Tennessee Criminal Lawyer Blog

Few situations have the potential to spiral out of control like custody disputes. Very often, two parents are fighting over custody who genuinely believe that the best interest of the child dictates that the child lives with them at least a majority of the time. Also, custody disputes occasionally involve parents who are trying to gain custody of the child simply to inflict pain or sadness on the other parent. Whatever the cause, custody disputes have a tendency to get ugly, especially when a parent or relative decides to take matters into his or her own hands.

Continue reading "Custodial Interference in Tennessee" »

It seems schools these days are more dangerous than ever before, with stories of school-related violence constantly finding a place on the news and in the headlines. Such violence comes in many different forms, whether it be by a student or a student’s parent against a teacher, by a teacher against a student or another teacher, or often even by a student against another student. Many states have laws that specifically target school-related violence, and Tennessee is one of them. One specific law Tennessee has enacted with this goal in mind can be found in T.C.A. section 39-13-114 which concerns communicating a threat concerning a school employee.

The above-referenced statute applies to basically any institution that could be considered a “school,” including colleges and universities. It essentially has four elements:

• “ (b) 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; and
  
  
  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”

Continue reading "Communicating a Threat Concerning a School Employee" »

Tennessee robbery defense attorneys understand that robbery in Tennessee is a serious criminal offense. At Baker Associates, our team of criminal defense attorneys and investigators are ready to handle your robbery case.

Robbery is a theft that occurs with the intent to permanently deprive the owner of property through the use of force or apprehension that force will be used. As defined by the Tennessee Code Annotated, robbery is the intentional or knowing theft of property from another person by violence or putting the person in fear (Section 39-14-401).

Robbery is a Class C felony. It is punishable by a term of imprisonment of not less than three (3) years and not to exceed fifteen (15) years, and a fine not to exceed $10,000.

If you or someone you love is charged with robbery in Tennessee, contact Baker Associates today for your free consultation. Let our robbery defense team go to work for you. We have offices in Knoxville and Sevierville and practice in all surrounding East Tennessee locations.

Tennessee criminal defense attorneys represent people who have been charged with Assault. It is important to hire an experienced Tennessee criminal defense lawyer. At Baker Associates, our Tennessee criminal defense attorneys have successfully represented individuals charged with Assault and other serious offenses in East Tennessee.

According to section 39-13-101 of the Tennessee Code Annotated, a person commits assault who:
1. Intentionally, knowingly or recklessly causes injury to another;
2. Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
3. Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.

“Intentionally” is defined as a person’s conscious objective or desire to engage in conduct. “Knowingly” is defined as a person’s awareness that their conduct is reasonably certain to cause a result. “Bodily injury” includes any cut, abrasion, bruise, burn, disfigurement, physical pain and temporary illness, and impairment of the function of a bodily member, organ, or mental faculty.

It is important to hire an experienced Tennessee criminal defense lawyer if you are charged with Assault. A conviction of Assault carries severe penalties. If you or a relative has been charged with Assault, contact our experienced criminal defense attorneys as soon as possible. At Baker Associates, our team of criminal defense attorneys will work quickly and utilize our legal staff, private investigators, and experts to investigate and prepare your defense.

If you have been arrested for Reckless Endangerment in Tennessee, it is important to hire an experienced criminal defense attorney to fight for you. The team of criminal defense attorneys at Baker Associates in Sevierville and Knoxville, Tennessee have successfully represented individuals charged with serious offenses including Reckless Endangerment.

In Tennessee, Reckless Endangerment is defined as engaging in conduct that places or may place another person in imminent danger of death or serious bodily injury. It is a Class A misdemeanor, punishable up to eleven months, twenty-nine days in jail and a fine not to exceed $2,500. However, if a deadly weapon is used in the commission of the offense, Reckless Endangerment is a Class E Felony, punishable from 1 to 6 years in prison and a fine up to $3,000.

An arrest for Reckless Endangerment may result from multiple different situations, including discharging a firearm in public and driving at a high rate of speed. It is important to hire an experienced attorney if you have been charged with Reckless Endangerment in Sevierville, Tennessee. Call the criminal defense attorneys at Baker Associates today for a free initial consultation.

Source: T.C.A. § 39-13-103.

If you have been charged with Vehicular Assault in Knoxville or Gatlinburg, Tennessee, you should contact our experienced criminal defense lawyers. It is important to act quickly so that our vehicular assault attorneys can begin investigating your case. In some cases, it is necessary to seek independent testing if a blood sample was taken after the traffic accident and to take pictures at the accident scene to ensure it is in the same or similar condition as the time of the accident.

Under Tennessee law a person commits Vehicular Assault who, as the proximate result of the persons' intoxication, recklessly causes serious bodily injury to another person by the operation of a motor vehicle, including both alcohol and drug intoxication. Commonly, persons charged with Vehicular Assault will also face prosecution for Driving Under the Influence - DUI - in Tennessee.

