminal homicide is the unlawful killing of another person. Under Tennessee law, criminal homicide is broken down into seven classifications: First Degree Murder, Second Degree Murder, Voluntary Manslaughter, Reckless Homicide, Criminally Negligent Homicide, Assisted Suicide, and Vehicular Homicide.

Tennessee Code Annotated § 39-13-215 defines Reckless Homicide as the reckless killing of another person.

798972_bowhunter.jpgReckless Homicide:
In order to be found guilty of Reckless Homicide, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:
(1) That the defendant killed the alleged victim;
and
(2) That the defendant acted recklessly, i.e., the defendant was aware of, but consciously disregarded, a substantial and unjustifiable risk that the alleged victim would be killed. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the defendant's standpoint.
The requirement of "recklessly" is established if it is shown that the defendant acted either intentionally or knowingly.

In homicide cases, the mental state of the accused at the time he or she allegedly killed must be carefully considered in order to determine whether the accused will be convicted of First or Second Degree Murder, Reckless Homicide, or a lesser offense.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Murder, Reckless Homicide, or another homicide offense. Reckless Homicide is a Class D felony. A person convicted of Reckless Homicide is punished by imprisonment from 2 years to 12 years and can be fined up to $5,000.00.

If you or a close friend or relative has been charged with Reckless Homicide or another homicide offense in Knoxville, Sevierville, or Maryville, Tennessee, contact our experienced criminal defense attorneys as soon as possible. Our team of attorneys will work quickly to investigate and prepare your defense.

Sources: Tenn. Code Ann. § 39-13-215; Tenn. Code Ann. § 40-35-111; T.P.I. Crim. 7.09.

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November 13, 2008

Homicide - Voluntary Manslaughter - Tennessee Law

The criminal defense attorneys at Baker Associates have successfully represented individuals charged with homicide offenses in Tennessee. Criminal homicide is the unlawful killing of another person. Under Tennessee law, criminal homicide is broken down into seven classifications: First Degree Murder, Second Degree Murder, Voluntary Manslaughter, Reckless Homicide, Criminally Negligent Homicide, Assisted Suicide, and Vehicular Homicide.

282243_gun_1.jpgTennessee Code Annotated § 39-13-211 defines Voluntary Manslaughter as the intentional or knowing killing of another person in a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner. Voluntary Manslaughter is commonly referred to as a "crime of passion."

Voluntary Manslaughter:

In order to be found guilty of Voluntary Manslaughter, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:
(1) That the defendant unlawfully killed the alleged victim;
and
(2) That the defendant acted intentionally, i.e., it was the defendant's conscious objective or desire to cause the death of the alleged victim, or acted knowingly, i.e., acted with an awareness that his or her conduct was reasonably certain to cause the death of the alleged victim;
and
(3) That the killing resulted from a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner.

In homicide cases, the mental state of the accused at the time he or she allegedly killed must be carefully considered in order to determine whether the accused will be convicted of First or Second Degree Murder, Voluntary Manslaughter, or a lesser offense. The distinction between Voluntary Manslaughter and Second Degree Murder is that voluntary manslaughter requires that the killing result from a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Murder, Voluntary Manslaughter, or another homicide offense. Voluntary Manslaughter is a Class C felony. A person convicted of Voluntary Manslaughter is punished by imprisonment from 3 years to 15 years and can be fined up to $10,000.00.

If you or a close friend or relative has been charged with Voluntary Manslaughter, contact our experienced criminal defense attorneys as soon as possible. Our team of attorneys will work quickly and utilize our legal staff, private investigators, and experts to investigate and prepare your defense.

Sources: Tenn. Code Ann. § 39-13-211; T.P.I. Crim. 7.06.

November 12, 2008

Purchasing Alcohol for a Minor - Tennessee Law

865435_money_matters.jpgThe criminal defense attorneys at Baker Associates have successfully represented numerous clients charged with alcohol-related offenses ranging from DUI to open container violations. In Tennessee, purchasing alcohol for a minor is a criminal offense.


