Tennessee Criminal Lawyer Blog

A charge of unlawful photographing in Tennessee will have serious consequences attached to the outcome of the case. If you are dealing with unlawful photographing charges in Tennessee, consult an experienced criminal defense attorney. A Tennessee criminal law attorney will help you understand and analyze the charges against you. This will be an important step in getting your life back to order.

The offense of unlawful photographing in violation of privacy is very similar to the offense of observation without consent. Both offenses deal with invading someone else’s reasonable expectation of privacy. According to Tennessee law, it is an offense for a person to knowingly photograph, or cause to be photographed an individual, when the individual is in a place where there is a reasonable expectation of privacy, without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor's parent or guardian, if the photograph:

• Would offend or embarrass an ordinary person if such person appeared in the photograph; and
• Was taken for the purpose of sexual arousal or gratification of the defendant. Tenn. Code Ann. § 39-13-605 (2007).

The word "photograph" above means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission of any individual so that the individual is readily identifiable.

The punishment for unlawful photographing depends upon whether the photograph has been disseminated. If the photograph has been disseminated, the violation is a Class E felony. If the photograph has not been disseminated, the violation is a Class A misdemeanor. If you have been charged with unlawful photographing, or any crime, contact a criminal defense attorney. Our attorneys handle misdemeanor and felony charges in Knoxville, Sevierville, Johnson City, Morristown, Alcoa, and Newport.

Tennessee criminal defense attorneys know that the courts and the district attorney take accusations of assault and domestic assault very seriously. If you have been charged or investigated, contact a Tennessee criminal defense attorney immediately.

Tennessee criminal defense lawyers represent people in Johnson City, Bristol, Chattanooga, Morristown, Loudon and all communities of Knox County, Sevier County, Blount County, and Cocke County, Tennessee. There is much at stake on the outcome of your case, including jail time or fines, your reputation, and other consequences such as a criminal record. If you are a government or municipal employee, a conviction may cost you your job. You also lose your right to possess firearms for certain violations.

If the authorities have reasonable grounds for a charge of assault or domestic assault, you can be arrested immediately. These cases are rarely dismissed. The case often moves forward even if the victim doesn't testify or refuses to press charges. It is critical to have a qualified and aggressive defense by an experienced criminal law attorney.

Tennessee criminal defense attorneys have defended against all types of assault and domestic violence situations: husband/wife, boyfriend/girlfriend, father/son roommate/roommate or mother/daughter. In addition to assault and domestic assault charges, we challenge the issuance of restraining orders and orders of protection. Protect your rights. Contact a Tennessee assault attorney if you have been charged with assault or domestic assault in the East Tennessee area. We offer a free initial consultation.

Tennessee Traffic Lawyers know how important a clean driving record can be. If you receive a moving traffic violation, you risk losing your drivers license, paying high fines, and steep increases in your insurance premiums. In some extreme cases, you could even face the possibility of jail time. Our Tennessee traffic citation attorneys handle all types of moving violations in the Knoxville, Sevierville, Pigeon Forge, and Gatlinburg area.

Not only can you lose points for speeding, you can lose points for all moving traffic violations. All drivers start out with zero points on your driving record. You can not get 12 points placed on you license within a 12 month period. If you do, then you risk your license being suspended. It is important to realize that not all moving traffic violations are valued the same. How many points that will be applied toward your license depends upon the nature of the offense. The following list displays how many points a moving traffic violation will cost you towards your Tennessee license.

Following emergency vehicle unlawfully (2 points)
Failure to signal change of vehicle direction (2 points)
Failure to maintain control or improper control (3 points)
Operating without being licensed (3 points)
Operating without license required for type of vehicle being operated (3 points)
Speed less than posted minimum (3 points)
Making improper turn (3 points)
Following improperly (3 points)
Violation of bumper law (4 points)
Careless or negligent driving (4 points)
Failing to yield right of way (4 points)
Wrong way, side, or direction (4 points)
Improper passing – Passing where prohibited (4 points)
Signs and control devices – Failure to obey traffic instructions (4 points)
Leaving the scene of an accident (property damage only) (5 points)
Fleeing law enforcement officer (6 points)
1st Offense violation of driver license restrictions (6 points)
Passing school bus taking on or discharging passengers (6 points)
Reckless driving (6 points)
Adult driving while impaired (8 points)
Reckless endangerment by vehicle – misdemeanor (8 points)
Driving while license canceled (8 points)
Operating without being licensed (8 points)
No license for type of vehicle being operated (under suspension) (8 points)

If you receive a moving traffic violation in Tennessee, you should understand the consequences of a guilty plea and how that plea will affect your license. A drivers license is important. People that lose them have difficulty obtaining a new license. If you receive a moving traffic violation, contact a Tennessee Traffic Citation lawyer. Our lawyers help with traffic problems in Knoxville, Sevierville, Newport, Maryville, and Jefferson City.