To be found guilty of Vehicular Assault, the State must prove each of the following elements beyond a reasonable doubt:
(1) That the defendant caused serious bodily injury (bodily injury that involves a substantial risk of death, protracted unconsciousness, extreme physical pain, protracted or obvious disfigurement, or protracted loss or substantial impairment of a function of a bodily member, organ, or mental faculty) to the alleged victim by the operation of a motor vehicle;
and

(2) That the serious bodily injury was the proximate result of the driver's intoxication (i.e., mental or physical condition which is the result of taking intoxicants or drugs in any form and which deprives one of that clearness of mind and control of oneself which one would otherwise possess);
and
(3) that the defendant acted recklessly (i.e., the defendant was aware of, but consciously disregarded, a substantial and unjustifiable risk that the alleged victim would be killed. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the defendant's standpoint.) The requirement of "recklessly" is established if it is shown that the defendant acted either intentionally or knowingly.

Vehicular Assault in Tennessee is a Class D Felony, punishable by 2 to 12 years imprisonment, a fine up to $5,000, and the loss of driving privileges dependent upon the driver's prior criminal convictions for vehicular assault, vehicular homicide, and/or driving under the influence. The judge may also impose additional penalties such as alcohol and drug treatment, Victim Impact Panel, DUI School, Repeat Offender's School, community service, or other measures deemed necessary by the trial judge.

The penalties for Vehicular Assault are severe. A felony criminal conviction means the loss of rights, privileges, and liberty. If you have been charged with DUI, Vehicular Assault, or other alcohol or driving related offense, contact the experienced Vehicular Assault attorneys at Baker Associates in Sevierville, Tennessee for a free consultation.

Sources: T.C.A. § 39-13-106; T.P.I. Crim. 6.04.

The criminal defense attorneys at Baker Associates have successfully represented individuals charged with homicide offenses in Tennessee. Criminal homicide is the unlawful killing of another person. Under Tennessee law, criminal homicide is broken down into seven classifications: First Degree Murder, Second Degree Murder, Voluntary Manslaughter, Reckless Homicide, Criminally Negligent Homicide, Assisted Suicide, and Vehicular Homicide.

Tennessee Code Annotated § 39-13-213 defines Vehicular Homicide as the reckless killing of another by the operation of an automobile, airplane, motorboat or other motor vehicle, as the proximate result of:
(1) Conduct creating a substantial risk of death or serious bodily injury to a person;
(2) The driver's alcohol or drug intoxication;
(3) Conduct constituting the offense of Drag Racing.

Vehicular Homicide -- Intoxication:

In order to be found guilty of Vehicular Homicide by intoxication, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:
(1) That the defendant killed the alleged victim by the operation of a motor vehicle, automobile, airplane, or motorboat;
(2) That the defendant acted recklessly, i.e., the defendant was aware of, but consciously disregarded, a substantial and unjustifiable risk that the alleged victim would be killed. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the defendant's standpoint.
The requirement of "recklessly" is established if it is shown that the defendant acted either intentionally or knowingly.
and
(3) That the killing was the proximate result of the driver's intoxication, i.e., having a blood alcohol level of .08% or higher or acting "under the influence" of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on teh central nervous system or under the influence of alcohol. "Under the influence" includes any mental or physical condition which is the result of taking intoxicants or drugs in any form and which deprives one of that clearness of mind and control of oneself which one would otherwise possess. It is not necessary that the person be in such a condition as would make him or her guilty of public drunkenness; the law merely requires that the person be under the influence of an intoxicant or drugs.

In vehicular homicide cases, the impairment or intoxication level of the alleged driver must be carefully considered in order to determine whether the accused will be convicted of Vehicular Homicide by intoxication, Vehicular Homicide by reckless conduct, or a lesser offense such as Criminally Negligent Homicide.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Murder, Vehicular Homicide, or another homicide offense. Vehicular Homicide by intoxication under section (2) is a Class B felony. A person convicted of Vehicular Homicide by intoxication is punished by imprisonment from 8 years to 30 years and can be fined up to $25,000.00. Additionally, a person convicted of vehicular homicide will be prohibited from driving a vehicle in the State of Tennessee for at least 3 years up to a maximum of 10 years.

If you or a close friend or relative has been charged withVehicular Homicide or another homicide offense in Knoxville, Sevierville, or Maryville, Tennessee, contact our experienced criminal defense attorneys as soon as possible. Our team of attorneys will work quickly to investigate and prepare your defense, as well as seek the services of a private investigator and an accident reconstructionist to adequately defend you.

For additional information on DUI and other Alcohol-related offenses, click here.

Sources: Tenn. Code Ann. § 39-13-213; Tenn. Code Ann. § 40-35-111; T.P.I. Crim. 7.08(b) and (c).

