Tennessee Criminal Lawyer Blog

With a name that certainly got her teased at school, it is no wonder that Merry Christmas, a forty-four year-old woman from Boynton Beach, Florida, was in a bad mood when police showed up to investigate a public disturbance in a Florida neighborhood two Sundays ago. Apparently the police were called at around 6 p.m. to respond to the disturbance, and when they arrived Merry Christmas came out of the house and began shouting at another woman the police were interviewing. The police told her to step away from the victim but she did not; she also resisted an arrest attempt and the police officer reportedly had to bend her arm to take her down. She was charged with resisting arrest without violence, a misdemeanor in Florida.

This scenario begs two questions: First, is Merry Christmas the offender’s real name? Apparently, that seems to be the case and it is a happy coincidence that she picked the holiday season to get arrested. Second, what is the punishment for resisting arrest in Tennessee?

Much like Florida, Tennessee treats resisting arrest as a misdemeanor. Resisting arrest is part of the broader offense of resisting stop, frisk, halt, arrest, or search codified in T.C.A. §39-16-602. Resisting any of these law enforcement procedures is a Class B misdemeanor, punishable by up to six months in jail. However, if the offender uses a deadly weapon to resist the procedure, the offense is upgraded to a Class A misdemeanor which can land the offender up to eleven months and twenty-nine days in jail. If you have ever seen “Cops” or any other television show derived therefrom you know that resisting arrest is generally not effective and only results in harsher punishment. It is no defense in Tennessee that the offender believed the arrest to be improper or unlawful.

Source: http://www.palmbeachpost.com/news/crime/boynton-beach-police-arrest-merry-christmas-119652.htm

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 attorneys can help you if you are charged with criminal impersonation. Our offices in Sevierville and Knoxville have represented clients with these types of charges throughout East Tennessee including Knoxville, Sevierville, Morristown, Johnson City, and Maryville.

Under Tennessee law, a person commits criminal impersonation who, with intent to injure or defraud another person:

• Assumes a false identity;
• Pretends to be a representative of some person or organization;
• Pretends to be an officer or employee of the government; or
• Pretends to have a handicap or disability.

The important words in the criminal impersonation statute are injure and defraud. If you dress like a police officer in the spirit of Halloween, the behavior does not constitute criminal impersonation. If you dress up like a police officer in order to injure or defraud another, the behavior does constitute criminal impersonation.

Criminal impersonation under the above 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 criminal impersonation was committed to falsely obtain a driver license or photo identification license, the maximum fine of five hundred dollars must be imposed by the court. Tenn. Code Ann. § 40-35-111.

The state may prosecute for this offense via a second definition under the criminal impersonation statute. A person commits criminal impersonation who pretends to be a law enforcement officer for the purpose of:

• Engaging in an activity that is ordinarily and customarily an activity established by law as a law enforcement activity; and
• Causing another to believe that the person is a law enforcement officer. Tenn. Code Ann. § 40-35-111.

This form of criminal impersonation is more serious in terms of criminal culpability. Criminal impersonation here 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 have been charged with criminal impersonation in Tennessee, contact a criminal defense lawyer. A criminal defense lawyer will explain your rights and discuss the procedural avenues applicable to your case.

Tennessee criminal defense lawyers handle all types of cases including evading arrest charges. It is important to contact a competent, diligent, and experienced defense attorney once you have been charged with any crime. Our criminal defense lawyers defend clients from traffic citations to complicated felony matters in the East Tennessee area.

Most of the time, a charge of evading arrest will accompany some other criminal charge. There are actually two types of evading arrest offenses under Tennessee law. You could be charged with either felony evading arrest or misdemeanor evading arrest. The difference between the two evading arrest offenses depends upon how you attempt to flee.

The misdemeanor evading arrest statute states that it is unlawful for any person to intentionally flee by any means of locomotion from anyone the person knows to be a law enforcement officer if the person:

• Knows the officer is attempting to arrest the person; or
• Has been arrested. Tenn. Code Ann. § 39-16-603 (2007).

