Tennessee Criminal Lawyer Blog

The criminal defense attorneys at Baker Associates near Blount County, Tennessee, have successfully represented individuals charged with drug offenses, including Sale and Delivery of Schedule VI and Possession of Schedule VI controlled substance.

In Tennessee, controlled substances are categorized into seven classifications--Schedule I, Schedule II, Schedule III, Schedule IV, Schedule V, Schedule VI, and Schedule VII--depending upon various factors including the potential for abuse, the accepted medical use, and the potential for physical or psychological dependence for the particular drug. Generally, if a particular drug has a higher potential for abuse and dependence, it will have a lower schedule number. In other words, a Schedule I controlled substance has the highest potential for abuse and dependence, and a Schedule VI or Schedule VII controlled substance have the lowest potential for abuse and dependence.

The following are controlled substances included in Schedule VI:
(1) Marijuana;
(2) Tetrahydrocannabinols (hashish); and
(3) Synthetic Equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity.

Pursuant to Tennessee Code Annotated § 39-17-417, it is a criminal offense in Tennessee for a person to knowingly:
(1) Manufacture a Schedule VI controlled substance;
(2) Deliver a Schedule VI controlled substance;
(3) Sell a Schedule VI controlled substance; or
(4) Possess a Schedule VI controlled substance with intent to manufacture, deliver or sell the controlled substance.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Manufacture, Sale, or Delivery of Schedule VI controlled substance. A conviction for any drug offense may keep you from certain professions and career paths in addition to the harsh, criminal punishment. The penalties for drug offenses involving Schedule VI narcotics are severe:

It is a Class C Felony, punishable by 3 to 15 years imprisonment and a maximum fine of $100,000 for a Schedule VI drug offense involving:
(A) not less than four pounds (4 lbs.), one gram (1811 grams) nor more than eight pounds (8 lbs.) (3620 grams) of a non-leafy, resinous material containing tetrahydrocannabinol (hashish) or
(B) not less than twenty (20) nor more than ninety-nine (99) marijuana plants, regardless of weight.

It is a Class D Felony, punishable by 2 to 12 years imprisonment and a maximum fine of $50,000 for a Schedule VI drug offense involving:
(A) not less than ten pounds (10 lbs.), one gram (4536 grams) nor more than seventy pounds (70 lbs.) (31,696 grams) of marijuana;
(B) not less than two pounds (2 lbs.), one gram (906 grams) nor more than four pounds (4 lbs.) (1810 grams) of a non-leafy, resinous material containing tetrahydrocannabinol (hashish); or
(C) not less than ten (10) nor more than nineteen (19) marijuana plants, regardless of weight.

It is a Class E Felony, punishable by 1 to 6 years imprisonment and a maximum fine of $5,000 for a Schedule VI drug offense involving:
(A) not less than one-half (1/2) ounce (14.175 grams) nor more than ten pounds (10 lbs.) (4535 grams) of marijuana; or
(B) not more than two pounds (2 lbs.) (905 grams) of a non-leafy, resinous material containing tetrahydrocannabinol (hashish).

If you or a close friend or relative has been charged with Sale and Delivery of a Schedule VI controlled substance or Possession of Marijuana, 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. §§ 39-17-415, 39-17-417, 40-35-111.

For other drug-related blog posts, please click here.

The criminal defense attorneys at Baker Associates near Gatlinburg, Tennessee, have successfully represented individuals charged with drug offenses, including Sale and Delivery of Schedule II and Possession of Schedule II narcotics.

In Tennessee, controlled substances are categorized into seven classifications--Schedule I, Schedule II, Schedule III, Schedule IV, Schedule V, Schedule VI, and Schedule VII--depending upon various factors including the potential for abuse, the accepted medical use, and the potential for physical or psychological dependence for the particular drug. Generally, if a particular drug has a higher potential for abuse and dependence, it will have a lower schedule number. In other words, a Schedule I controlled substance has the highest potential for abuse and dependence, and a Schedule VII controlled substance has the lowest potential for abuse and dependence.

The following are examples of Schedule II narcotics:
Opium; Codeine; Hydrocodone; Morphine; Cocaine; Methadone; Dihydrocodeine; Amphetamine; Methamphetamine.

Pursuant to Tennessee Code Annotated § 39-17-417, it is a criminal offense in Tennessee for a person to knowingly:
(1) Manufacture a Schedule II controlled substance;
(2) Deliver a Schedule II controlled substance;
(3) Sell a Schedule II controlled substance; or
(4) Possess a Schedule II controlled substance with intent to manufacture, deliver or sell the controlled substance.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Manufacture, Sale, or Delivery of Schedule II controlled substance. The penalties for drug offenses involving Schedule II narcotics are severe. A Schedule II drug offense involving .5 grams or more of cocaine or methamphetamine is a Class B Felony, punishable by 8 to 30 years imprisonment and a maximum fine of $100,000. Any other Schedule II controlled substance, including cocaine and methamphetamine in an amount of less than .5 grams, is a Class C Felony, punishable by 3 to 15 years imprisonment and a maximum fine of $100,000. However, if the amount of cocaine or methamphetamine is less than .5 grams but a deadly weapon was carried or employed during the commission of the offense or if the offense resulted in death or bodily injury to another person, it is a Class B Felony.