The criminal defense attorneys at Baker Associates have successfully represented individuals charged with homicide offenses in Tennessee. Criminal homicide is the unlawful killing of another person. Under Tennessee law, criminal homicide is broken down into seven classifications: First Degree Murder, Second Degree Murder, Voluntary Manslaughter, Reckless Homicide, Criminally Negligent Homicide, Assisted Suicide, and Vehicular Homicide.

Tennessee Code Annotated § 39-13-212 defines Criminally Negligent Homicide as criminally negligent conduct that results in death.

Criminally Negligent Homicide:
In order to be found guilty of Criminally Negligent Homicide, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:
(1) That the defendant's conduct resulted in the death of the alleged victim;
and
(2) That the defendant acted with criminal negligence, i.e., the defendant ought to have been aware of a substantial and unjustifiable risk that the alleged victim would be killed. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the defendant's standpoint.
The requirement of "criminal negligence" is established if it is shown that the defendant acted either intentionally, knowingly, or recklessly.

In homicide cases, the mental state of the accused at the time he or she allegedly killed must be carefully considered in order to determine whether the accused will be convicted of First or Second Degree Murder or a lesser offense, such as Criminally Negligent Homicide.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Murder, Criminally Negligent Homicide, or another homicide offense. Criminally Negligent Homicide is a Class E felony. A person convicted of Criminally Negligent Homicide is punished by imprisonment from 1 year to 6 years and can be fined up to $3,000.00.

If you or a close friend or relative has been charged with Criminally Negligent Homicide or another homicide offense in Knoxville, Sevierville, or Maryville, Tennessee, contact our experienced criminal defense attorneys as soon as possible. Our team of attorneys will work quickly to investigate and prepare your defense.

Sources: Tenn. Code Ann. § 39-13-212; Tenn. Code Ann. § 40-35-111; T.P.I. Crim. 7.07.

The criminal defense attorneys at Baker Associates have successfully represented individuals charged with assault offenses in Tennessee, including Domestic Assault. The distinction between Assault and Domestic Assault is that the “domestic abuse victim” must have a certain type of close or family relationship with the alleged perpetrator. In many cases, alcohol and/or drugs are a common factor in charges of Domestic Assault.

Domestic Assault:
According to Tennessee Code Annotated § 39-13-101 and -111, a person commits Domestic Assault who:
(1) Intentionally, knowingly, or recklessly causes bodily injury to a “domestic abuse victim”;
(2) Intentionally or knowingly causes a “domestic abuse victim” to reasonably fear imminent bodily injury; or
(3) Intentionally or knowingly causes physical contact with a “domestic abuse victim” and a reasonable person would regard the contact as extremely offensive or provocative.

A “domestic abuse victim” means any person who falls within any of the following categories:
(1) Adults or minors who are current or former spouses;
(2) Adults or minors who live together or who have lived together;
(3) Adults or minors who are dating or who have dated or who have or had a sexual relationship (not including fraternization between two individuals in a business or social context);
(4) Adults or minors related by blood or adoption;
(5) Adults or minors who are related or were formerly related by marriage; or
(6) Adult or minor children of a person described in sections (1) through (5).

“Bodily injury” includes a cut, abrasion, bruise, burn or disfigurement, physical pain, temporary illness, or impairment of the function of a bodily member, organ, or mental faculty.

Domestic Assault under sections (1) and (2) is a Class A Misdemeanor, punishable by a maximum penalty of eleven months and twenty-nine days and a fine up to $2,500.00. Domestic Assault under section (3) is a Class B Misdemeanor, punishable by a maximum penalty of six months and a fine up to $500.00. Additionally, the judge may assess an additional fine up to $200.00 to fund family violence shelters and shelter services for any charge of Domestic Assault.

In addition to imprisonment and fines, a person convicted of Domestic Assault may have to complete anger management classes, family counseling, and alcohol/drug assessment with treatment. A conviction for Domestic Assault will further affect one’s ability to own or possess a firearm, even for first-time offenders.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Domestic Assault. A conviction of Domestic Assault carries severe penalties. If you or a relative has been charged with Domestic Assault, contact our experienced criminal defense attorneys as soon as possible. Our team of attorneys will work quickly and utilize our legal staff, private investigators, and experts to investigate and prepare your defense.

Sources: Tenn. Code Ann. §§ 39-13-101, -111; T.P.I. Crim. 6.08.

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 individuals charged with homicide offenses in Tennessee. Criminal homicide is the unlawful killing of another person. Under Tennessee law, criminal homicide is broken down into seven classifications: First Degree Murder, Second Degree Murder, Voluntary Manslaughter, Reckless Homicide, Criminally Negligent Homicide, Assisted Suicide, and Vehicular Homicide.

Tennessee Code Annotated § 39-13-211 defines Voluntary Manslaughter as the intentional or knowing killing of another person in a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner. Voluntary Manslaughter is commonly referred to as a "crime of passion."

