Tennessee Criminal Lawyer Blog

Orders of protection have the distinction of being one of the few types of action that start out as civil matters but can quickly turn into serious criminal matters with as little as a phone call from the respondent to the petitioner. Many individuals do not comprehend the ramifications of having an order of protection or restraining order issued against them and likewise do not seem to take seriously the prohibitions that such orders place on the conduct of those whom they are issued against. Typically, an order of protection prohibits the respondent from possessing firearms and from having any contact with the petitioner whatsoever. However, such orders are usually issued in cases where the respondent and petitioner had a close relationship prior to everything turning sour, meaning that respondents are often tempted to violate such orders in an effort to patch things up or to let the petitioner know how they feel about everything.

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Of all the misdemeanor offenses contained in the Tennessee Code, domestic assault may be the one that has the greatest ramifications for defendants. As a Class A or B misdemeanor depending on the circumstances, defendants charged with domestic assault are looking at up to eleven months and twenty-nine days in jail in addition to several other forms of punishment that will be discussed below. When any individual is charged with an offense, it is important for that individual and his or her criminal defense attorney to be familiar with both the elements of the offense and all the possible consequences.

The elements of domestic assault are very straightforward. First, the action that led to the charges must meet the elements of “assault” as set forth by T.C.A. §39-13-101, meaning the accused must have:

(1) Intentionally, knowingly or recklessly causes bodily injury to another;

(2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or

(3) Intentionally or knowingly causes physical contact with another and a reasonable person
would regard the contact as extremely offensive or provocative.

It is important to note that Tennessee’s statute allows a person to be convicted of assault even if he or she never made contact with the alleged victim, putting to rest a common misconception that there must be contact in order for an assault to occur. In addition to constituting an assault, an action leading to a domestic assault charge must also be committed against a victim who has a domestic relationship with the defendant, meaning the relationship of the victim to the defendant must qualify as one of the following relationships:

(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, but does not include fraternization between two (2) 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 in a relationship that is described in subdivisions (a)(1)-(5).

If both the assault elements and the domestic relationship element are satisfied, a person can be convicted of domestic assault. One a person is convicted he or she faces jail time as mentioned previously, but also faces several other potential consequences. The domestic assault statute, T.C.A. §39-13-111 provides that once a person is convicted of domestic assault he or she may have to pay an additional fine and be prohibited from possessing any and all firearms for the rest of his or her life. Further, the convicted individual may have to attend domestic violence classes such as a batterer’s intervention program, perform community service, and serve a lengthy probationary sentence. While different district attorney’s offices handle cases in different ways and the punishments may differ depending on whether you are in court in Pigeon Forge, Jonesborough, Johnson City, Knoxville, or any other city or county, it is important for a defendant to be familiar with the entire range of possible punishments in order to make sound decisions during the plea and trial phase of the process.

The offense of domestic assault is one for which the mere act of being charged can have substantial ramifications. When a person is charged with domestic assault, the court almost always makes it a condition of that individual’s bond that he or she is to have no contact with the alleged victim. Failure to abide by this order can result in the imprisonment of the defendant even before any adjudication has been made on the charge of domestic assault. For this reason, it is important to hire an experienced criminal defense attorney early in the process and to follow that individuals advice at all times.

One of the aims of criminal law is to regulate conduct that society, namely the legislature, deems unacceptable. However, many acts that may be unacceptable to a great deal of people simply aren't covered by Tennessee's criminal law, regardless of how offended someone may be by such actions. For this reason, an essential part of every case a skilled Tennessee criminal defense lawyer takes is looking at the exact language of the statute under which a defendant is charged and making sure that every criminal element is proven at trial.

Continue reading "Court Rules That "Creepy" Behavior Not Sufficient to Sustain Conviction" »

As any first-time parent will admit, there is a terrifying moment that occurs around about the time that you first take your baby home where you realize that you have no idea what you are doing with this human that came home with you. There are lots of ways to cope with this situation, such as enlisting the assistance of relatives, simply giving it your best shot and learning as you go, or, if all else fails, selling your baby to the highest bidder at Taco Bell.

Continue reading "Lady Tries to Sell Son at Taco Bell" »

Most people think of a traffic citation as little more than an annoyance that can generally be taken care of through the expenditure of a little bit of time and a couple hundred dollars. For some individuals, a traffic citation can lead to a mandatory appearance at a location far from that person's home or potentially harsh penalties that can result in the loss of one's driving privileges if the ticket is not handled properly.

Continue reading "Smallest Offenses Can Pose Huge Problems" »

Some people just like to pull off a good prank every now and then, and high-school boys are certainly no exception. In fact, it is a tradition at many high schools for members of the graduating class to get together and pull a senior prank on certain teachers or the school as a whole. Therefore, it should come as no surprise that an eighteen year-old student from an Indianapolis-area high school decided to put a certain type of "doll" in the bathroom on the last day of school as a seemingly harmless prank. What is surprising, however, is how horribly the prank backfired, resulting in the teen facing up to eight years in prison on multiple charges.

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In what may be the most famous criminal trial since the O.J. Simpson saga, a jury of twelve individuals from Florida shocked the world today when they deliberated for just over ten hours before returning with a verdict of not guilty in the first-degree murder trial of Casey Anthony. It is not a stretch to say that all the odds were seemingly against Ms. Anthony, who was accused of killing her daughter and storing her body in the trunk of her car before eventually dumping it in the woods. At trial, the prosecution seemingly did an effective job of proving to the jury several facts that weighed heavily against the defendant.

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