Tennessee Criminal Lawyer Blog

Driving off without paying for gas is a serious offense in Tennessee. Not only can you lose your license, but you can be put in jail and be required to pay fines. Probation, restitution and license restoration fees may also be involved. Moreover, a gasoline theft conviction goes on your permanent public record, risking your reputation and job opportunities.

What is gasoline theft? Gasoline theft is treated under the law as any other theft crime in that punishment is meted out based upon the value of the product stolen. Since in the typical case a tank of gas is less than $500, gasoline theft is usually charged as a Class A misdemeanor, carrying a prison sentence of no more than a year and/or up to a $2,500 fine.

As a theft crime, a person who is charged with gasoline theft also has available to him/her certain “affirmative” defenses. An affirmative defense is when you admit to certain factual allegations but assert other facts that constitute a legally recognizable excuse or justification for your actions actions. Self defense in a murder case is an example of an affirmative defense.

It is an affirmative defense to prosecution for gasoline theft that you either:

• acted under an honest claim of right to the property involved,


• acted in the honest belief that you had the right to obtain or exercise control over the gasoline, or


• obtained or exercised control over property honestly believing that the owner, if present, would have consented to you taking the gasoline.

Continue reading "Gasoline Theft and Affirmative Defenses" »

From time to time, I am asked what a person is legally supposed to do if he or she is involved in a Tennessee motor vehicle accident that results in injury. TCA 55-10-101 spells out a driver’s legal duties when involved in such accidents and imposes serious penalties on those who fail to comply.

The driver’s initial duty under the law is to immediately stop the vehicle at the scene of the accident. The law instructs that the vehicle should be stopped in a place that does not obstruct traffic anymore than is necessary.

The driver is also required to provide certain information to law enforcement personnel and to other drivers who were involved in the accident. The driver must provide the officer with his or her name, address and registration number of the vehicle driven. He must also, upon request, exhibit his license to the person struck or other attending person.

The driver is also under a duty to render “reasonable assistance.” This duty includes carrying, or the making of arrangements for the carrying, of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if carrying is requested by the injured person.

Continue reading "Responsibilities of Drivers When Involved in Car Accidents in Tennessee" »

In 2007, a Clarksville coach and teacher, Willard Ross, was shot and killed by a stray bullet in a Wal-Mart parking lot. The man who shot Coach Ross had a prior criminal record and did not have lawful possession of the handgun.

After receiving a letter from Mr. Ross’s family, representative Joe Pitts along with Senator Tim Barnes sponsored a bill intended to give law enforcement officers another tool to keep guns out of the hands of felony offenders. The law was passed in May 2009 and was officially entitled the Coach Willard Ross Act of 2009.

Effective July 1, 2009, the Act creates a Class A misdemeanor offense for purchases or attempted purchases of firearms by those who are prohibited from owning, possessing or purchasing firearms by state or federal law. The Act also creates a Class A misdemeanor offense for an individual who sells or offers to sell a firearm to a person whom he knows is prohibited from owning, purchasing or possessing a firearm according to state or federal law.

Continue reading "Coach Willard Ross Act of 2009" »

Under current DUI law, the introduction of the results of a blood alcohol test cannot be admitted into evidence without the defendant’s consent if blood was taken from the defendant while he or she was incapable of refusing the test (e.g., the defendant was unconscious).

The new law adds an exception to the blood alcohol test consent requirement. Enacted into law in May of 2009, the new law requires a law enforcement officer to cause the driver of a vehicle involved in an accident resulting in injury or death to another to be tested to determine the alcohol or drug content of the driver's blood, but only if the officer had probable cause to believe that the defendant driver had committed one of the following offenses:

• Driving under the influence of drugs or alcohol;
• Vehicular assault and aggravated vehicular assault; or
• Vehicular homicide.

Continue reading "New Law Allows Admission of Blood Alcohol Test Results Regardless of Defendant's Consent" »

The recent amendment to the gun permit law—T.C.A. 39-17-1311(b)(1)—also added a federal default regulation allowing persons authorized to carry handguns within the state of Tennessee to carry guns in its national parks so long as bringing the gun into the park does not violate federal law.