A person can be charged with a Class A misdemeanor for purchasing alcoholic beverages or beer for a minor, i.e., a person under twenty-one (21) years of age, or for providing alcoholic beverages or beer to a minor. To be convicted for purchasing alcohol for or providing alcohol to a minor, the State of Tennessee must prove the following elements beyond a reasonable doubt:


(1)(a) That the accused bought intoxicating alcoholic beverages for or on behalf of any child under the age of twenty-one (21) years;
or
(1)(b) That the accused furnished intoxicating alcoholic beverages to any child under the age of twenty-one (21) years for any purpose;
and
(2) That the accused acted either intentionally, knowingly, or recklessly.


It is an affirmative defense to prosecution under this section that any person accused of giving or buying alcoholic beverages or beer for a minor acted upon a reasonably held belief that the minor was of legal drinking age. This belief may be acquired by the minor making a false statement about his or her age or presenting false identification that shows the minor is twenty-one years of age or older.

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If a person is convicted of Class A misdemeanor Purchasing or Providing Alcohol to a Minor, he or she may be sentenced to up to eleven months and twenty-nine days in jail and a fine not to exceed $2,500.00. Additionally, persons convicted under this statute must perform at least one hundred (100) hours of community service work. The judge may also suspend driving privileges of a person convicted of purchasing alcohol for a minor. If the person has no driver license, the judge may increase the community service work up to a maximum of two hundred (200) hours.


If you have been charged with selling alcohol to a minor or purchasing beer for a minor, it is important to contact an experienced criminal defense lawyer. The criminal defense attorneys at Baker Associates in Knoxville, Tennessee, have represented many clients charged with alcohol-related offenses, including sales of alcohol to a minor. If you or a relative has been charged with selling alcohol to a minor, DUI, or another alcohol-related offense, contact our office today for a free case consultation.

Sources: T.C.A. § 39-15-404; T.P.I. Crim. 21.03.

November 11, 2008

'Homicide - Second Degree Murder - Scheduled Narcotics - Tennessee Law

The criminal defense attorneys at Baker Associates have successfully represented individuals charged with homicide offenses in Tennessee. Criminal homicide is the unlawful killing of another person. Under Tennessee law, criminal homicide is broken down into seven classifications: First Degree Murder, Second Degree Murder, Voluntary Manslaughter, Reckless Homicide, Crminally Negligent Homicide, Assisted Suicide, and Vehicular Homicide.

Tennessee Code Annotated § 39-13-210(a) defines Second Degree Murder as:
(1) A knowing killing of another;
or
(2) A killing of another that results from the unlawful distribution of any Schedule I or Schedule II drug, when the drug is the proximate cause of the death of the user.

Additionally, subsection (b) further states that in a prosecution for second degree murder, if the defendant knowingly engages in multiple incidents of domestic abuse, assault or the infliction of bodily injury against a single victim, the trier of fact (i.e., the jury) may infer that the defendant was aware that the cumulative effect of the conduct was reasonably certain to result in the death of the victim, regardless of whether a single incident would have resulted in the death.

Second Degree Murder: Killing of Another Using a Schedule I or Schedule II Drug818505_intramuscular_injection_2.jpg

In order to be found guilty of Second Degree Murder due to unlawful distribution of a Schedule I or II Drug, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:

(1) That the defendant unlawfully distributed a Schedule I or Schedule II drug;
and
(2) That the drug was the proximate cause of the death;
and
(3) That the defendant acted either intentionally, knowingly, or recklessly.

An example of a Second Degree Murder charge by distributing Schedule I or Schedule II drugs would arise where a defendant injects a person with Heroin, a Schedule I narcotic, and that person dies from a drug overdose.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Second Degree Murder or another homicide offense. The penalties for Second Degree Murder are severe--Second Degree Murder is a Class A felony. A person convicted of Seond Degree Murder is punished by imprisonment from 15 years to 60 years and can be fined up to $50,000.00.

