Tennessee Criminal Lawyer Blog

The issue of children being tried as adults is one of the most controversial aspects of criminal law. There is an obvious tension between punishing the offender based on the severity of offense and protecting an offender whose youth and immaturity may dictate that he or she did not fully understand the consequences of his or her actions or possess the requisite intent. In order to try to balance this tension, Tennessee law allows a juvenile to be transferred from juvenile court to be tried as an adult, but only in limited circumstances. This is part of a comprehensive endeavor by Tennessee to define at what age a citizen could, and should, be considered capable of possessing the mental ability and requisite intent to commit a crime.

Any person who is under seven years of age in Tennessee is conclusively presumed to not be accountable for their actions. This applies regardless of the offense and is not an absolute rule. Persons between the ages of seven and fourteen are presumed to be incapable of committing a crime, but that presumption can be overcome if the circumstances show that the offender was clearly able to distinguish between good and evil at the time of the offense. A person above the age of fourteen is considered capable of distinguishing between right and wrong unless the circumstances indicate otherwise. Between the ages of seven and eighteen, any offender who is charged with a juvenile crime in East Tennessee will be handled by the juvenile court system unless they are transferred to a criminal court and tried as an adult.

T.C.A. section 37-1-134 sets out the requirements for an offender to be transferred from juvenile court to a criminal court to be tried as an adult. First, the offender must have been sixteen years-old or older at the time of the offense unless the offender is charged with “first degree murder, second degree murder, rape, aggravated rape, rape of a child, aggravated robbery, especially aggravated robbery, kidnapping, aggravated kidnapping or especially aggravated kidnapping or an attempt to commit any such offenses,” in which case the offender can be tried as an adult at any age (excluding children seven years-old and younger, see above). Second, a hearing on the transfer must be conducted in conformity with applicable law. Third, reasonable notice must be given to the child and the child’s legal guardian prior to the hearing. Fourth, the court must find that there are reasonable grounds to believe that the child committed the delinquent act(s) as alleged, the child is not committable to an institution for the developmentally disabled or mentally ill, and the interests of the community require that the child be put under legal restraint or discipline. The statute includes a list of factors the court can consider in making this determination.

Continue reading "Children Tried as Adults in Tennessee" »

Contributing to the delinquency of a person under the age of 18 is a crime in Tennessee and is punishable by up to a year in jail and/or a $2,500 fine. Additionally, if vandalism is involved, the defendant may be responsible for the costs of repair and restoration.

To be found guilty of the crime, the state must prove that the defendant contributed to or encouraged delinquency, a delinquent act, or unruly behavior of a child. A delinquent act is conduct that amounts to a crime under state law, federal law, or local ordinance. On the other hand, unruly behavior consists of habitual truancy, disobedience to parents, commission of crimes only applicable to children (such as underage drinking), and running away from home.

Examples of contributing to the delinquency of a minor include encouraging or enabling a child to:

• Watch sexually explicit materials (pornography);


• Smoke cigarettes or otherwise use tobacco products;


• Drink alcohol;


• Sell or use controlled substances like marijuana, ecstasy, LSD, and prescription drugs;


• Skip school; and


• Theft.

Continue reading "Contributing to the Delinquency of a Minor in Tennessee" »

The Tennessee criminal defense attorneys at Baker Associates in Knoxville and Sevierville stay on top of new developments in criminal law. Our firm has successfully handled cases involving new and recently changed criminal and juvenile offenses.

Communicating a Threat Concerning a School Employee:

On July 1, 2008, the Tennessee General Assembly enacted a new law criminalizing Communicating a Threat Concerning A School Employee. Under the new law, a person commits the offense of communicating a threat concerning a school employee if:
(1) The person communicates to another a threat to cause the death of or serious bodily injury to a school employee and the threat is directly related to the employee's scope of employment;
(2) The threat involves the use of a firearm or other deadly weapon;
(3) The person to whom the threat is made reasonably believes that the person making the threat intends to carry out the threat;
(4) The person making the threat intentionally engages in conduct that constitutes a substantial step in the commission of the threatened act and the threatened act and the substantial step when taken together:
(A) Are corroborative of the person's intent to commit the threatened act;
and
(B) Occur close enough in time to evidence an intent and ability to commit the threatened act.

