Tennessee Criminal Lawyer Blog

Tennessee criminal defense attorneys represent persons who have been charged with stalking or other related criminal offenses. If you have been charged with the crime of stalking or other criminal offense, please contact our experienced Tennessee criminal defense attorneys in Knoxville and Sevierville, Tennessee.

According to Tennessee criminal law, "stalking" means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested. Examples of stalking include, but are not limited to, approaching or confronting that person in a public place, showing up at that person's workplace or residence, entering or remaining on property owned or occupied by that person, or sending mail or emails to that person.

To be found guilty of stalking, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:
(1) that the defendant repeatedly, on two or more separate occasions, either followed or harassed another person in such a manner as would cause that person to be in reasonable fear of being assaulted, suffering bodily injury, or death; AND
(2) that the defendant acted intentionally, i.e., it is the defendant's desire to engage in the conduct or cause the result.

Stalking is a Class A Misdemeanor, punishable up to eleven months, twenty-nine days imprisonment, a fine not to exceed $2,500.00, as well as any other special conditions that the judge may impose including a restraining order, anger management classes, etc.

It is important to hire a lawyer to represent you to protect your rights. If you have been charged with stalking or other related offense, call the Tennessee criminal defense attorneys at Baker Associates for a free initial consultation.

Sources: T.C.A. § 39-17-315; T.P.I. Crim. 30.12.

The criminal defense attorneys at Baker Associates near Gatlinburg, Tennessee, have successfully represented individuals charged with drug offenses, including Sale and Delivery of Schedule II and Possession of Schedule II narcotics.

In Tennessee, controlled substances are categorized into seven classifications--Schedule I, Schedule II, Schedule III, Schedule IV, Schedule V, Schedule VI, and Schedule VII--depending upon various factors including the potential for abuse, the accepted medical use, and the potential for physical or psychological dependence for the particular drug. Generally, if a particular drug has a higher potential for abuse and dependence, it will have a lower schedule number. In other words, a Schedule I controlled substance has the highest potential for abuse and dependence, and a Schedule VII controlled substance has the lowest potential for abuse and dependence.

The following are examples of Schedule II narcotics:
Opium; Codeine; Hydrocodone; Morphine; Cocaine; Methadone; Dihydrocodeine; Amphetamine; Methamphetamine.

Pursuant to Tennessee Code Annotated § 39-17-417, it is a criminal offense in Tennessee for a person to knowingly:
(1) Manufacture a Schedule II controlled substance;
(2) Deliver a Schedule II controlled substance;
(3) Sell a Schedule II controlled substance; or
(4) Possess a Schedule II controlled substance with intent to manufacture, deliver or sell the controlled substance.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Manufacture, Sale, or Delivery of Schedule II controlled substance. The penalties for drug offenses involving Schedule II narcotics are severe. A Schedule II drug offense involving .5 grams or more of cocaine or methamphetamine is a Class B Felony, punishable by 8 to 30 years imprisonment and a maximum fine of $100,000. Any other Schedule II controlled substance, including cocaine and methamphetamine in an amount of less than .5 grams, is a Class C Felony, punishable by 3 to 15 years imprisonment and a maximum fine of $100,000. However, if the amount of cocaine or methamphetamine is less than .5 grams but a deadly weapon was carried or employed during the commission of the offense or if the offense resulted in death or bodily injury to another person, it is a Class B Felony.

If you or a close friend or relative has been charged with Sale and Delivery of a Schedule II Narcotic or another methamphetamine, cocaine, or hydrocodone offense, contact our experienced criminal defense attorneys as soon as possible. Our team of attorneys will work quickly with our legal staff, private investigators, and experts to investigate and prepare your defense.

Sources: Tenn. Code Ann. §§ 39-17-407, 39-17-408, 39-17-417, 40-35-111.

The criminal defense attorneys at Baker Associates represent individuals accused of, arrested for, convicted of, or sentenced for criminal offenses. Our office handles disorderly conduct charges and other criminal offenses in Knoxville, Sevierville, Johnson City, Loudon, Maryville, Gatlinburg, and Pigeon Forge.

The law in Tennessee does not require that there be a victim for an individual to be charged with disorderly conduct. A person can be charged with disorderly conduct for simply yelling in a parking lot, screaming swear words, or punching another person's automobile. In fact, many types of behavior or conduct might subject someone to an arrest for disorderly conduct.