Voluntary Manslaughter:
In order to be found guilty of Voluntary Manslaughter, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:
(1) That the defendant unlawfully killed the alleged victim;
and
(2) That the defendant acted intentionally, i.e., it was the defendant's conscious objective or desire to cause the death of the alleged victim, or acted knowingly, i.e., acted with an awareness that his or her conduct was reasonably certain to cause the death of the alleged victim;
and
(3) That the killing resulted from a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner.

In homicide cases, the mental state of the accused at the time he or she allegedly killed must be carefully considered in order to determine whether the accused will be convicted of First or Second Degree Murder, Voluntary Manslaughter, or a lesser offense. The distinction between Voluntary Manslaughter and Second Degree Murder is that voluntary manslaughter requires that the killing result from a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Murder, Voluntary Manslaughter, or another homicide offense. Voluntary Manslaughter is a Class C felony. A person convicted of Voluntary Manslaughter is punished by imprisonment from 3 years to 15 years and can be fined up to $10,000.00.

If you or a close friend or relative has been charged with Voluntary Manslaughter, contact our experienced criminal defense attorneys as soon as possible. Our team of attorneys will work quickly and utilize our legal staff, private investigators, and experts to investigate and prepare your defense.

Sources: Tenn. Code Ann. § 39-13-211; T.P.I. Crim. 7.06.

The criminal defense attorneys at Baker Associates have successfully represented individuals charged with homicide offenses in Tennessee. Criminal homicide is the unlawful killing of another person. Under Tennessee law, criminal homicide is broken down into seven classifications: First Degree Murder, Second Degree Murder, Voluntary Manslaughter, Reckless Homicide, Crminally Negligent Homicide, Assisted Suicide, and Vehicular Homicide.

Tennessee Code Annotated § 39-13-210(a) defines Second Degree Murder as:
(1) A knowing killing of another;
or
(2) A killing of another that results from the unlawful distribution of any Schedule I or Schedule II drug, when the drug is the proximate cause of the death of the user.

Additionally, subsection (b) further states that in a prosecution for second degree murder, if the defendant knowingly engages in multiple incidents of domestic abuse, assault or the infliction of bodily injury against a single victim, the trier of fact (i.e., the jury) may infer that the defendant was aware that the cumulative effect of the conduct was reasonably certain to result in the death of the victim, regardless of whether a single incident would have resulted in the death.

Second Degree Murder: Killing of Another Using a Schedule I or Schedule II Drug

In order to be found guilty of Second Degree Murder due to unlawful distribution of a Schedule I or II Drug, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:

(1) That the defendant unlawfully distributed a Schedule I or Schedule II drug;
and
(2) That the drug was the proximate cause of the death;
and
(3) That the defendant acted either intentionally, knowingly, or recklessly.

An example of a Second Degree Murder charge by distributing Schedule I or Schedule II drugs would arise where a defendant injects a person with Heroin, a Schedule I narcotic, and that person dies from a drug overdose.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Second Degree Murder or another homicide offense. The penalties for Second Degree Murder are severe--Second Degree Murder is a Class A felony. A person convicted of Seond Degree Murder is punished by imprisonment from 15 years to 60 years and can be fined up to $50,000.00.

If you or a close friend or relative has been charged with Second Degree Murder, 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. § 39-13-210; T.P.I. Crim. 7.05(b).

The criminal defense attorneys at Baker Associates have successfully represented individuals charged with homicide offenses in Tennessee. Criminal homicide is the unlawful killing of another person. Under Tennessee law, criminal homicide is broken down into seven classifications: First Degree Murder, Second Degree Murder, Voluntary Manslaughter, Reckless Homicide, Criminally Negligent Homicide, Assisted Suicide, and Vehicular Homicide.

Tennessee Code Annotated § 39-13-210(a) defines Second Degree Murder as:
(1) A knowing killing of another;
or
(2) A killing of another that results from the unlawful distribution of any Schedule I or Schedule II drug, when the drug is the proximate cause of the death of the user.

Additionally, subsection (b) further states that in a prosecution for second degree murder, if the defendant knowingly engages in multiple incidents of domestic abuse, assault or the infliction of bodily injury against a single victim, the trier of fact (i.e., the jury) may infer that the defendant was aware that the cumulative effect of the conduct was reasonably certain to result in the death of the victim, regardless of whether a single incident would have resulted in the death.

Second Degree Murder: Knowing Killing

In order to be found guilty of Knowing Second Degree Murder, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:
(1) That the defendant unlawfully killed the alleged victim;
and
(2) That the defendant acted knowingly, i.e., acted with an awareness that his or her conduct was reasonably certain to cause the death of the alleged victim.
Additionally, the requirement of "knowingly" is also established if it is shown that the defendant acted "intentionally."

In homicide cases, the mental state of the accused at the time he or she allegedly killed another person must be carefully considered in order to determine whether the accused will be convicted of Second Degree Murder or a lesser offense.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Second Degree Murder or another homicide offense. The penalties for Second Degree Murder are severe--Second Degree Murder is a Class A felony. A person convicted of Seond Degree Murder is punished by imprisonment from 15 years to 60 years and can be fined up to $50,000.00.