If you or a close friend or relative has been charged with Sale and Delivery of a Schedule II Narcotic or another methamphetamine, cocaine, or hydrocodone offense, 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. §§ 39-17-407, 39-17-408, 39-17-417, 40-35-111.

The criminal defense attorneys at Baker Associates near Knoxville, Tennessee, have successfully represented many individuals charged with property crimes, including Joyriding.

Tennessee Code Annotated § 39-14-106 states that a person commits Class A misdemeanor Joyriding who takes another person's automobile, airplane, motorcycle, bicycle, boat, or other vehicle without the consent of the owner and the person does not have the intent to deprive the owner thereof, i.e., the person takes or "borrows" the vehicle without permission but without the intent to keep it forever, as in a theft.
Joyriding, a Class A misdemeanor, is punishable up to eleven months, twenty-nine days in jail and a fine up to $2,500.

If you or a loved one has been charged with Felony Theft of an automobile, or the lesser offense of Joyriding in Knoxville or Sevierville, Tennessee, contact our criminal defense attorneys today for your free initial consultation.

Source: T.C.A. § 39-14-106.

The criminal defense attorneys at Baker Associates have successfully represented individuals charged with theft offenses in Tennessee.

According to Tennessee Code Annotated § 39-14-104, a person commits
Theft of Property who, with intent to deprive the owner of property, knowingly obtains or exercises control over the property without the owner's effective consent.

The penalty for Theft of Property depends upon the monetary value of the property:
(1) Class B Felony if the value of the services obtained is sixty thousand dollars ($60,000) or more, punishable by eight (8) to thirty (30) years and a fine up to $25,000.
(2) Class C Felony if the value of the services obtained is more than ten thousand dollars ($10,000) but less than sixty thousand dollars ($60,000), punishable by three (3) to fifteen (15) years and a fine up to $10,000;
(3) Class D Felony if the value of the services obtained is more than one thousand dollars ($1000) but less than ten thousand dollars ($10,000), punishable by two (2) to twelve (12) years and a fine up to $5,000;
(4) Class E Felony if the value of the services obtained is more than five hundred dollars ($500) but less than one thousand dollars ($1000), punishable by one (1) to (6) years and a fine up to $3,000;
(5) Class A Misdemeanor if the value of the services obtained is five hundred dollars ($500) or less, punishable by a maximum penalty of eleven months and twenty-nine days and a fine up to $2,500.00.

Theft of Property:
To be found guilty of the offense of Theft of Property, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:
(1) That the defendant obtained or excercised control over property owned by another; and
(2) That the defendant acted knowingly, i.e., acted with an awareness that his or her conduct was reasonably certain to cause the result.
(3) That the defendant did not have the owner's effective consent; and
(4) That the defendant intended to deprive the owner of the property.

If you have been charged with Theft of Property in Pigeon Forge or Sevierville, Tennessee, contact Baker Associates today for a FREE initial consultation.

Our attorneys have successfully represented individuals charged with misdemeanor and felony theft charges.

Sources: T.C.A. §§ 39-14-103, 39-14-105, 40-35-111; T.P.I. Crim. 11.01.

The criminal defense attorneys at Baker Associates have successfully represented individuals charged with theft offenses in Tennessee. In Tennessee, offenses such as embezzlement, false pretense, fraudulent conversion, larceny, and receiving or concealing stolen property are consolidated under the offense of Theft. Theft offenses include Theft of Property, Theft of Services, Joyriding, Extortion, Forgery, Criminal Simulation, Hindering Secured Creditors, Fraud in Insolvency, and Worthless Checks.

According to Tennessee Code Annotated § 39-14-104, a person commits
Theft of Services who:
(1) Intentionally obtains services by deception, fraud, coercion, false pretense or any other means to avoid payment for the services;
(2) Having control over the disposition of services to others, knowingly diverts those services to the person's own benefit or to the benefit of another not entitled thereto; or
(3) Knowingly absconds from establishments where compensation for services is ordinarily paid immediately upon the rendering of them, including, but not limited to, hotels, motels, and restaurants, without payment or bona fide offer to pay.