Under current federal law, in effect since the Reagan administration, registered gun owners were permitted to bring non-concealed, unloaded weapons into national parks. As of February of 2010, permit holders will be allowed to carry concealed, loaded guns and rifles into any national park or wildlife refuge located within a state that does not ban guns in parks for those who hold valid permits.

Continue reading "Concealed Handguns Allowed in Great Smoky Mountains National Park if Registered" »

Commenting on the possible cause of the current hostile fervor surrounding healthcare in America, Senator Arlen Specter stated, "I think there is a mood in America of anger with so many people unemployed, with so much bickering in Washington ... with the fear of losing their health care. It all boils over."

Protest, demonstrations and town hall disruptions can be seen everywhere, across the nation and right here in East Tennessee. While many have been and may likely be charged with loitering and disorderly conduct, others may also be charged with the more serious crimes of rioting. This blog entry lays out some of the basic elements of riot crimes in Tennessee. If charged with such a crime, you should contact an experienced Sevierville criminal defense attorney immediately.

Under Tennessee law, a riot means “a disturbance in a public place…involving an assemblage of three or more persons which, by tumultuous and violent conduct, creates grave danger of substantial damage to property or serious bodily injury to persons or substantially obstructs law enforcement or other governmental function.”

Continue reading "Inciting a Riot in Tennessee" »

In the paper this week was an article about how a younger brother intervened in an altercation between his older brother and mother resulting in a fatal stabbing of the older child. While the younger child could be charged with a homicide offense, the case brings to mind the defense of third persons defense recognized under Tennessee law.

Under T.C.A. 39-11-612, a person is justified in threatening or using force against another to protect a third person, if under the circumstances as the person reasonably believes them to be, the person would be justified in threatening or using force to protect against the use or attempted use of unlawful force reasonably believed to be threatening the third person sought to be protected. A person is justified if the person has reasonable belief that there is imminent danger of death or serious bodily injury to the third person, the danger creating the belief of imminent death or serious bodily injury is real or honestly believed to be real at the time, and the belief of danger is founded upon reasonable grounds.

Continue reading "Defense of Others Under Tennessee Law" »

Littering is a crime in Tennessee punishable as either a misdemeanor or felony depending on the weight or volume of the litter and the number of prior convictions.

You can be charged with criminal littering in three different ways: First, a person litters when he or she knowingly places, drops or throws litter on any public or private property without permission and does not remove it. Second, a person litters when he or she negligently places or throws glass or other dangerous substances on or adjacent to water to which the public has access for swimming or wading, or on or within fifty feet of a public highway. Third, a person litters when he or she negligently discharges sewage, minerals, oil products or litter into any public waters or lakes within the state.

There are three different types of littering offenses with punishments ranging from a small fine and minimal community service to jail time and substantial community service. Mitigated criminal littering is a Class C misdemeanor and is characterized as littering in an amount less than or equal to five pounds or one half cubic feet in volume. This crime is punishable by a $50 fine. Failure to pay the fine to the clerk of court may result in a judicial order to remove litter from public locations for no more than forty hours.

A more severe penalty is criminal littering, which is characterized as littering in an amount more than five pounds or fifteen feet in volume. Criminal littering is a Class B misdemeanor and is punishable by a fine and mandatory removing of litter from appropriate public locations for no more than 80 hours. A person convicted also may be required to work in a recycling center for up to eight hours.

Continue reading "Think Littering in Tennessee is Not a Crime, Think Again" »

A former Brushy Mountain corrections officer was acquitted last Wednesday of recklessly facilitating the escape of George Hyatte. In the case against the officer, the state’s attorney alleged that the corrections officer made two phone calls to Mr. Hyatte’s spouse and, while speaking to her, he informed her about lax security conditions at the Roane County Courthouse. While these actions were clear violations of Tennessee Department of Correction’s Policy, the facts did not amount to criminal conduct, according to Judge Eblen.

Why not? According to T.C.A. 39-16-607, an official of a prison who recklessly facilitates the escape of a person charged with a felony commits a Class C felony. Essentially, a person acts recklessly with respect to facilitation of escape when he consciously disregards a substantial and unjustifiable risk that escape will result from his conduct.

