Flagrant Nonsupport :: Tennessee Criminal Lawyer Blog

Our last blog focused on the offense of nonsupport, which, like many other criminal offenses, is classified in various degrees. Just like an assault can be elevated to an aggravated assault through the use of a deadly weapon or the causation of serious bodily injury, nonsupport can be elevated into the offense of flagrant nonsupport by the existence of aggravating factors. Accordng to the statute, there are two ways that nonsupport can become flagrant.

(d) A person commits the offense of flagrant nonsupport who:
(1) Leaves or remains without the state to avoid a legal duty of support; or

(2) Having been convicted one (1) or more times of nonsupport or flagrant nonsupport, is convicted of a subsequent offense under this section.

First, a person can be found guilty of flagrant nonsupport for purposefully leaving the state or failing to reenter the state for the purpose of avoiding supporting one's family. The policy behind this aggravating factor is pretty clear: someone simply should not be able to flee the state to avoid supporting his or her dependents. This enhancement factor is meant to discourage individuals from uprooting in order to shirk the obligations imposed upon that person by law.

Second, a person can be found guilty of flagrant nonsupport is he or she has been previously convicted of nonsupport of any kind in the past. This is another fairly simple principle: repeat offenders deserve a harsher punishment than first-time offenders. Many statutes, like the DUI statute for example, operate on a simple principle.

Flagrant nonsupport is a felony in Tennessee, punishable by up to six years in prison. However, as discussed in our previous blog, there are several defenses that someone may avail themselves of, including the defense that a person was simply unaware that a dependent existed or was actually unable to provide support to a dependent for some legitimate reason. If you have been charged with any criminal offense, contact an East Tennessee criminal defense attorney to explore any possible defenses in your case.