Tennessee Criminal Lawyer Blog

Tennessee Criminal Lawyers and courts must take steps to insure Domestic violence and domestic assault cases result in a better situation for all parties involved. Our Tennessee attorneys handle both domestic assault and orders of protection in the Knoxville, Sevierville, Pigeon Forge and Gatlinburg area. While the judicial process helps address family concerns, lawyers should encourage their clients to work with family therapists and anger management teams to create better environments for adults and children. Statutes governing orders of protection and domestic assault are designed to help keep Tennessee families safe. If you are facing domestic assault charges or an order of protection, however, these matters can have a drastic impact on you and your family.

Assault can happen in one of several ways. According to the Tennessee Annotated Code, a person commits assault when they:
• Intentionally, knowingly or recklessly cause bodily injury to another;
• Intentionally or knowingly cause another to reasonably fear imminent bodily injury; or
• Intentionally or knowingly cause physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.

Domestic assault occurs when the assault is committed on a family or household member. According to Tennessee law, a family or household member is:
• A spouse or former spouse;
• A person related by blood or marriage;
• A person that the defendant lives with or has lived in the past;
• The mother or father of the defendant’s children.

Depending on the circumstances, a domestic assault can be punished as a misdemeanor or a felony. Someone convicted of domestic assault could be punished with a fine or with a jail sentence of months or even years.

An order of protection is a civil order issued by the Tennessee court intended to prevent one person from harming another. Only people that have specific types of relationships with each other can qualify for an order of protection. Among the types of people who can qualify for an order of protection are:

• Adults or minors who are current or former spouses;
• Adults or minors who live together or who have lived together;
• Adults or minors who are dating or who have dated or who have or had a sexual relationship;
• Adults or minors related by blood or adoption;
• Adults or minors who are related or were formerly related by marriage; or
• Adult or minor children of a person in a qualifying relationship.

Recent changes in the law mean that sexual assault victims and stalking victims also qualify for orders of protection. Orders of protection are civil, rather than criminal matters. A violation of an order of protection, however, can still mean jail time. If an order of protection is issued by a Tennessee court, violating that order means the offender faces civil contempt and can serve time in jail.

If you are facing domestic assault charges or an order of protection, a Tennessee attorney can be your greatest asset. Our Tennessee attorneys vigorously defend your case to bring your situation to the best resolution possible.

According to Tennessee law, any person who unlawfully enters the property of another may be guilty of trespassing. The penalties for this offense vary depending on whether the trespass was civil or criminal. If the accused person uses force to enter the property and has knowledge that the owner has not consented to the entry, the trespass is criminal. If the property is entered without force the trespass is civil. Any person who commits a civil trespass may be sued for monetary damages, but they will not face criminal charges. Criminal trespassing, however, may result in criminal charges against the offender.

How do you know when you don’t have the owner’s effective consent? Tennessee statutes list a variety of ways that knowledge of the owner’s consent may be given or implied. A communication from the owner can give knowledge of the owner’s consent or lack of consent. A fence or enclosure around the property can convey the owner’s lack of effective consent. Any obviously visible sign can also convey the owner’s lack of effective consent. Tenn. Code Ann. 39-14-405 (2006). Additionally, an owner can convey his lack of consent by posting signs approved by the wildlife resources agency that state “Hunting by Written Permission Only”. These signs must also show the name of the owner and be accompanied by florescent visual markings around the perimeter of the property. Tenn. Code Ann. 70-4-106 (2006).

Criminal trespass is a Class C Misdemeanor and can be punished by a fine or a sentence of up to 30 days in jail. Tenn. Code Ann. 40-35-111 (2006). Criminal trespass charges, like any criminal charges, can profoundly impact you and your family. When dealing with criminal charges, it is important to find an experienced and effective Tennessee attorney, who can help find the best resolution for you and your family.

Recent amendments have changed the way Tennessee prosecutes statutory rape in some situations. The Child Protection Act of 2006 made changes to several aspects of Tennessee law including the definition of statutory rape. The definition of statutory rape has been expanded to include different types of offenses and penalties based on the respective ages of the victim and the defendant. Previously statutory rape was a Class E felony defined as unlawful sexual penetration between the defendant and victim when the victim was between thirteen and eighteen years old and the defendant was at least four years older than the victim. (Tenn. Code Ann. 39-13-506 2003). By passing the Child Protection Act of 2006 in July of 2006, the legislature changed the definition of statutory rape and defined the crimes of mitigated statutory rape and aggravated statutory rape.

Statutory rape is now defined as unlawful sexual penetration between the defendant and victim when the victim is between thirteen and fifteen years old and the defendant is four years older or when the victim is between fifteen and eighteen years old and the defendant is five years older. Mitigated statutory rape occurs when the victim is between fifteen and eighteen years old and the defendant is between four and five years older than the victim. Aggravated statutory rape occurs when the victim is between the ages of 13 and 18 and the defendant is at least 10 years older. (Tenn. Code Ann 39-13-506 2006) These changes in the law affect the penalties associated with these offenses. Mitigated statutory rape and statutory rape are both Class E felonies with a potential one to six year sentence. Aggravated statutory rape is a Class D felony with a potential two to twelve year sentence. Both men and women can be prosecuted for these offenses.

Statutory Rape under the Child Protection Act of 2006
Mitigated Statutory Rape: Victim 15-18 years old, Defendant 4-5 years older, Class E felony

Statutory Rape: Victim 13-15 years old, Defendant at least 4 years older, Class E felony

Statutory Rape: Victim 15-18 years old, Defendant at least 5 years older, Class E felony

Aggravated Statutory Rape : Victim 13-18 years old, Defendant at least 10 years older, Class D felony

In any situation where you or your family is dealing with the issue of statutory rape, it is very important to consult an experienced criminal law attorney. An attorney will help you understand and analyze the charges you are dealing with and help get your life back on track.