If you or a close friend or relative has been charged with Second Degree Murder, 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. § 39-13-210; T.P.I. Crim. 7.05(a).

The Tennessee criminal defense attorneys at Baker Associates have successfully represented individuals charged with homicide offenses in Tennessee. Criminal homicide is the unlawful killing of another person. Under Tennessee law, criminal homicide is broken down into seven classifications: First Degree Murder, Second Degree Murder, Voluntary Manslaughter, Reckless Homicide, Criminally Negligent Homicide, Assisted Suicide, and Vehicular Homicide.

Tennessee Code Annotated § 39-13-202 defines First Degree Murder as
(1) A premeditated and intentional killing of another;
(2) 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 (i.e., Felony Murder); or
(3) A killing of another committed as the result of the unlawful throwing, placing or discharging of a destructive device or bomb.

First Degree Murder: Destructive Device or Bomb:

There is no requirement for a culpable mental state to be found guilty of First Degree Murder pursuant to this statute. The State must prove beyond a reasonable doubt that the person intended to commit the act of unlawfully throwing, placing or discharging of a destructive device or bomb which resulted in the killing of a another.

A person convicted of First Degree Murder pursuant to the Destructive Device or Bomb portion of the statute faces the same severe penalties as if the killing were premeditated and intentional or if committed during the attempt or commission of a serious felony. If convicted of First Degree Murder by Destructive Device or Bomb, a person is punished by one of three sentences:
(1) Death;
(2) Imprisonment for life without possibility of parole; or
(3) Imprisonment for life.

It is extremely important to contact a qualified Tennessee criminal defense attorney if you or a friend or relative has been charged with First Degree Murder or another homicide offense. The attorneys at Baker Associates will work diligently to begin actively investigating your case and utilizing private investigators and forensic experts to further aid in your defense. Contact Baker Associates today for a free consultation for First Degree Murder defense.

Sources: T.C.A. § 39-13-202; T.P.I. Crim. 7.03(b).

The Tennessee criminal defense attorneys at Baker Associates have successfully represented individuals charged with homicide offenses in Tennessee. Criminal homicide is the unlawful killing of another person. Under Tennessee law, criminal homicide is broken down into seven classifications: First Degree Murder, Second Degree Murder, Voluntary Manslaughter, Reckless Homicide, Criminally Negligent Homicide, Assisted Suicide, and Vehicular Homicide.

Tennessee Code Annotated § 39-13-202 defines First Degree Murder as
(1) A premeditated and intentional killing of another;
(2) 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 (i.e., Felony Murder); or
(3) A killing of another committed as the result of the unlawful throwing, placing or discharging of a destructive device or bomb.

First Degree Murder: Felony Murder:
In Tennessee, there is a "felony murder" statute which provides that a person who engaged in one of the listed felony offenses and another person was killed during the commission of the felony or during an attempt to commit the felony, that person may be found guilty of First Degree Murder. Under this part of the statute, the State is not required to prove that the killing was "premeditated and intentional." For example, to be found guilty of First Degre Murder pursuant to the Felony Murder statute for a killing during the perpetration of Child Rape, the State must prove each of the following elements beyond a reasonable doubt:

(1) that the defendant unlawfully killed the alleged victim;
and
(2) that the killing was committed in the perpetration of or the attempt to perpetrate the alleged Rape of a Child; that is, that the killing was closely connected to the alleged Rape of a Child and was not a separate, distinct and independent event;
and
(3) that the defendant intended to commit the alleged Rape of a Child.
The intent to commit the Rape of a Child must exist before or at the same time as the commission of the act causing the death of the victim. Proof that such intent to commit the underlying felony existed before or at the same time of the act of killing is a question for the jury.

A person convicted of First Degree Murder pursuant to the Felony Murder portion of the statute faces the same severe penalties as if the killing were premeditated and intentional. If convicted of First Degree Felony Murder, a person is punished by one of three sentences:
(1) Death;
(2) Imprisonment for life without possibility of parole; or
(3) Imprisonment for life.

It is extremely important to contact a qualified Tennessee criminal defense attorney if you or a friend or relative has been charged with Felony Murder or another homicide offense. Our attorneys have successfully handled many cases involving serious felonies, including rape, robbery, burglary, aggravated child abuse, and rape of a child. Because a charge of felony murder involves the attempt or commission of at least one other serious felony offense, please contact our attorneys so that we may begin actively investigating your case.

Sources: T.C.A. § 39-13-202 ; T.P.I. Crim. 7.03(b).

The criminal defense attorneys at Baker Associates have successfully represented individuals charged with homicide offenses in Tennessee. Criminal homicide is the unlawful killing of another person. Under Tennessee law, criminal homicide is broken down into seven classifications: First Degree Murder, Second Degree Murder, Voluntary Manslaughter, Reckless Homicide, Criminally Negligent Homicide, Assisted Suicide, and Vehicular Homicide.