Tennessee traffic ticket attorneys help motorists with their moving and non-moving violations. Our traffic lawyers handle everything from parking tickets to license suspension hearings. If you have a CDL, it is important for you to realize that certain violations may cost you your CDL license.

According to federal law, a driver will lose his CDL if he has two serious traffic violations within a three-year period while operating a CMV (commercial motor vehicle).
Serious traffic offenses include the following:

• Speeding excessively, involving any speed of 15 mph or more above the posted speed limit;
• Driving recklessly, as defined by State or local law or regulation, including but not limited to, offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property;
• Making improper or erratic traffic lane changes;
• Following the vehicle ahead too closely;
• Violating State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident;
• Driving a CMV without obtaining a CDL;
• Driving a CMV without a CDL in the driver’s possession.

If you are charged with speeding or any other traffic related offense, contact a traffic citation lawyer. Our office handles these cases in Knoxville, Maryville, Newport, Johnson City, Sevierville, Morristown, and Greenville.

Tennessee criminal defense lawyers help clients with criminal charges in Knoxville, Sevierville, Pigeon Forge, Gatlinburg, Morristown, Maryville, Johnson City, and Chattanooga. The crime of resisting arrest occurs where a person intentionally prevents or obstructs a law enforcement officer from arresting any person by using force against the officer or another.

According to Tennessee law, it is an offense for a person to intentionally prevent or obstruct anyone known to the person to be a law enforcement officer, or anyone acting in a law enforcement officer's presence and at the officer's direction, from effecting a stop, frisk, halt, arrest or search of any person, including the defendant, by using force against the law enforcement officer or another. Tenn. Code Ann. § 39-16-602 (2007).

Although the fleeing suspect may be charged with resisting arrest, he or she still has certain constitutional rights that must be not be violated. An unarmed fleeing suspect has a constitutional right not to be apprehended by the use of deadly force unless there is probable cause to believe that the suspect poses a threat of serious physical injury either to the officer or to others. When an arrestee is resisting arrest for a mere misdemeanor, a police officer is not privileged to use a weapon in such a way as to create a high degree of probability of serious injury to the arrestee, when other avenues are available to effect the arrest while maintaining his own personal safety and that of others present. It is typically not a defense in Tennessee that the stop, frisk, halt, arrest or search was unlawful.

A violation of this section is a Class B misdemeanor. A Class B misdemeanor in Tennessee carries a maximum of six months imprisonment, or a maximum fine of five hundred dollars, or both. If the defendant uses a deadly weapon to resist the stop, frisk, halt, arrest, search or process server, the violation is a Class A misdemeanor. A Class A misdemeanor is punishable by a maximum of eleven months, twenty-nine days imprisonment or a fine not to exceed two thousand five hundred dollars, or both. If you are charged with resisting arrest in Tennessee, or any other crime, contact a criminal defense attorney.

Tennessee criminal defense lawyers know that solicitation of a minor, especially when the solicitation is online, is heavily investigated and targeted both by federal and state law enforcement agencies. Men typically instigate the inappropriate contact with another, although females are certainly subject to prosecution.

Under Tennessee law, the contacted person may be either real or a decoy. The word solicitation is synonymous with the word ask, so the offense is committed whether or not the solicited act is followed through or not. In other words, it is no defense that the solicitation was unsuccessful or that the conduct solicited was not engaged in. Liability lies when the question is asked with the appropriate level of intent.

According to Tennessee law, it is an offense for a person eighteen years of age or older, by means of oral, written or electronic communication, electronic mail or Internet services, directly or through another, to intentionally command, request, hire, persuade, invite or attempt to induce a person whom the person making the solicitation knows, or should know, is less than eighteen years of age, or solicits a law enforcement officer posing as a minor, and whom the person making the solicitation reasonably believes to be less than eighteen years of age, to engage in conduct that, if completed, would constitute:

(1) Rape of a child;

(2) Aggravated rape;

(3) Rape;

(4) Aggravated sexual battery;

(5) Sexual battery by an authority figure;

(6) Sexual battery;

(7) Statutory rape;

(8) Especially aggravated sexual exploitation of a minor; or

(9) Sexual activity involving a minor. Tenn. Code Ann. § 39-13-528 (2007).

