Retaliation for Past Action :: Tennessee Criminal Lawyer Blog

"Retaliation for Past Action" is an offense which has a title that is somewhat ambiguous as to exactly what conduct the statute makes criminal. However, that question is cleared up in the very lengthy definition provided in the statute:

A person commits the offense of retaliation for past action who harms or threatens to harm a witness at an official proceeding, judge, district attorney general, an assistant district attorney general, an employee of the district attorney general or a law enforcement officer, clerk, juror or former juror, or a family member of any such person, by any unlawful act in retaliation for anything the witness, judge, district attorney general, assistant district attorney general, employee of the district attorney general or a law enforcement officer, clerk, or juror did in an official capacity as witness, judge, district attorney general, assistant district attorney general, employee of the district attorney general or a law enforcement officer, clerk, or juror. The offense of retaliation for past action shall not apply to an employee of a clerk who harms or threatens to harm the clerk.

In layman's terms, this statute essentially makes it a crime for someone to harm another person or that person's family member in retaliation for that person's involvement as one of the designated types of individuals in an official proceeding. For example, this statute makes it a crime to retaliate against a judge because he or she sentenced you to a jail term you felt was excessive or to retaliate against a district attorney because you feel that he portrayed you unfairly to the jury in a criminal trial.

This charge is often accompanied by another charge which addresses the "retaliation" itself, such as assault or a homicide offense. However, the offense of retaliation for a past action is a serious offense in itself, classified as a Class E felony which carries up to six years of jail time in Tennessee. Having an experienced criminal defense attorney by your side will lessen the risk of retaliation in two ways. First, having a good lawyer will lessen the possibility that developments occur during a trial that would lead a person to retaliate. Second, an experienced attorney can help prepare a client for what to expect at trial and lessen the chance that something happens that catches the client by surprise and provokes them to take an unwise course of action. Contact an experienced East Tennessee criminal defense attorney today for assistance with your case.