Tennessee Code Annotated § 39-13-202 defines First Degree Murder as:
(1) A premeditated and intentional killing of another;
(2) 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
(3) A killing of another committed as the result of the unlawful throwing, placing or discharging of a destructive device or bomb.

First Degree Murder: Premeditated and Intentional Killing
In order to be found guilty of Premediated and Intentional First Degree Murder, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:
(1) That the defendant unlawfully killed the alleged victim;
and
(2) That the defendant acted intentionally, i.e., it was the defendant's conscious objective or desire to cause the death of the alleged victim;
and
(3) That the killing was premeditated, i.e., the killing was done after the exercise of reflection and judgment and that the intent to kill must have been formed prior to the act of killing itself.

In homicide cases, the mental state of the accused at the time he or she allegedly decided to kill must be carefully considered in order to determine whether the accused will be convicted of First Degree Murder or a lesser offense.

It is important to hire a Tennessee criminal defense lawyer if you are charged with First Degree

Murder or another homicide offense. The penalties for First Degree Murder are severe. A person convicted of First Degree Murder is punished by one of three sentences:
(1) Death;
(2) Imprisonment for life without possibility of parole; or
(3) Imprisonment for life.

If you or a close friend or relative has been charged with First Degree Murder, contact our experienced criminal defense attorneys as soon as possible. Our team of attorneys will work quickly and utilize our legal staff, private investigators, and experts to investigate and prepare your defense.

Sources: Tenn. Code Ann. § 39-13-202; T.P.I. Crim. 7.01(b).

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 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.

Knoxville harassment lawyers have defended many clients throughout the East Tennessee area. Although the basis of the harassment charge might be sexual in nature, harassment charges may be brought against many types of behavior. The criminal law dealing with harassment was recently amended in 2001 in Tennessee. It penalizes harassing or threatening telephone calls or written communications. Prior law was similar, but dealt only with telephone calls. According to Tennessee law, A person commits harassment who intentionally:

• Threatens, by telephone, in writing, or by electronic communication, including electronic mail or internet services, to take action known to be unlawful against any person, and by this action knowingly annoys or alarms the recipient;
• Places one or more telephone calls anonymously, or at an hour or hours known to be inconvenient to the victim, or in an offensively repetitious manner, or without a legitimate purpose of communication, and by this action knowingly annoys or alarms the recipient; or
• Communicates by telephone to another that a relative or other person has been injured, killed or is ill when the communication is known to be false. Tenn. Code Ann. § 39-17-308 (2007).
• A violation here is a Class A misdemeanor.

This statute encompasses the typical harassment forms of conduct such as late night phone calls, communication involving unlawful conduct, and false communication concerning the death of a family member. A more serious form of harassment occurs when the defendant in a criminal case harasses the victim.

A person convicted of a criminal offense commits harassment if, while incarcerated, on pre-trial diversion, probation, community correction or parole, the person intentionally communicates in person with the victim of the person's crime if the communication is:

• Anonymous or threatening or made in an offensively repetitious manner or at hours known to be inconvenient to the victim;
• Made for no legitimate purpose; and
• Made knowing that it will alarm or annoy the victim.

If the victim of the person's offense died as the result of the offense, then the deceased victim's next-of-kin shall be considered the victim. This form of harassment constitutes a Class E felony if convicted. If you are charged with harassment under Tennessee criminal law, contact a criminal defense attorney. Our offices handle these charges in Johnson City, Kingsport, Bristol, Greenville, Morristown, Jefferson City, Sevierville, Newport, Knoxville, Loudon, and Maryville.

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 DUI attorneys understand that getting charged with DUI is a difficult experience. If you drive a company vehicle for a living, your job could be in jeopardy. A DUI charge can be embarrassing and your reputation with your friends, family, and community may be negatively impacted. A DUI charge can also be expensive with the attorney fees and court costs.

Often times, the same people are in and out of the criminal justice system. What seems to separate DUI charges from a lot of the other criminal charges is that anyone can be charged with a DUI. Many times, the person charged with DUI lives a normal life with a full time job or school and simply makes a mistake. He or she is not engaged in daily criminal activities.

Vehicular assault in Tennessee is a crime that arises from a DUI. According to Tennessee law, a person commits vehicular assault who, as the proximate result of the person’s intoxication, recklessly causes serious bodily injury to another person by the operation of a motor vehicle. Tenn. Code Ann. § 39-13-106 (2007). Vehicular assault is a Class D felony in the state of Tennessee.

A person can not be charged with both DUI and vehicular assault in the state of Tennessee from the same occurrence because DUI is a lesser included offense of vehicular assault. If convicted of vehicular assault, the accused faces not only incarceration time, but loss of driving privileges as well.