If you or a close friend or relative has been charged with Second Degree Murder, contact our experienced criminal defense attorneys as soon as possible. Our team of attorneys will work quickly with our legal staff, private investigators, and experts to investigate and prepare your defense.

Sources: Tenn. Code Ann. § 39-13-210; T.P.I. Crim. 7.05(b).

November 10, 2008

Homicide - Second Degree Murder - Knowing Killing - Tennessee Law

326024_ipsc_goes_matrix_1.jpgThe criminal defense attorneys at Baker Associates have successfully represented individuals charged with homicide offenses in Tennessee. Criminal homicide is the unlawful killing of another person. Under Tennessee law, criminal homicide is broken down into seven classifications: First Degree Murder, Second Degree Murder, Voluntary Manslaughter, Reckless Homicide, Criminally Negligent Homicide, Assisted Suicide, and Vehicular Homicide.

Tennessee Code Annotated § 39-13-210(a) defines Second Degree Murder as:
(1) A knowing killing of another;
or
(2) A killing of another that results from the unlawful distribution of any Schedule I or Schedule II drug, when the drug is the proximate cause of the death of the user.

Additionally, subsection (b) further states that in a prosecution for second degree murder, if the defendant knowingly engages in multiple incidents of domestic abuse, assault or the infliction of bodily injury against a single victim, the trier of fact (i.e., the jury) may infer that the defendant was aware that the cumulative effect of the conduct was reasonably certain to result in the death of the victim, regardless of whether a single incident would have resulted in the death.

Second Degree Murder: Knowing Killing

In order to be found guilty of Knowing Second Degree Murder, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:889234_the_hammer.jpg
(1) That the defendant unlawfully killed the alleged victim;
and
(2) That the defendant acted knowingly, i.e., acted with an awareness that his or her conduct was reasonably certain to cause the death of the alleged victim.
Additionally, the requirement of "knowingly" is also established if it is shown that the defendant acted "intentionally."

In homicide cases, the mental state of the accused at the time he or she allegedly killed another person must be carefully considered in order to determine whether the accused will be convicted of Second Degree Murder or a lesser offense.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Second Degree Murder or another homicide offense. The penalties for Second Degree Murder are severe--Second Degree Murder is a Class A felony. A person convicted of Seond Degree Murder is punished by imprisonment from 15 years to 60 years and can be fined up to $50,000.00.

If you or a close friend or relative has been charged with Second Degree Murder, contact our experienced criminal defense attorneys as soon as possible. Our team of attorneys will work quickly with our legal staff, private investigators, and experts to investigate and prepare your defense.

Sources: Tenn. Code Ann. § 39-13-210; T.P.I. Crim. 7.05(a).

November 7, 2008

Driver License Suspension - Gasoline Theft - Tennessee Law

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As gas prices increase across the country, drivers in Tennessee should be mindful that in Tennessee, a person convicted of theft can lose the privilege to drive if the theft involved pumping gasoline at a gas station into the person's vehicle and driving away without paying for it. If you forgot to "Pay at the Pump," contact our Tennessee theft attorneys for a free case consultation. It is important to note that out-of-state drivers are not immune from the driver license suspension. Courts in Tennessee can suspend out-of-state licensed drivers non-resident driving privileges and will propmtly notify the resident's state licensing officials upon suspension.

In addition to the fine and imprisonment authorized by law for the particular theft offense, a judge may suspend the driver license of a first-time offender for up to six months. For second offenders and subsequent offenders, the license suspension is mandatory. For second offenders, the judge shall suspend the person's driver license for a six-month period. Repeat offenders, if convicted of three or more theft offenses for a gasoline drive-off, will have their driver license suspended for one year. For purposes of driver license suspension, there is no distinction between misdemeanor or felony theft of gasoline; all persons convicted of "drive off" gasoline theft are subject to driver license suspension.

676547_gas_5.jpgIf you have been charged with theft in connection with a gasoline "drive off" or other theft offense, contact our experienced Tennessee criminal defense attorneys. Our office has successfully represented individuals charged with misdemeanor and felony theft offenses.