The problem with the case against the officer was that Mrs. Hyatte changed her testimony. Prior to the case, Mrs. Hyatte informed prosecutors that the officer assisted the couple in orchestrating the escape. However, at trial, Mrs. Hyatte testified that Mr. Hyatte told her to implicate the officer in the escape because he was upset that the officer gave him a mean look after the shooting. She also testified that Mr. Hyatte told her to implicate the officer because it might help them avoid the death penalty. She further testified that the escape plan was already determined prior to the officer’s informing them of lax security at the Roane County Courthouse and that the officer did not know that they were planning an escape.

Continue reading "Facilitating Escape Charges Dismissed Against Former Brushy Mountain Corrections Officer" »

Every year a news story hits the national airwaves about a person who unlawfully enters school premises to commit a crime. Sometimes the crime committed is sexual assault and, at other times, the crime is distribution of controlled substances.

Just this year, Jackson, Michigan, made national news after a man unlawfully entered onto the school grounds of a local middle school and allegedly attempted to sexually assault a female student. Based on video surveillance footage, a 27-year old male waited at the locked entrance to the school’s music room, waited until someone opened the door, entered, walked directly into a female restroom, and accosted the female victim. The man was charged with assault with intent to commit sexual penetration and second-degree criminal sexual conduct.

In Tennessee, under TCA 49-6-2008, the alleged perpetrator could also be charged with unlawful entrance upon school premises. The language of the statute reads: “[i]n order to maintain the conditions and atmosphere suitable for learning, no person shall enter onto school buses, or during school hours, enter upon the grounds or into the buildings of any school, except students assigned to that bus or school, the staff of the school, parents of students, and other persons with lawful and valid business on the bus or school premises.”

Continue reading "Persons Improperly on School Property" »

Just last week while driving in the middle lane on I-40, a police officer blew right by me going approximately 80 mph. He was not operating his blue lights or his sirens. Suffice it to say, driving at high rates of speed is unlawful even for emergency vehicles when not operating emergency equipment. It is also unlawful to text while driving—at least for the general public. And yes, while speeding, this officer seemed to be texting. The tail-tell signs: both hands resting at bottom of steering wheel grasping a small mechanical device, head directed downward.

But the new Tennessee traffic violation law does not apply to police officers. On April 23, 2009, the Senate adopted certain amendments to the text messaging law and passed Senate Bill 393, which, as amended, specified that the bill does not apply to officers of the state, or of any county, city or town, charged with the enforcement of the laws of the state, when in the actual discharge of their official duties.

Continue reading "Texting While Driving Unlawful in Tennessee, Except for Law Enforcement Officers and Emergency Personnel" »

According to the Knoxville Police Department, there were 109 home invasion robberies last year within the Knoxville city limits. There have already been 60 home-invasion robberies since January of this year.

The KPD insists that these numbers don’t mean that there is an epidemic of violent robberies in Knoxville. A spokesman for the KPD indicated that, since 2003, only 3 people have died and “several others” have been injured during the course of a home invasion.

He also indicated that most home invasions are usually fueled by the illegal drug trade. “In nearly every single incident, the facts of the investigation have indicated that there had been some kind of prior [illicit] business dealing between the suspects and the victims, or that it was family related. It’s very rare to have a complete stranger home invasion.”

Nevertheless, homeowners and tenants in Tennessee generally have the right to defend themselves against home invaders.

Under Tennessee law, a person can use deadly force to protect against someone who unlawfully and forcibly enters his or her home, without having the duty to retreat, if he or she has a reasonable belief that there is imminent danger of death or serious bodily injury. (The danger creating the belief of imminent bodily injury must also be real or honestly believed to be real at the time of the invasion, and the belief of danger must be founded upon reasonable grounds.)

Continue reading "Home Invasions in Tennessee" »

Getting a tattoo has become increasing popular in the United States. According to the article, The Changing Cultural Status of the Tattoo Arts in America, "[t]he culture status of tattooing has steadily evolved from that of an anti-social activity in the 1960s to that of a trendy fashion statement in the 1990s." New York Times op-ed columnist David Brooks echoed this sentiment by stating, "[o]ther people are trying to unveil their wild side. They're taking advantage of the fact that tattoos are associated with felons, bikers and gangstas. They're trying to show that far from being the dull communications majors they appear to be, they are actually free spirits - sensual, independent, a little dangerous."