Upon the conviction of a person for the first offense of vehicular assault, the court shall prohibit the convicted person from driving a vehicle in Tennessee for a period of one year. For the second such conviction, the court shall prohibit the convicted person from driving a vehicle in Tennessee for a period of two years. For the third such conviction, the court shall prohibit the convicted person from driving a vehicle in Tennessee for a period of three years. For fourth and subsequent convictions, the court shall prohibit the person from driving a vehicle in Tennessee for a period of five years. Tenn. Code Ann. § 39-13-106 (2007).

If you are charged with DUI or vehicular assault in Tennessee, contact a Tennessee criminal defense lawyer. It is important that these charges be handled in a competent and diligent manner. Often times, the punishment on these charges are exponentially harsher on the second offense, so make sure you are well represented on the first charge. Our office handles DUI and other criminal matters in the Knoxville, Gatlinburg, Pigeon Forge, Sevierville, Johnson City, and Chattanooga areas.

Knoxville Kidnapping lawyers help clients charged with kidnapping and custodial interference charges in the East Tennessee area. Custodial interference is a Tennessee crime that closely resembles kidnapping. One of the biggest distinctions is that custodial interference mainly pertains to family members of the victim.

Post-divorce life can be difficult for all parties involved. Parents nationally often attempt to flee the jurisdiction that rendered an adverse custody decision. The Parental Kidnapping Prevention Act (PKPA), and then the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) helped alleviate the confusion pertaining to where and when new court proceedings may be filed. States have adopted there own criminal laws preventing family members from napping kids or violating a court order. According to Tennessee law, It is the offense of custodial interference for a natural or adoptive parent, step-parent, grandparent, brother, sister, aunt, uncle, niece, or nephew of a child younger than eighteen years of age to:

• Remove the child from this state knowing that the removal violates a child custody determination, the rightful custody of a mother, or a temporary or permanent judgment or court order regarding the custody or care of the child;
• Detain the child within this state or remove the child from this state after the expiration of the noncustodial natural or adoptive parent or guardian's lawful period of visitation, with the intent to violate the rightful custody of a mother, or a temporary or permanent judgment or a court order regarding the custody or care of the child;
• Harbor or hide the child within or outside this state, knowing that possession of the child was unlawfully obtained by another person in violation of the rightful custody of a mother, or a temporary or permanent judgment or a court order; or
• Act as an accessory to anything listed above. Tenn. Code Ann. § 39-13-306 (2007).

It is also the offense of custodial interference for a natural or adoptive parent, step-parent, grandparent, brother, sister, aunt, uncle, niece, or nephew of an incompetent person to:

• Remove the incompetent person from this state knowing that the removal violates a temporary or permanent judgment or a court order regarding the custody or care of the incompetent person;
• Harbor or hide the incompetent person within or outside this state, knowing that possession of the incompetent person was unlawfully obtained by another person in violation of a temporary or permanent judgment or a court order; or
• Act as an accessory to anything listed above. Tenn. Code Ann. § 39-13-306 (2007).

It is a defense to custodial interference that the person who removed the child or incompetent person reasonably believed that the failure to remove the child or incompetent person would have resulted in a clear and present danger to the health, safety, or welfare of the child or incompetent person. It is also a defense to custodial interference that the individual detained or moved in contravention of the rightful custody of a mother, or of the order of custody or care, was returned by the defendant voluntarily and before arrest or the issuance of a warrant for arrest.

Custodial interference is a Class E felony, unless the person taken from lawful custody is returned voluntarily by the defendant, in which case custodial interference is a Class A misdemeanor. If you have been charged with custodial interference in Tennessee, contact a criminal defense attorney. Our lawyers handle these cases in Knoxville, Newport, Sevierville, Johnson City, Morristown, Maryville, Loudon, and Kingsport.

Tennessee Criminal Lawyers understand the impact that an assault charge can have on your life. It is important to realize that the facts of every assault case are different. There are various classifications of assault under Tennessee law. Our Tennessee Attorneys handle assault charges in the Gatlinburg, Sevierville, Pigeon Forge, and Knoxville area. An individual charged with assault should contact a Tennessee Criminal Lawyer as quickly as possible in order to maximize legal avenues for the best possible resolution.

Unlike other jurisdictions, there is no assault / battery distinction under Tennessee criminal law. Basically, what other jurisdictions call a battery is also called an assault in Tennessee. According to Tennessee criminal law, a person commits assault when they:

• Intentionally, knowingly or recklessly causes bodily injury to another;

• Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or

• Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative. Tenn. Code Ann. § 39-13-101 (2007).

A charge of assault based upon the first two bullets above is considered to be a Class A misdemeanor. A charge of assault based upon the last bullet is considered to be a Class B misdemeanor. Misdemeanors in Tennessee are generally scaled from A to C. An A misdemeanor is considered more severe than either a B or C misdemeanor. Likewise, B misdemeanors are generally more severe than C misdemeanors.