The punishment for solicitation of a minor depends upon the classification of the crime solicited. Solicitation of a minor constitutes an offense one classification lower than the most serious crime solicited. If you have been accused of solicitation of a minor in Tennessee, contact a sex offense attorney. Your first meeting to discuss your options is free. Our sex offense lawyers handle sex offense cases across East Tennessee including Knoxville, Johnson City, Loudon, Alcoa, Maryville, Chattanooga, Sevierville, Morristown, and Newport.

Tennessee sex crime attorneys defend people charged with sex crimes in a respectful and confidential manner. Given the public stigma attached to a sex crime, it seems like people are often presumed to be guilty. Prosecutors sometimes charge a person with a sex crime with little or no factual evidence.

If you are charged with a sex crime in Tennessee, protect your rights by contacting a sex crime lawyer for a free initial consultation. Many times, these charges come down to circumstantial evidence. Our firm handles sex crimes cases including charges of:

• Rape
• Statutory Rape
• Sexual Battery
• Indecent Exposure
• Exploitation of a Minor by Electronic means

False accusations of any sex crime will cause a disaster in your life. When facing such allegations, you need an attorney to defend you aggressively. Given the fact that you may face time in prison and a long-lasting societal stigma, it is important to know that your lawyer will work diligently for you.

You deserve an aggressive advocate who is on your side. Call for a free initial consultation with an experienced lawyer about your case. Tennessee criminal defense lawyers handle sex crime cases in Knoxville, Sevierville, Nashville, Chattanooga, Johnson City, Morristown, Newport, Alcoa, Loudon, Gatlinburg, and Maryville.

Knoxville DUI attorneys are dedicated to fighting DUI cases. Our East Tennessee DUI lawyers are trained and educated in the different aspects of DUI defense. Our office maintains high standards of continuing education to bring our clients up-to-date scientific knowledge and legal skills to defend DUI cases all across East Tennessee. The preservation of your rights is important.

Underage Driving While Impaired is an offense in Tennessee that closely resembles DUI. Under Tennessee law, a person age sixteen or over but under age twenty-one may not drive or be in physical control of an automobile or other motor driven vehicle while:

• The alcohol concentration in the person's blood is more than two hundredths of one percent;
• Under the influence of alcohol;
• Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or
• Under the combined influence of alcohol and any other drug to a degree which makes the person's driving ability impaired. Tenn. Code Ann. § 55-10-415 (2007).

It is usually not a defense to Underage Driving While Impaired that the individual under the influence of narcotic drugs or barbital drugs is or has been entitled to use such drugs under the laws of this state.

It is important to realize that the penalties for Underage Driving While Impaired and DUI are different. The offense of underage driving while impaired for a person age eighteen or over but under age twenty-one is a Class A misdemeanor punishable only by a driver license suspension of one year and by a fine of two hundred fifty dollars. As additional punishment, the court may impose public service work.

Underage Driving While Impaired for a person age sixteen or over but under the age of eighteen is considered to be a delinquent act. This is punishable only by a driver license suspension of one year and by a fine of two hundred fifty dollars. As additional punishment, the court may impose public service work.

If you or a loved one has been charged with Underage Driving While Impaired or DUI in the East Tennessee area, contact a Knoxville DUI lawyer. A Knoxville DUI attorney will discuss the legal aspects applicable in your case.

Tennessee traffic attorneys provide the aggressive representation you need to win your case. Our firm handles traffic-related matters including speeding ticket defense and other moving violations. If you have received a speeding ticket in Sevier County, Knox County, Blount County, Hamblen County, Cocke, County, Grainger County, McMinn County, Roane County, or Greene County, contact a Tennessee traffic lawyer.

A simple traffic citation can have significant consequences. You want to protect your rights, but suppose you can't make the court date and you don't know what to do. Tennessee Traffic attorneys have been helping drivers with commercial driver's licenses (CDL’s) and standard driver's licenses fight traffic tickets in the East Tennessee area. We provide representation in the following areas:

• CDL and Trucker Violations: Your livelihood depends on your ability to drive. Don't let a traffic violation lead to a suspended license.
• Speeding Tickets: If you simply pay the fine, you are essentially pleading guilty and will be subject to future headaches. Your insurance may skyrocket while your employability diminishes.
• Traffic Warrants: Contact an attorney before you get arrested during a warrant roundup.
• Out-of-State Drivers: Our firm frequently represents out-of-state drivers who were pulled over in Tennessee, and those who are unable to represent themselves.
• What to Expect in Court: Our firm can help you through every step of the traffic violation proceedings, so you understand your options.
• Non-Traffic Violations: If you have been ticketed for additional misdemeanor offenses, such as possession of drug paraphernalia, reckless driving, driving on a suspended license, driving on a revoked license, or other related offenses, we can help.