Communicating a death threat concerning a school employee is a Class B misdemeanor punishable by a maximum term of imprisonment of thirty (30) days.

If you or a relative has been charged with Communicating a Threat Concerning a School Employee, possession of a weapon at school, or another school-related offense, contact our criminal defense attorneys today for a free consultation.

Source: T.C.A. § 39-13-114 (2008).

The criminal defense attorneys at Baker Associates have successfully represented numerous clients charged with alcohol-related offenses ranging from DUI to open container violations. In Tennessee, purchasing alcohol for a minor is a criminal offense.

A person can be charged with a Class A misdemeanor for purchasing alcoholic beverages or beer for a minor, i.e., a person under twenty-one (21) years of age, or for providing alcoholic beverages or beer to a minor. To be convicted for purchasing alcohol for or providing alcohol to a minor, the State of Tennessee must prove the following elements beyond a reasonable doubt:

(1)(a) That the accused bought intoxicating alcoholic beverages for or on behalf of any child under the age of twenty-one (21) years;
or
(1)(b) That the accused furnished intoxicating alcoholic beverages to any child under the age of twenty-one (21) years for any purpose;
and
(2) That the accused acted either intentionally, knowingly, or recklessly.

It is an affirmative defense to prosecution under this section that any person accused of giving or buying alcoholic beverages or beer for a minor acted upon a reasonably held belief that the minor was of legal drinking age. This belief may be acquired by the minor making a false statement about his or her age or presenting false identification that shows the minor is twenty-one years of age or older.

If a person is convicted of Class A misdemeanor Purchasing or Providing Alcohol to a Minor, he or she may be sentenced to up to eleven months and twenty-nine days in jail and a fine not to exceed $2,500.00. Additionally, persons convicted under this statute must perform at least one hundred (100) hours of community service work. The judge may also suspend driving privileges of a person convicted of purchasing alcohol for a minor. If the person has no driver license, the judge may increase the community service work up to a maximum of two hundred (200) hours.

If you have been charged with selling alcohol to a minor or purchasing beer for a minor, it is important to contact an experienced criminal defense lawyer. The criminal defense attorneys at Baker Associates in Knoxville, Tennessee, have represented many clients charged with alcohol-related offenses, including sales of alcohol to a minor. If you or a relative has been charged with selling alcohol to a minor, DUI, or another alcohol-related offense, contact our office today for a free case consultation.

Sources: T.C.A. § 39-15-404; T.P.I. Crim. 21.03.

Tennessee juvenile lawyers understand that being accused of any crime is a stressful and frightening occasion. Juveniles should always secure skilled and knowledgeable counsel who can help guide you through the juvenile justice process, provide zealous representation, and help minimize the impact on your child's life. If your child has been charged with committing a crime, contact a Tennessee juvenile defense attorney.

The maximum age for a juvenile offender varies from state to state, but typically is seventeen. All governmental bodies prosecute various crimes committed by juveniles, from traffic violations to felonies like aggravated robbery and homicide. If your child has been charged with a crime, it is essential that you seek legal counsel from a Tennessee juvenile defense attorney to preserve your child’s rights and future.

All parties involved in the juvenile justice process must adhere to certain procedures to ensure a fair trial. Although juvenile court is often less formal than regular court, the procedures are still complicated. It is important to have a Tennessee juvenile defense lawyer to navigate the particulars of the juvenile justice system on behalf of the accused. A Tennessee juvenile defense attorney can explain the procedure and take some of the mystery out of this unfamiliar situation.

Children involved in juvenile court matters have many of the same rights their parents would have if they were accused of a crime. Our juvenile attorneys work in Sevierville, Knoxville, Maryville, Loudon, and Newport, Greeneville, Johnson City, and Morristown.