The felony evading arrest statute states that it is unlawful in Tennessee for any person, while operating a motor vehicle on any street, road, alley or highway in this state, to intentionally flee or attempt to elude any law enforcement officer, after having received any signal from the officer to bring the vehicle to a stop. Tenn. Code Ann. 39-16-603 (2007).

Felony evading arrest is considered to be a Class E felony. If the flight or attempt to elude creates a risk of death or injury to innocent bystanders or other third parties, it is a Class D felony. The difference between the two statutes comes down to whether a person flees by automobile or not. If you are charged with evading arrest in Tennessee, contact a Tennessee Criminal defense lawyer. Our lawyers travel to Knoxville, Sevierville, Newport, Johnson City, Chattanooga, Alcoa, Morristown, and Gatlinburg.

Knoxville criminal defense lawyers realize that life can be busy. It is important to realize that courts take it seriously when you fail to appear for your court date. This undermines the court’s authority and increases the court’s workload.

The failure to appear statute in Tennessee provides an offense for people who knowingly fail to appear at court or other official proceedings or penal institutions when directed to appear by a lawful authority. According to Tennessee law, it is unlawful for any person to knowingly fail to appear as directed by a lawful authority if the person:

• Has been lawfully issued a criminal summons;
• Has been lawfully commanded to appear for booking and processing pursuant to a criminal summons;
• Has been lawfully issued a citation in lieu of arrest;
• Has been lawfully released from custody, with or without bail, on condition of subsequent appearance at an official proceeding or penal institution at a specified time or place; or
• Knowingly goes into hiding to avoid prosecution or court appearance. Tenn. Code Ann. § 39-16-609 (2007)

The offense of failure to appear does not cover the failure to make a supervisory meeting with a probation or parole officer, or any other appearance for which there was a reasonable excuse. In addition, the failure to appear statute does not apply to witnesses.

Punishment for failure to appear depends on whether the crime for which the offender failed to appear is a misdemeanor or a felony. If the occasion for which the defendant's appearance is required is a misdemeanor or the defendant failed to appear for booking, then the violation is a Class A misdemeanor. If the occasion for which the defendant's appearance is required is a Class A misdemeanor or a felony, failure to appear is a Class E felony.

The court may order the sentence to be served consecutively to any sentence received for the offense for which the person failed to appear. If you have been charged with failure to appear, or any other crime in East Tennessee, contact a criminal defense attorney. Our office defends clients charged with criminal offenses in Knoxville, Sevierville, Newport, Loudon, Maryville, Johnson City, and Morristown.

Tennessee criminal defense lawyers help clients with many different charges and citations. Tennessee defense attorneys have handled everything from homicide cases down to speeding tickets. Any type of criminal charge is serious. If you are charged with a crime or citation in the Knoxville, Gatlinburg, Pigeon Forge, or Sevierville areas, contact a Tennessee criminal defense attorney.

Although evidence in a court of law can be introduced many different ways, testimony is probably the most common form. Courts take perjury seriously because it can be used to usurp the power of the courts. Perjury can happen not only in criminal proceedings, but in civil proceedings as well. Tennessee has basically three different perjury offenses: perjury, aggravated perjury, and subornation of perjury. According to Tennessee law, perjury occurs when a person, with intent to deceive:

• makes a false statement, under oath;
• makes a statement, under oath, that confirms the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or
• makes a false statement, not under oath, but on an official document required or authorized by law to be made under oath and stating on its face that a false statement is subject to the penalties of perjury. Tenn. Code Ann. § 39-16-702 (2007).

"Oath" means a solemn and formal undertaking to tell the truth and includes an equivalent affirmation permitted by law as a substitute for an oath administered by a person authorized by law to take statements under oath. Tenn. Code Ann. § 39-16-703 (2007).

