Tennessee Criminal Lawyer Blog

In Tennessee, burglary is divided into three categories: Burglary, Aggravated Burglary, and Especially Aggravated Burglary. The offense charged depends upon the type of structure entered and/or the nature of the injury resulting from the offense.

If you have been charged with Burglary or other burglary-related offense in Tennessee, it is important to hire an experienced criminal defense attorney. At Baker Associates, our team of criminal defense attorneys have successfully represented individuals charged with burglary and other serious felony offenses.

Under Tennessee law, a person commits the offense of Burglary who, without the effective consent of the property owner:
(1) Enters a building other than a habitation not open to the public with intent to commit a felony, theft, or assault;
(2) Remains concealed in a building with the intent to commit a felony, theft, or assault;
(3) Enters a building and commits or attempts to commit a felony, theft, or assault; or
(4) Enters any freight or passenger car, automobile, truck, trailer, boat, airplane, or other motor vehicle with intent to commit a felony, theft or assault or commits or attempts to commit a felony, theft, or assault.

"Enter" means intrusion of any part of the body or intrusion of any object in physical contact with the body or any object controlled by remote control, electronic or otherwise. "Habitation" means any structure, including buildings, module units, mobile homes, trailers, and tents designed or adapted for overnight accommodation of persons. "Habitation" also includes a self-propelled vehicle that is designed or adapted for overnight accommodation of persons and is actually occupied at the time of initial entry of the defendant, as well as each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with the structure or vehicle.

All burglary offenses in Tennessee are felonies. A Burglary offense under sections (1), (2), or (3) is a Class D Felony, punishable by 2 to 12 years imprisonment, a fine up to $5,000, as well as additional requirements imposed by the trial judge, including restitution, court costs, anti-theft classes, drug & alcohol treatment, and anger management classes. A Burglary offense under section (4) is a Class E Felony, punishable by 1 to 6 years imprisonment, a fine up to $3,000, as well as additional restrictions imposed by the trial judge.

An arrest for any Burglary offense in Tennessee is very serious. It is important to hire an experienced criminal defense attorney to zealously represent you. If you or a relative has been arrested and charged with Burglary in Knoxville or Gatlinburg Tennessee, please contact Baker Associates today. Call the experienced criminal defense attorneys in our Knoxville or Sevierville office to schedule your initial free consultation.

If you have been arrested for Reckless Endangerment in Tennessee, it is important to hire an experienced criminal defense attorney to fight for you. The team of criminal defense attorneys at Baker Associates in Sevierville and Knoxville, Tennessee have successfully represented individuals charged with serious offenses including Reckless Endangerment.

In Tennessee, Reckless Endangerment is defined as engaging in conduct that places or may place another person in imminent danger of death or serious bodily injury. It is a Class A misdemeanor, punishable up to eleven months, twenty-nine days in jail and a fine not to exceed $2,500. However, if a deadly weapon is used in the commission of the offense, Reckless Endangerment is a Class E Felony, punishable from 1 to 6 years in prison and a fine up to $3,000.

An arrest for Reckless Endangerment may result from multiple different situations, including discharging a firearm in public and driving at a high rate of speed. It is important to hire an experienced attorney if you have been charged with Reckless Endangerment in Sevierville, Tennessee. Call the criminal defense attorneys at Baker Associates today for a free initial consultation.

Source: T.C.A. § 39-13-103.

If you have been charged with Vehicular Assault in Knoxville or Gatlinburg, Tennessee, you should contact our experienced criminal defense lawyers. It is important to act quickly so that our vehicular assault attorneys can begin investigating your case. In some cases, it is necessary to seek independent testing if a blood sample was taken after the traffic accident and to take pictures at the accident scene to ensure it is in the same or similar condition as the time of the accident.

Under Tennessee law a person commits Vehicular Assault who, as the proximate result of the persons' intoxication, recklessly causes serious bodily injury to another person by the operation of a motor vehicle, including both alcohol and drug intoxication. Commonly, persons charged with Vehicular Assault will also face prosecution for Driving Under the Influence - DUI - in Tennessee.

To be found guilty of Vehicular Assault, the State must prove each of the following elements beyond a reasonable doubt:
(1) That the defendant caused serious bodily injury (bodily injury that involves a substantial risk of death, protracted unconsciousness, extreme physical pain, protracted or obvious disfigurement, or protracted loss or substantial impairment of a function of a bodily member, organ, or mental faculty) to the alleged victim by the operation of a motor vehicle;
and

(2) That the serious bodily injury was the proximate result of the driver's intoxication (i.e., 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);
and
(3) 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.

Vehicular Assault in Tennessee is a Class D Felony, punishable by 2 to 12 years imprisonment, a fine up to $5,000, and the loss of driving privileges dependent upon the driver's prior criminal convictions for vehicular assault, vehicular homicide, and/or driving under the influence. The judge may also impose additional penalties such as alcohol and drug treatment, Victim Impact Panel, DUI School, Repeat Offender's School, community service, or other measures deemed necessary by the trial judge.

The penalties for Vehicular Assault are severe. A felony criminal conviction means the loss of rights, privileges, and liberty. If you have been charged with DUI, Vehicular Assault, or other alcohol or driving related offense, contact the experienced Vehicular Assault attorneys at Baker Associates in Sevierville, Tennessee for a free consultation.

Sources: T.C.A. § 39-13-106; T.P.I. Crim. 6.04.

Tennessee criminal defense attorneys represent persons who have been charged with stalking or other related criminal offenses. If you have been charged with the crime of stalking or other criminal offense, please contact our experienced Tennessee criminal defense attorneys in Knoxville and Sevierville, Tennessee.

According to Tennessee criminal law, "stalking" means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested. Examples of stalking include, but are not limited to, approaching or confronting that person in a public place, showing up at that person's workplace or residence, entering or remaining on property owned or occupied by that person, or sending mail or emails to that person.

To be found guilty of stalking, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:
(1) that the defendant repeatedly, on two or more separate occasions, either followed or harassed another person in such a manner as would cause that person to be in reasonable fear of being assaulted, suffering bodily injury, or death; AND
(2) that the defendant acted intentionally, i.e., it is the defendant's desire to engage in the conduct or cause the result.

Stalking is a Class A Misdemeanor, punishable up to eleven months, twenty-nine days imprisonment, a fine not to exceed $2,500.00, as well as any other special conditions that the judge may impose including a restraining order, anger management classes, etc.

It is important to hire a lawyer to represent you to protect your rights. If you have been charged with stalking or other related offense, call the Tennessee criminal defense attorneys at Baker Associates for a free initial consultation.

Sources: T.C.A. § 39-17-315; T.P.I. Crim. 30.12.