Tennessee traffic citation lawyers help you fight to keep your license and keep your insurance rates down. Our attorneys understand the challenges you face and the options you have available. We may be able to appear in court on your behalf, so you don't have to. Contact our firm today for a free initial consultation about your particular citation. Our firm handles traffic offenses in Knoxville, Sevierville, Gatlinburg, Pigeon Forge, Maryville, Newport, Loudon, and Morristown.

Tennessee sex offense lawyers know that allegations of child molestation, indecent exposure, rape, sexual battery, solicitation of prostitution, or any other type of criminal sexual misconduct can result in a lifelong stigma and great losses to a person’s career, family, and reputation. Sex offenses include a myriad of criminal sexual behaviors, ranging from prostitution to rape. If you or someone you know has been charged with committing a sex offense, it is very important to contact a criminal defense attorney.

According to Tennessee law, sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:

• Force or coercion is used to accomplish the act;
• The sexual contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent;
• The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
• The sexual contact is accomplished by fraud. Tenn. Code Ann. § 39-13-505 (2007).

Coercion means the threat of kidnapping, extortion, force or violence to be performed immediately or in the future. Sexual battery is a Class E felony.

Being charged with a sex offense can lead to very serious consequences including jail time, probation, parole, significant fines, registration requirements, loss of the right to vote or own a weapon, and being shunned by society. If you are accused with sexual battery, or any other sex offense, you should speak to an attorney immediately to learn more about your rights, the defenses available, and the legal system. Our criminal defense attorneys handle sex offense cases across East Tennessee including Knoxville, Johnson City, Bristol, Chattanooga, Morristown, Sevierville, Greenville, Loudon, Maryville, and Newport.

Tennessee homicide defense attorneys have extensive experience handling homicide defense cases. The ultimate goal of a Tennessee criminal defense attorney is to protect the rights of clients and attain their freedom. Tennessee homicide attorneys are committed to using their knowledge, skill, and experience to secure the best possible results for our clients. If you or a loved one has been charged with homicide, contact our office for a free consultation.

People can be charged with homicide for an intentional killing, such as murder, manslaughter arising out of reckless conduct, or for a death that resulted from a negligent act. If you are charged with homicide in the state of Tennessee, you could face life in prison or even the death penalty. With so much depending on the outcome of your case, it is imperative that you have an attorney experienced in handling Tennessee murder and manslaughter cases.

Many people who are convicted of murder or homicide are convicted because of a confession. Unfortunately, these individuals do not ask for an attorney during the investigation. Sometimes, the accused is persuaded by the police that he or she does not need a lawyer, and are ultimately coerced into the confession. Our manslaughter and homicide defense lawyers work diligently to represent the client, including:

• analyzing the police techniques
• investigating the confession

Tennessee homicide attorneys work to ascertain if the confession was a true confession or if the confession was indeed coerced. Tennessee homicide lawyers are experienced knowing how to detect signs of unconstitutional police misuse or abuse. Additionally, we have the resources available to psychologically analyze the confession for coercion and can have experts brought in to analyze and determine the true cause of death.

Our Tennessee murder and manslaughter defense attorneys represent clients throughout Tennessee, including Knox County, Sevier County, Cocke County, Blount County, and the cities of Bristol, Chattanooga, Johnson City, and Nashville.

If you’re facing Tennessee theft charges, from shoplifting to corporate theft, contact a Tennessee theft defense lawyer. Tennessee theft lawyers are experienced at defending people accused of misdemeanor and felony theft crimes in Tennessee.

Shoplifting and stealing cars are common crimes committed in Tennessee. Shoplifting and theft crimes can be charged as misdemeanors or felonies, depending upon the value of the stolen item. If you've been charged with a theft crime, even a relatively minor crime, the consequences of that charge can affect your life for a long time.

If you’re a licensed professional, a shoplifting conviction could cause your license to be denied. It could prevent you from finding work. Employers do not prefer hiring employees that they can’t trust.

Contact a Tennessee theft defense lawyer to discuss charges of:

• Theft
• Bad checks
• Shoplifting
• Burglary
• Robbery
• Receiving stolen property
• Fraud
• Embezzlement

A Tennessee defense attorney will work to minimize the long-term consequences of your theft charge. Our Theft attorneys work in the East Tennessee area, including Knoxville, Sevierville, Gatlinburg, Maryville, and Newport.