Perjury is basically lying under oath or on an official document. It is a Class A misdemeanor under normal circumstances. It is elevated to a Class E felony if committed on an application for a handgun carry permit or on a sexual offender registration form. Perjury can be aggravated under certain circumstances. According to Tennessee law, aggravated perjury (a Class D felony) is perjury plus:

• the false statement is made during or in connection with an official proceeding; and
• the false statement is material. Tenn. Code Ann. § 39-16-703 (2007).

It is not a defense that the person mistakenly believed the statement to be immaterial. However, it is a defense to aggravated perjury that the person retracted the false statement before completion of the testimony at the official proceeding during which the aggravated perjury was committed. Tenn. Code Ann. § 39-16-704 (2007).

"Material" means the statement, irrespective of its admissibility under the rules of evidence, could have affected the course or outcome of the official proceeding. "Official proceeding" means any type of administrative, executive, judicial, or legislative proceeding that is conducted before a public servant authorized by law to take statements under oath in that proceeding. Tenn. Code Ann. § 39-16-701 (2007).

The main difference between perjury and aggravated perjury is the importance of the testimony. If the deceptive testimony could affect the outcome of the case, then the offense is aggravated perjury.

There is also something called subornation of perjury under Tennessee law. Subornation of perjury occurs when someone, with the intent to deceive, induces another to make a false statement constituting perjury or aggravated perjury. Subornation of perjury is a Class A misdemeanor; whereas, subornation of aggravated perjury is a Class E felony. Tenn. Code Ann. § 39-16-705 (2007). If you have been charged with perjury, aggravated perjury, subornation of perjury, or any other crime under Tennessee law, contact a Tennessee criminal defense lawyer.

The Tennessee legislature creates new law and amends existing law each year. The effective date of any changes made may be immediately or could be set for a day in the future. The Ex Post Facto clause of the United States Constitution forbids that these new laws punish criminally an event that occurred before the enactment of the law. The purpose of the Ex Post Facto clause is to provide fair notice of what conduct constitutes a crime. Tennessee criminal defense attorneys must be informed of these constant changes in the law.

Criminal law in Tennessee changes for a number of reasons. The law could change because the legislature may want to seal up a loophole used by defense attorneys across the state. It changes sometimes because the public demands that certain behavior be deemed illegal. Our state representatives are elected officials and are supposed to be the voice of the public. It changes other times simply to keep up with modern technological advancements. Crimes associated with computers, telecommunications, and certain synthetically created drugs could not be fathomed when our county was founded. Nevertheless, Tennessee law changed in 2006 with respect to cell phones and our jails and prisons.

According to Tennessee law, it us unlawful for any person to knowingly possess any telecommunication device while present in any penal institution where prisoners are quartered or under custodial supervision without the express written consent of the chief administrator of the institution. A violation here is a Class C felony. It is further illegal to knowingly and with unlawful intent take, send or otherwise cause to be taken into any penal institution where prisoners are quartered or under custodial supervision any telecommunication device. A violation here is a Class E felony.

Telecommunication device means any type of instrument, device, machine, or equipment that is capable of transmitting telephonic, electronic, digital, cellular or radio communications, or any part of such instrument, device, machine or equipment that is capable of facilitating the transmission of telephonic, electronic, digital, cellular or radio communications. Telecommunication device includes cellular phones, digital phones, and modem equipment devices. Tenn. Code Ann. § 39-16-201 (2007).

Cell phones are considered to be contraband in penal institutions in Tennessee. The rationale behind this is that the legislature believes that inmates may use the phones to reach out and touch things they shouldn't. Inmates might create and maintain networks of illegal activities or orchestrate the smuggling of other contraband inside prison walls. There is also the fear that inmates might use the phones to harass witnesses and juries or collaborate against prison personnel. If you are charged with contraband in penal institutions, contact a Tennessee criminal defense attorney.