Tennessee Juvenile Attorneys understand that children sometimes use poor judgment and make youthful mistakes. When a young person is charged with delinquency, it is a painful for everyone. Moms, dads, aunts, uncles, older brothers and sisters must experience the difficult process alongside the the young individual.

There is often fear that prosecutors will not treat the young person fairly. There is also fear that the prosecutors will not treat the child as a child. Tennessee juvenile crime lawyers protect the rights and freedom of young people. Tennessee attorneys negotiate with the appropriate authorities to try to prevent the child from being treated as an adult.

At every stage of the case, Tennessee criminal lawyers aggressively and compassionately represent young clients. We understand that mistakes are a part of growing into adulthood, and that no one is perfect.

If a young person in your family has been charged with or is being investigated for a juvenile crime, please contact us. Our juvenile attorneys can help your loved one in the East Tennessee area including Sevierville, Knoxville, Alcoa, Pigeon Forge, Gatlinburg, Neport, Jefferson County, and Maryville

Tennessee theft attorneys understand that joyriding is typically committed by juvenile offenders, most of which are male. Someone may commit joyriding because it is believed to be exciting, stimulating, gives status, and so on. Juveniles often commit this offense to rebel against authority, due to peer pressure, and for other reasons. Many offenders commit joyriding in a reckless manner that threatens danger to public safety.

According to Tennessee law, a person commits the offense of joyriding who takes another's automobile, airplane, motorcycle, bicycle, boat or other vehicle without the consent of the owner and the person does not have the intent to deprive the owner thereof. Tenn. Code Ann. 39-14-106 (2007).

Joyriding typically occurs when someone borrows another’s car without permission, but plans on returning the vehicle. Joyriding closely resembles the crime of theft. The difference between joyriding and theft is that no intent to permanently deprive the owner of the property exists with joyriding.

Joyriding is a Class A misdemeanor in Tennessee. Class A misdemeanors are punishable by a maximum of eleven months, twenty-nine days incarceration or a fine not to exceed two thousand five hundred dollars, or both. Joyriding is taken very seriously by the courts because it typically poses a threat to public safety. If you or someone you know has been charged with joyriding, contact a Tennessee theft lawyer. A Tennessee criminal lawyer can advise you of your rights and legal options. Our office handles these charges in Knoxville, Sevierville, Morristown, Greenville, Johnson City, and Chattanooga.

Tennessee juvenile attorneys assist individuals under the age of majority with delinquency charges. Tennessee juvenile lawyers handle these cases in Knoxville, Sevierville, Gatlinburg, Pigeon Forge, Maryville, Dandridge, Newport, Johnson City, Kingsport, Bristol, Greenville, and the Morristown areas. Juvenile attorneys understand that delicate issues are involved when dealing with children and the legal system.

Parents, grandparents, siblings, teachers, and friends become worried when a juvenile is charged as being delinquent. Whether the charges are due to drugs, driving behavior, or violence, juvenile attorneys can help. The legal system recognizes to a degree that children inevitably make mistakes due to inexperience. Certain mistakes should not follow the child into adulthood and be used against the child for future purposes.

There are many issues involved when a child is charged as being a delinquent. The term juvenile delinquency generally refers to criminal acts committed by individuals that have not yet reached the age of majority. Juvenile delinquent acts could involve violent or non-violent behavior. There is much scholarly debate as to whether the state should punish these acts criminally.

All states treat juveniles differently. The way it works in Tennessee is that all delinquent proceedings will start out in a special court known as juvenile court. The case may never leave this special court and be ultimately resolved there. A resolution in juvenile court has legal implications that may benefit the child for future purposes. Not all the cases will be resolved in juvenile court and many will be transferred to criminal court where the child will be treated like an adult depending upon the circumstances.

Whether or not a case gets transferred to criminal court is complicated. If you or someone you know are charged with delinquency in Tennessee, contact a Tennessee juvenile lawyer. Tennessee juvenile attorneys help guide the child through the legal process while attempting to get his or her life back on the right path.