The penalty for Theft of Services depends upon the monetary value of the services:
(1) Class A Misdemeanor if the value of the services obtained is five hundred dollars ($500) or less, punishable by a maximum penalty of eleven months and twenty-nine days and a fine up to $2,500.00.
(2) Class E Felony if the value of the services obtained is more than five hundred dollars ($500) but less than one thousand dollars ($1000), punishable by one (1) to (6) years and a fine up to $3,000;
(3) Class D Felony if the value of the services obtained is more than one thousand dollars ($1000) but less than ten thousand dollars ($10,000), punishable by two (2) to twelve (12) years and a fine up to $5,000;
(4) Class C Felony if the value of the services obtained is more than ten thousand dollars ($10,000) but less than sixty thousand dollars ($60,000), punishable by three (3) to fifteen (15) years and a fine up to $10,000;
(5) Class B Felony if the value of the services obtained is sixty thousand dollars ($60,000) or more, punishable by eight (8) to thirty (30) years and a fine up to $25,000.

Theft of Services:
To be found guilty of the offense of Theft of Services, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:
(A)(1) That the defendant obtained services;
(2) That these services were obtained either by deception, fraud, coercion, false pretense or by any other means to avoid payment for these services; and
(3) That the defendant acted intentionally.
-or-
(B)(1) That the defendant had control over the disposition of services to others; and
(2) That the defendant diverted those services to his/her own benefit or to the benefit of another not entitled thereto; and
(3) That the defendant acted knowingly.
-or-
(C)(1) That the defendant absconded from an establishment where compensation for services is ordinarily paid immediately upon the rendering of these services; and
(2) That the defendant absconded without payment or a bona fide offer to pay; and
(3) That the defendant acted knowingly.

If you have been charged with "skipping out" on a restaurant or hotel bill in Pigeon Forge, splicing cable services from your neighbor in Knoxville, re-routing electrical services in Sevierville, or a similar Theft of Services offense, contact Baker Associates today for a FREE initial consultation.

Our attorneys have successfully represented individuals charged with misdemeanor and felony theft charges.

Sources: T.C.A. §§ 39-14-101, 39-14-104, 39-14-105, 40-35-111; T.P.I. Crim. 11.02.

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 § 39-13-218 defines Vehicular Homicide as the reckless killing of another by the operation of an automobile, airplane, motorboat or other motor vehicle, as the proximate result of the driver's alcohol or drug intoxication where:
(1) The defendant has two (2) or more prior convictions for:
(A) Driving Under the Influence of an intoxicant;
(B) Vehicular Assault; or
(C) Any combination of such offenses;
(2) The defendant has one (1) or more prior convictions for the offense of Vehicular Homicide; or
(3) There was, at the time of the offense, twenty-hundredths of one percent (.20%), or more, by weight of alcohol in the defendant's blood and the defendant has one (1) prior conviction for:
(A) Driving Under the Influence of an intoxicant; or
(B) Vehicular Assault.

Aggravated Vehicular Homicide:

In order to be found guilty of Aggravated Vehicular Homicide, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:
(1) That the defendant has two (2) or more prior convictions for driving under the influence of an intoxicant, vehicular assault, or any combination of such offenses; or
(2) That the defendant has one (1) or more prior convictions for the offense of vehicular homicide; or
(3)(a) That there was at the time of the offense .20% or more by weight of blood alcohol in the defendant's blood; and
(3)(b) That the defendant has one (1) prior conviction for driving under the influence of an intoxicant or vehicular assault.
"Prior conviction" means an offense for which the defendant was convicted prior to the commission of the instant vehicular homicide and includes convictions under the laws of any other state, government, or country, which, if committed in Tennessee, would have constituted vehicular homicide, vehicular assault, or driving under the influence of an intoxicant.

In vehicular homicide cases, the impairment or intoxication level of the alleged driver must be carefully considered in order to determine whether the accused will be convicted of Aggravated Vehicular Homicide or a lesser offense such as Criminally Negligent Homicide. Additionally, the prior criminal record and driving history of the defendant must also be thoroughly investigated to determine whether any prior convictions would allow for a conviction of Aggravated Vehicular Homicide.

It is important to hire a Tennessee criminal defense attorney if you are charged with Murder, Aggravated Vehicular Homicide, or another homicide offense. Aggravated Vehicular Homicide is a Class A felony. A person convicted of Aggravated Vehicular Homicide by intoxication 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 Aggravated Vehicular Homicide or another homicide offense in Knoxville, Sevierville, or Maryville, Tennessee, contact our experienced criminal defense attorneys as soon as possible to schedule a free consultation. Our team of attorneys will work quickly to investigate and prepare your defense, as well as seek the services of a private investigator, accident reconstructionist, and or toxicologist depending on the specific facts of your particular case in order to adequately defend you.

For additional information on DUI and other Alcohol-related offenses, click here.