November 6, 2008

Homicide - First Degree Murder - Destructive Device or Bomb

The Tennessee criminal defense attorneys at Baker Associates have successfully represented individuals charged with homicide offenses in Tennessee. Criminal homicide is the unlawful killing of another person. Under Tennessee law, criminal homicide is broken down into seven classifications: First Degree Murder, Second Degree Murder, Voluntary Manslaughter, Reckless Homicide, Criminally Negligent Homicide, Assisted Suicide, and Vehicular Homicide.

Tennessee Code Annotated § 39-13-202 defines First Degree Murder as
(1) A premeditated and intentional killing of another;
(2) A killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, act of terrorism, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child or aircraft piracy (i.e., Felony Murder); or
(3) A killing of another committed as the result of the unlawful throwing, placing or discharging of a destructive device or bomb.

First Degree Murder: Destructive Device or Bomb: 250321_nuke.jpg

There is no requirement for a culpable mental state to be found guilty of First Degree Murder pursuant to this statute. The State must prove beyond a reasonable doubt that the person intended to commit the act of unlawfully throwing, placing or discharging of a destructive device or bomb which resulted in the killing of a another.

A person convicted of First Degree Murder pursuant to the Destructive Device or Bomb portion of the statute faces the same severe penalties as if the killing were premeditated and intentional or if committed during the attempt or commission of a serious felony. If convicted of First Degree Murder by Destructive Device or Bomb, a person is punished by one of three sentences:
(1) Death;
(2) Imprisonment for life without possibility of parole; or
(3) Imprisonment for life.

It is extremely important to contact a qualified Tennessee criminal defense attorney if you or a friend or relative has been charged with First Degree Murder or another homicide offense. The attorneys at Baker Associates will work diligently to begin actively investigating your case and utilizing private investigators and forensic experts to further aid in your defense. Contact Baker Associates today for a free consultation for First Degree Murder defense.

Sources: T.C.A. § 39-13-202; T.P.I. Crim. 7.03(b).

November 5, 2008

Homicide - First Degree Murder - Felony Murder

The Tennessee criminal defense attorneys at Baker Associates have successfully represented individuals charged with homicide offenses in Tennessee. Criminal homicide is the unlawful killing of another person. Under Tennessee law, criminal homicide is broken down into seven classifications: First Degree Murder, Second Degree Murder, Voluntary Manslaughter, Reckless Homicide, Criminally Negligent Homicide, Assisted Suicide, and Vehicular Homicide.

Tennessee Code Annotated § 39-13-202 defines First Degree Murder as
(1) A premeditated and intentional killing of another;
(2) A killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, act of terrorism, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child or aircraft piracy (i.e., Felony Murder); or
(3) A killing of another committed as the result of the unlawful throwing, placing or discharging of a destructive device or bomb.

First Degree Murder: Felony Murder:506099_caution_.jpg
In Tennessee, there is a "felony murder" statute which provides that a person who engaged in one of the listed felony offenses and another person was killed during the commission of the felony or during an attempt to commit the felony, that person may be found guilty of First Degree Murder. Under this part of the statute, the State is not required to prove that the killing was "premeditated and intentional." For example, to be found guilty of First Degre Murder pursuant to the Felony Murder statute for a killing during the perpetration of Child Rape, the State must prove each of the following elements beyond a reasonable doubt:

(1) that the defendant unlawfully killed the alleged victim;
and
(2) that the killing was committed in the perpetration of or the attempt to perpetrate the alleged Rape of a Child; that is, that the killing was closely connected to the alleged Rape of a Child and was not a separate, distinct and independent event;
and
(3) that the defendant intended to commit the alleged Rape of a Child.
The intent to commit the Rape of a Child must exist before or at the same time as the commission of the act causing the death of the victim. Proof that such intent to commit the underlying felony existed before or at the same time of the act of killing is a question for the jury.

