Tennessee Criminal Lawyer Blog

It is one of life’s unspoken rules that you don’t just take the “last one” of something without asking. For example, you don’t take the last slice of pizza or the last dinner roll without asking around to see if anyone else wants it. Failure to do so may earn you some nasty glares and snide comments, or, if you are in the company of forty-one year-old Elizabeth Breeden from Land O’ Lakes, Florida, a good old-fashioned beat down. Ms. Breeden made the news recently when a dispute between her and her boyfriend over who would get the last Natural Light beer turned physical. The boyfriend reportedly opened the beer (without asking it seems) and was immediately swarmed by his girlfriend who was attempting to get the beer out of his hand. She was eventually able to gain some control over the prized beverage and ripped the can in half, spilling its contents on the boyfriend which caused him to stand up. This proved to be a mistake, however, as he was reportedly met with a slap to the face and swift kick to the groin for his efforts. Eventually the police were called and she was charged with domestic battery.

In Tennessee, the woman would be charged with domestic assault. Although the above-described situation is humorous to a point, domestic violence situations certainly are not, and persons found guilty of domestic assault face up to eleven months and twenty-nine days in jail, a fine of up to $200, and loss of the right to carry or even possess a firearm. This is a fairly stiff punishment, and defendants in such situations may need to prove that no assault actually occurred in order to avoid such a sentence. This can be done by showing that the defendant did not intentionally, knowingly, or recklessly cause injury to the victim or that the defendant was actually acting in self-defense. Tennesseans facing such charges would be wise to consult an experienced criminal defense attorney who can assist them in weighing all of their options and defenses.

Source: http://www.aolnews.com/weird-news/article/elizabeth-breeden-jailed-after-police-say-she-fought-boyfriend-for-last-can-of-beer/19524699

Domestic violence is the root of a great deal of the criminal charges that pop up in Tennessee courts every day. It is no secret that familiarity often breeds tension and that people who spend a significant amount of time together and deal with many of life’s most serious problems together sometimes get in disputes that are taken too far. Domestic disputes sometimes rise to the level that they leave one party feeling for his or her safety. Tennessee law provides for a mechanism, called an order of protection, which allows a person who is in or has been in a domestic relationship with another person to get a court order that will impose criminal penalties on the other person if they engage in a form of forbidden contact with the victim. Plainly put, an order of protection can basically forbid one party (who will be labeled the “respondent”) from having contact with another party (the “victim”) by imposing criminal sanctions on the respondent if the order is violated.

The next few blogs on this site will deal with orders of protection, focusing on the criminal ramifications of violating the orders. However, some basic background information is necessary to understanding exactly what these orders do and don’t do. One of the most basic questions regarding orders of protection is “Who can actually get one?”

Tennessee law provides that victims must be or have been in a domestic relationship with the respondent that falls into one of a variety of categories, including: people who are currently or have formerly been in a dating or sexual relationship, current or former spouses, current or former cohabitants, people who are or were related, and people who are or were children of someone in a relationship of the type described in this article. While this rule seems pretty simple and provides a great deal of guidance as to who can obtain restraining orders, modern society presents many types of complex relationships that may or may not fall clearly within these categories. If an order of protection has been issued against someone you who feels like he or she may not be covered by this rule, consulting an experienced criminal defense attorney is advisable, since he or she can assist you in contesting the order and avoiding the criminal repercussions that may potentially follow the issuance or violation of the order.

Fifty-three year-old Elsie Egan of Marion County, Florida is particular about her menu. So particular, in fact, that she used a raw steak to beat some sense into her long-time boyfriend Peter on Tuesday for disagreeing about what type of bread the couple would have at dinner. Elsie wanted Peter to eat sliced bread, while Peter wanted rolls. He should have just settled for the sliced bread. Apparently the disagreement became heated and Elsie began hitting Peter on top of the head with an uncooked medium-sized steak. Egan denies wielding the deadly steak but does admit to slapping Peter several times so that he could learn the error of his ways. She is facing felony domestic abuse charges.

For purposes of classifying this conduct in Tennessee, it would be necessary to determine if a steak was considered a deadly weapon. Domestic abuse is punished equivalent to assault in Tennessee and assault with a deadly weapon is classified as aggravated assault. Red meat, while linked to heart disease and various other maladies, may not be the type of deadly weapon contemplated by the Tennessee statute, but it is debatable. The definition of deadly weapon in Tennessee includes “[a]nything that in the manner of its use or intended use is capable of causing death or serious bodily injury,” which technically means that if you used a steak to beat someone to death it might be considered a deadly weapon. That seems to be the way it was interpreted by the Florida authorities which led to the felony domestic abuse charges against Ms. Egan.

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Under present law, first degree murder in Tennessee is:
• A premeditated and intentional killing of another;
• A killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, act of terrorism, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child or aircraft piracy; or
• A killing of another committed as the result of the unlawful throwing, placing or discharging of a destructive device or bomb.

Senate Bill 1093 expands first degree murder as homicide crimes in Tennessee by including within the actions that constitute first degree murder the killing of another while committing domestic abuse if there was a past pattern of abuse upon the victim or another family or household member and the death occurs under circumstances manifesting an extreme indifference to human life.

Under Tennessee domestic abuse law, domestic abuse victims include:
• 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.

To constitute extreme indifference to human life, the defendant’s conduct must be so lacking in concern for the lives of others that it warrants the same criminal liability as if the crime was done for the purpose of taking life.

If charged with first degree murder, you are facing the most severe punishments available under Tennessee law. Sentences can include life in prison or even the death penalty. This is why you will want a skilled attorney who has had considerable success in defending people who have been accused of this most serious crime. Call the experienced Knoxville assault attorneys today at Baker Associates for a free and comprehensive case evaluation.

Most people believe that domestic assault involves violence between husbands and wives. However, under Tennessee law, Tenn. Code Ann. § 39-13-111, domestic assault is much more than that.

Domestic assault in Knoxville follows most of the same guidelines as general assault, found in Tenn. Code Ann. § 39-13-101. General assault can be broken down into three separate actions: (1) intentionally, knowingly, or recklessly causing physical injury to another; (2) intentionally or knowingly causing another to be fearful of physical injury; and (3) intentionally or knowingly causing contact with another that would be considered extremely offensive or provocative.

Domestic assault involves all of these same criteria. The difference between general assault and domestic assault is that under domestic assault the individuals involved have specific relationships to one another. Domestic assault can be between a number of different groups, including: husbands and wives, former spouses, persons who live together, persons who are dating, sexual partners, and blood relatives. If an act that would be classified as assault occurs between individuals with one of these relationships, that offense can then be classified as domestic assault.

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