Sources: Tenn. Code Ann. § 39-13-218; Tenn. Code Ann. § 40-35-111; T.P.I. Crim. 7.11.

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 § 39-13-213 defines Vehicular Homicide as the reckless killing of another by the operation of an automobile, airplane, motorboat or other motor vehicle, as the proximate result of:
(1) Conduct creating a substantial risk of death or serious bodily injury to a person;
(2) The driver's alcohol or drug intoxication;
(3) Conduct constituting the offense of Drag Racing.

Vehicular Homicide -- Intoxication:

In order to be found guilty of Vehicular Homicide by intoxication, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:
(1) That the defendant killed the alleged victim by the operation of a motor vehicle, automobile, airplane, or motorboat;
(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.
and
(3) That the killing was the proximate result of the driver's intoxication, i.e., having a blood alcohol level of .08% or higher or acting "under the influence" of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on teh central nervous system or under the influence of alcohol. "Under the influence" includes any mental or physical condition which is the result of taking intoxicants or drugs in any form and which deprives one of that clearness of mind and control of oneself which one would otherwise possess. It is not necessary that the person be in such a condition as would make him or her guilty of public drunkenness; the law merely requires that the person be under the influence of an intoxicant or drugs.

In vehicular homicide cases, the impairment or intoxication level of the alleged driver must be carefully considered in order to determine whether the accused will be convicted of Vehicular Homicide by intoxication, Vehicular Homicide by reckless conduct, or a lesser offense such as Criminally Negligent Homicide.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Murder, Vehicular Homicide, or another homicide offense. Vehicular Homicide by intoxication under section (2) is a Class B felony. A person convicted of Vehicular Homicide by intoxication is punished by imprisonment from 8 years to 30 years and can be fined up to $25,000.00. Additionally, a person convicted of vehicular homicide will be prohibited from driving a vehicle in the State of Tennessee for at least 3 years up to a maximum of 10 years.

If you or a close friend or relative has been charged withVehicular 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, as well as seek the services of a private investigator and an accident reconstructionist to adequately defend you.

For additional information on DUI and other Alcohol-related offenses, click here.

Sources: Tenn. Code Ann. § 39-13-213; Tenn. Code Ann. § 40-35-111; T.P.I. Crim. 7.08(b) and (c).

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 § 39-13-213 defines Vehicular Homicide as the reckless killing of another by the operation of an automobile, airplane, motorboat or other motor vehicle, as the proximate result of:
(1) Conduct creating a substantial risk of death or serious bodily injury to a person;
(2) The driver's alcohol or drug intoxication;
(3) Conduct constituting the offense of Drag Racing.

Vehicular Homicide -- Reckless Conduct:

In order to be found guilty of Vehicular Homicide by reckless conduct, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:
(1) That the defendant killed the alleged victim by the operation of a motor vehicle, automobile, airplane, or motorboat;
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 or a lesser offense, such as Reckless Vehicular Homicide.

It is important to hire a Tennessee criminal defense attorney if you are charged with Murder, Vehicular Homicide, or another homicide offense. Vehicular Homicide by reckless conduct under sections (1) or (3) is a Class C felony. A person convicted of Vehicular Homicide by reckless conduct is punished by imprisonment from 3 year to 15 years and can be fined up to $10,000.00. Additionally, a person convicted of vehicular homicide will be prohibited from driving a vehicle in the State of Tennessee for at least 3 years up to a maximum of 10 years.

If you or a close friend or relative has been charged withVehicular 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, as well as seek the services of a private investigator and an accident reconstructionist to adequately defend you.

Sources: Tenn. Code Ann. § 39-13-213; Tenn. Code Ann. § 40-35-111; T.P.I. Crim. 7.08(a).

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 § 39-13-212 defines Criminally Negligent Homicide as criminally negligent conduct that results in death.

Criminally Negligent Homicide:
In order to be found guilty of Criminally Negligent Homicide, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:
(1) That the defendant's conduct resulted in the death of the alleged victim;
and
(2) That the defendant acted with criminal negligence, i.e., the defendant ought to have been aware of a substantial and unjustifiable risk that the alleged victim would be killed. The risk must be of such a nature and degree that the failure to perceive it 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 "criminal negligence" is established if it is shown that the defendant acted either intentionally, knowingly, or recklessly.

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 or a lesser offense, such as Criminally Negligent Homicide.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Murder, Criminally Negligent Homicide, or another homicide offense. Criminally Negligent Homicide is a Class E felony. A person convicted of Criminally Negligent Homicide is punished by imprisonment from 1 year to 6 years and can be fined up to $3,000.00.

If you or a close friend or relative has been charged with Criminally Negligent 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. § 39-13-212; Tenn. Code Ann. § 40-35-111; T.P.I. Crim. 7.07.