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A person convicted of First Degree Murder pursuant to the Felony Murder portion of the statute faces the same severe penalties as if the killing were premeditated and intentional. If convicted of First Degree Felony Murder, a person is punished by one of three sentences:
(1) Death;
(2) Imprisonment for life without possibility of parole; or
(3) Imprisonment for life.

It is extremely important to contact a qualified Tennessee criminal defense attorney if you or a friend or relative has been charged with Felony Murder or another homicide offense. Our attorneys have successfully handled many cases involving serious felonies, including rape, robbery, burglary, aggravated child abuse, and rape of a child. Because a charge of felony murder involves the attempt or commission of at least one other serious felony offense, please contact our attorneys so that we may begin actively investigating your case.

Sources: T.C.A. § 39-13-202 ; T.P.I. Crim. 7.03(b).

November 4, 2008

Homicide - First Degree Murder - Premeditated and Intentional Killing - Tennessee Law

The criminal defense attorneys at Baker Associates have successfully represented individuals charged with homicide offenses in Tennessee. Criminal homicide is the unlawful killing of another person. Under Tennessee law, criminal homicide is broken down into seven classifications: First Degree Murder, Second Degree Murder, Voluntary Manslaughter, Reckless Homicide, Criminally Negligent Homicide, Assisted Suicide, and Vehicular Homicide.

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Tennessee Code Annotated § 39-13-202 defines First Degree Murder as:
(1) A premeditated and intentional killing of another;
(2) A killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, act of terrorism, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child or aircraft piracy; or
(3) A killing of another committed as the result of the unlawful throwing, placing or discharging of a destructive device or bomb.

First Degree Murder: Premeditated and Intentional Killing
In order to be found guilty of Premediated and Intentional First Degree Murder, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:
(1) That the defendant unlawfully killed the alleged victim;
and
(2) That the defendant acted intentionally, i.e., it was the defendant's conscious objective or desire to cause the death of the alleged victim;
and
(3) That the killing was premeditated, i.e., the killing was done after the exercise of reflection and judgment and that the intent to kill must have been formed prior to the act of killing itself.

In homicide cases, the mental state of the accused at the time he or she allegedly decided to kill must be carefully considered in order to determine whether the accused will be convicted of First Degree Murder or a lesser offense.

It is important to hire a Tennessee criminal defense lawyer if you are charged with First Degree 603585_razor_wire.jpg

Murder or another homicide offense. The penalties for First Degree Murder are severe. A person convicted of First Degree Murder is punished by one of three sentences:
(1) Death;
(2) Imprisonment for life without possibility of parole; or
(3) Imprisonment for life.


If you or a close friend or relative has been charged with First Degree Murder, contact our experienced criminal defense attorneys as soon as possible. Our team of attorneys will work quickly and utilize our legal staff, private investigators, and experts to investigate and prepare your defense.

Sources: Tenn. Code Ann. § 39-13-202; T.P.I. Crim. 7.01(b).

November 3, 2008

False Reporting Credit or Debit Cards Lost, Stolen, or Mislaid -- Tennessee Law

22219521_18023876.jpgIn addition to Fradulent Use of a Credit Card, it is an offense in Tennessee to falsely report a credit or debit card as lost, stolen, or mislaid. Our theft attorneys in Tennessee represent people who have been charged with Reporting of Credit or Debit Card Lost, Stolen, or Mislaid, as well as Fradulent Use of a Credit Card, Forgery, and Theft.

According to Tenn. Code Ann. § 39-14-119, any person who reports or attempts to report a credit or debit card as being lost, stolen, or mislaid knowing the report to be false violates the law, and any person who, with intent to defraud, uses a credit or debit card or information from such card, which has previously been reported lost, stolen, or mislaid violates the law.

If you have been charged with false Reporting of Credit or Debit Card Lost, Stolen, or Mislaid, or with Fraudulent Use of a Credit Card, contact one of our attorneys in Sevierville or Knoxville, Tennessee.