There is virtually no state in the United States that does not have some form of law regarding disorderly conduct. This law is commonly described as a catch-all law. Under Tennessee law, a person commits disorderly conduct who, in a public place and with intent to cause public annoyance or alarm:

• Engages in fighting or in violent or threatening behavior;
• Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or
• Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose. Tenn. Code Ann. § 39-17-305 (2007).

A person also commits disorderly conduct who makes unreasonable noise that prevents others from carrying on lawful activities.

A violation of the disorderly conduct statute is a Class C misdemeanor. Class C misdemeanors are punishable in Tennessee by 30 days in jail, or a fine not to exceed fifty dollars, or both.

Whenever you need a criminal defense lawyer, contact Baker Associates. Our attorneys can provide you with information that will serve you well in making important decisions that affect your case and future.

Tennessee criminal defense lawyers help individuals charged with crimes in the East Tennessee area. Our criminal defense attorneys work in the following areas: Knox County, Blount County, Sevier County, Cocke County, Anderson County, Johnson City, Bristol, and Morristown. If you have been charged with a crime, it is important to contact a Tennessee lawyer to discuss different strategies applicable in your case. All initial consultations are free.

A previous blog discussed the crime of carrying a weapon on school property under Tennessee law. The punishment under that statute depends largely on the offender’s intent. This blog discusses the defenses and exemptions to prosecution under that particular statute. There are certain affirmative defenses to a prosecution for unlawful possession of weapons on school property in Tennessee. The person’s behavior asserting the defense must be in strict compliance with the requirements of one of the following classifications:

• A person hunting during the lawful hunting season on lands owned by any public or private educational institution and designated as open to hunting by the administrator of the educational institution;

• A person possessing unloaded hunting weapons while transversing the grounds of any public or private educational institution for the purpose of gaining access to public or private lands open to hunting with the intent to hunt on the public or private lands unless the lands of the educational institution are posted prohibiting entry;

• A person possessing guns or knives when conducting or attending "gun and knife shows" and the program has been approved by the administrator of the educational institution; or

• A person entering the property for the sole purpose of delivering or picking up passengers and who does not remove, utilize or allow to be removed or utilized any weapon from the vehicle. Tenn. Code Ann. § 39-17-1310 (2008).

It is interesting to note that these defenses are based on hunting and approved gun and knife shows. Besides affirmative defenses, there are certain classes of individuals exempt from prosecution under the unlawful carrying of weapons on school property statute:

• Persons employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard when in discharge of their official duties and acting under orders requiring them to carry arms or weapons;

• Civil officers of the United States in the discharge of their official duties;

• Officers and soldiers of the militia and the national guard when called into actual service;

• Officers of the state, or of any county, city or town, charged with the enforcement of the laws of the state, when in the discharge of their official duties;

• Any pupils who are members of the reserve officers training corps or pupils enrolled in a course of instruction or members of a club or team, and who are required to carry arms or weapons in the discharge of their official class or team duties;

• Any private police employed by the administration or board of trustees of any public or private institution of higher education in the discharge of their duties; and

• Any registered security guard/officer who meets the requirements of title 62, chapter 35, and who is discharging the officer's official duties. Tenn. Code Ann. § 39-17-1309 (e) (2008)

If you have been charged with unlawful possession of weapons on school property, or any other crime in East Tennessee, contact a criminal defense attorney. One of our attorneys will be glad to discuss the merits of the government’s case against you.

Tennessee criminal defense attorneys know how important it is to keep our schools safe. Many schools throughout our country have been impacted from recent school shootings. These shootings seem to be increasing each year, and seem to get greater attention from news companies each time they occur. In Tennessee, it is against the law to have weapons on school property. The statute not only applies to students, but to everybody with some exceptions. The punishment for violating this largely depends on the accused intent.

According to Tennessee law, it is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any firearm, explosive, explosive weapon, bowie knife, hawk bill knife, ice pick, dagger, slingshot, leaded cane, switchblade knife, blackjack, knuckles or any other weapon of like kind, not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, used or operated by any board of education, school, college or university board of trustees, regents or directors for the administration of any public or private educational institution. Tenn. Code Ann. § 39-17-1309 (b)(1) (2008)

The definition of weapons here includes razors and razor blades, except those used solely for personal shaving, and any sharp pointed or edged instrument, except unaltered nail files and clips and tools used solely for preparation of food, instruction and maintenance. A violation of the above is a Class E felony.