Getting a tattoo is also popular amongst America’s youth. A quick google search for “minors” and “tattoos” yields several results of minors looking for ways to get around state laws prohibiting the tattooing of a person under the age of 18. According to an investigative report in the Cincinnati Enquirer, children circumvent tattoo laws by either finding the shops that don’t routinely check IDs or creating a fake ID. Children will also get tattoos by doing it themselves or having an unlicensed tattoo artist do it for them.

Given the risks associated with tattoos (e.g., contracting Hepatitis C) and the potential for abuse, most states regulate the tattoo industry. In fact, in Tennessee and in all of its bordering states, the commercial tattooing of a minor is prohibited.

Continue reading "Unlawful Tattooing of a Minor in Tennessee" »

Recently, an ex-official of a county government in Tennessee was accused of forgery and fabricating receipts during an official investigation into county expenditures. Since many news sources only name the crimes for which a suspect has been charged, this blog entry briefly outlines the substantive law applicable to these white collar crimes.

Forgery - Under T.C.A. § 39-14-114, a person commits a Class E felony if he or she forged a “writing” and did so with the intent to defraud or harm another. A common scheme occurs when an employee uses a company credit card or account for personal expenditures and then creates fake receipts to make it look like the expenditures were used for company purposes.

Fabricating Evidence - A more serious crime, under T.C.A. § 39-16-503, a person commits a Class C felony if he or she alters a record with intent to impair the truthfulness of the record while an investigation or proceeding is taking place. Using the example above, a person would commit this crime if the company was currently under an official audit and, the defendant, with knowledge that the audit was taking place and with intent to prevent the audit from targeting him or her, forged the receipts.

To learn more about white collar crimes , please visit the Baker Associates Tennessee criminal defense website.

Exercise of the First Amendment right of free speech is alive and well in the state of Tennessee. Recently, residents from Bristol and surrounding areas of East Tennessee came out to protest President Obama’s healthcare initiative outside a Kroger supermarket. From all reports, no arrests were made during the protest.

The same cannot be said about a demonstration that occurred on March 14 in front of the Tennessee Valley Authority headquarters, located near Market Square. During the protest, local residents, students and out-of-state activists demonstrated against mountaintop removal coal mining and the recent coal ash disaster affecting the residents of Harriman, Tennessee in Roane County.

After marching through downtown, some participants decided to stage a “die in” by falling to the sidewalk, symbolizing what they believed to be the deaths caused by the coal industry. Within a few minutes, law enforcement informed the participants that they were blocking a sidewalk and needed to leave. When they refused, they were arrested and charged with “loitering.”

Loitering is perhaps the most common offense charged during a protest or demonstration. In Tennessee, loitering falls under the general crime of disorderly conduct. In the protest context, you can (lawfully) be arrested for 1) refusing to obey an officer’s order to disperse so long as the order is issued to maintain public safety during an emergency situation, 2) creating a hazardous or physically offensive condition by an act that serves no legitimate purpose, or 3) making an unreasonable noise that prevents others from carrying on lawful activities.

Continue reading "Arrested During a Peaceful Protest or Demonstration?" »

Contributing to the delinquency of a person under the age of 18 is a crime in Tennessee and is punishable by up to a year in jail and/or a $2,500 fine. Additionally, if vandalism is involved, the defendant may be responsible for the costs of repair and restoration.

To be found guilty of the crime, the state must prove that the defendant contributed to or encouraged delinquency, a delinquent act, or unruly behavior of a child. A delinquent act is conduct that amounts to a crime under state law, federal law, or local ordinance. On the other hand, unruly behavior consists of habitual truancy, disobedience to parents, commission of crimes only applicable to children (such as underage drinking), and running away from home.

Examples of contributing to the delinquency of a minor include encouraging or enabling a child to:

• Watch sexually explicit materials (pornography);


• Smoke cigarettes or otherwise use tobacco products;


• Drink alcohol;


• Sell or use controlled substances like marijuana, ecstasy, LSD, and prescription drugs;


• Skip school; and


• Theft.

Continue reading "Contributing to the Delinquency of a Minor in Tennessee" »