It is also an offense under Tennessee law for any person to possess or carry, whether openly or concealed, any firearm, not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, used or operated by any board of education, school, college or university board of trustees, regents or directors for the administration of any public or private educational institution. It is not an offense here for a nonstudent adult to possess a firearm, if the firearm is contained within a private vehicle operated by the adult and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult, while the vehicle is on school property. Tenn. Code Ann. § 39-17-1309 (c)(1) (2008) A violation under this part is a Class B misdemeanor.

If you have been charged with carrying a weapon on school property, or any other criminal offense, contact a Tennessee criminal defense attorney. Our lawyers handle criminal issues in the East Tennessee area including Knoxville, Johnson City, Morristown, Newport, Maryville, Loudon, and Sevierville.

Tennessee criminal defense attorneys have successfully represented clients throughout East Tennessee who have been charged with unlawful carrying or possession of a weapon. In some cases, Tennessee criminal defense lawyers can negotiate with prosecutors to have charges reduced. While the outcome your case depends upon the circumstances involved, Tennessee criminal defense attorneys will always fight for your best interests.

Tennessee’s unlawful carrying or possession of a weapon statute prohibits a person from carrying a weapon with the intent to go armed. It also prohibits possession of a handgun by certain convicted felons and possession of a deadly weapon by one who intends to use it to commit an offense. Punishment for these offenses is based on the seriousness of the offense and the potential for harm to others.

If you are convicted of unlawful carrying or possession of a weapon, you may face legal consequences such as imprisonment, probation, loss of the right to own or possess a weapon, or monetary fines. The severity of these consequences can depends upon your prior criminal history, attitude of the community about the crime committed, and if there are any aggravating circumstances.

If you have been charged with unlawful carrying or possession of a weapon in the East Tennessee area, it is important that you contact an experienced criminal defense attorney. A skilled attorney can advise you of your legal options and protect your rights. Our attorneys handle these types of cases in Knoxville, Loudon, Newport, Morristown, Sevierville, Gatlinburg, Pigeon Forge, and Maryville.

Knoxville stalking lawyers help clients in the East Tennessee area. Many times, the accused and the victim are either related or have had some type of serious relationship. Although many stalking accusations are well-founded, other accusations are simply false.

The basic form of stalking is a Class A misdemeanor in Tennessee. According to Tennessee law, "Stalking" means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

• "Course of conduct" means a pattern of conduct composed of a series of two or more separate noncontinuous acts evidencing a continuity of purpose.
• "Harassment" means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable person to suffer emotional distress, and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose;

There are actually three degrees of stalking offenses in Tennessee: stalking, aggravated stalking, and especially aggravated stalking. A person commits aggravated stalking, a Class E felony, who commits the offense of stalking and:

• In the course and furtherance of stalking, displays a deadly weapon;
• The victim of the offense was less than eighteen years of age at any time during the person's course of conduct, and the person is five or more years older than the victim;
• Has previously been convicted of stalking within seven years of the instant offense;
• Makes a credible threat to the victim, the victim's child, sibling, spouse, parent or dependents with the intent to place any such person in reasonable fear of death or bodily injury; or
• At the time of the offense, was prohibited from making contact with the victim under a restraining order or injunction for protection, an order of protection, or any other court-imposed prohibition of conduct toward the victim or the victim's property, and the person knowingly violates the injunction, order or court-imposed prohibition.

The last bullet causes many problems in domestic violence cases. Many times, one spouse takes out an order of protection upon another spouse. The order usually prohibits contact between the couple. If the couple resumes contact before the order is dissolved, there is typically a violation. A person commits especially aggravated stalking who:

• Commits the offense of stalking or aggravated stalking, and has previously been convicted of stalking or aggravated stalking involving the same victim of the instant offense; or
• Commits the offense of aggravated stalking, and intentionally or recklessly causes serious bodily injury to the victim of the offense or to the victim's child, sibling, spouse, parent or dependent. Tenn. Code Ann. § 39-17-315 (2007)

Aggravated Stalking is a Class C felony. If you have been charged with any of the stalking offenses under Tennessee law, contact a criminal defense attorney. Our offices handle stalking and other offenses in Knoxville, Sevierville, Gatlinburg, Loudon, Morristown, Johnson City, Newport, and Maryville.