It certain situations, an assault may become aggravated. A person commits aggravated assault when they:

• Intentionally or knowingly commit an assault as defined above and that assault:

(A) Causes serious bodily injury to another; or

(B) Uses or displays a deadly weapon; or

• Recklessly commits an assault by causing bodily injury to another, and:

(A) Causes serious bodily injury to another; or

(B) Uses or displays a deadly weapon. Tenn. Code Ann. § 39-13-102 (2007).

This is not an exhaustive list of the different ways to commit aggravated assault. Aggravated assault under the first bullet is a Class C felony. Aggravated assault under the second bullet is a Class D felony. Felonies in Tennessee are more severe than misdemeanors. In Tennessee, felonies are scaled from A to E. A felonies are the more severe than E felonies. If you are charged with either assault or aggravated assault under Tennessee law, it is important to contact a Tennessee Criminal Attorney to ensure the best possible resolution to your case.

Tennessee criminal defense attorneys assist their clients with reckless endangerment charges in the Knoxville, Sevierville, Pigeon Forge, and the Gatlinburg areas. Each reckless endangerment case in Tennessee will be different. Tennessee criminal defense lawyers understand that their clients usually lacked malicious intent when the charges were brought.

A person commits reckless endangerment if he or she recklessly engages in conduct that places, or may place, another person in imminent danger of death or serious bodily injury. To act recklessly is to act with a conscious disregard of the likelihood that the conduct will cause an illegal result. Reckless endangerment is a Class A misdemeanor; however, reckless endangerment committed with a deadly weapon is a Class E felony. Tenn. Code Ann. § 39-13-103 (2007).

It is interesting to note that no harm is required to be convicted of reckless endangerment in Tennessee. Some examples of conduct that may or may not give rise to reckless endangerment are the following:

• The defendant's conduct in firing shots at a house, where occupants were not his intended victims, constituted reckless endangerment. State v. Wilson, 924 S.W.2d 648 (Tenn. 1996).
• Defendant's mere discharge of a gun into the air or up into a tree top was not sufficient to constitute the commission of reckless endangerment. State v. Fox, 947 S.W.2d 865 (Tenn. Crim. App. 1996).
• Driver who had a couple of drinks and approached a blind curve at night at such speed that he could not stop in time to avoid hitting a car in his lane attempting to make a legal left turn was reckless and was aware of the risk created by his driving, but consciously disregarded it. State v. Lewis, 978 S.W.2d 558 (Tenn. Crim. App. 1997).
• Evidence was sufficient to support reckless endangerment conviction where testimony indicated defendant was driving fifteen to twenty miles over the speed limit and "whipped up into" an unsuspecting man's driveway, such that the man had to run to avoid being run over. State v. Neely, 1 S.W.3d 679 (Tenn. Crim. App. 1999).

Many reckless endangerment charges are brought against drivers, but the offense could be committed in an unlimited different number of situations that do not involve vehicles. If you are charged with either misdemeanor or felony reckless endangerment in Tennessee, contact a Tennessee criminal defense attorney. Tennessee criminal defense attorneys will fight for your rights at every stage of the criminal process. Tennessee criminal defense lawyers will challenge the heavy burden that the state must prove to convict you of a reckless endangerment charge.

Tennessee criminal defense lawyers help clients charged with carjacking in the East Tennessee area. Carjacking closely resembles robbery under Tennessee law. There are three robbery offenses in Tennessee: robbery, aggravated robbery, and especially aggravated robbery. The robbery offenses and the resulting punishment are based upon the potential for harm or actual harm to the victim.

Under Tennessee law, "Carjacking" is the intentional or knowing taking of a motor vehicle from the possession of another by use of:

• A deadly weapon; or

• Force or intimidation

The General assembly in Tennessee wanted to distinguish carjacking from one of the three robbery offenses. First, the general assembly recognized that carjacking is usually committed in order to facilitate the perpetrator's flight from the scene of a prior crime. Next, the theft of the vehicle not only makes the perpetrator's escape more likely, but also puts the public at risk when the perpetrator flees. Ultimately, the theft of a vehicle deprives the victim of his or her freedom of movement. For these reasons, carjacking is taken seriously under Tennessee law, as it is a Class B felony. Class B felonies are punishable between eight and thirty years incarceration, and a fine up to twenty-five thousand dollars ($25,000).

If you or a loved one has been charged with robbery, carjacking, or any other crime under Tennessee law, contact a criminal defense attorney today. All initial consultations are free. Our criminal attorneys help client in East Tennessee including Knoxville, Sevierville, Gatlinburg, Pigeon Forge, Morristown, Maryville, Loudon, and Madisonville.

Tennessee criminal defense attorneys realize that parents should always contribute to the upbringing of their children. It is important for parents to be emotionally, physically, and monetarily involved with their children. The Tennessee legislature takes the offense of nonsupport seriously.

Under Tennessee law, a person commits the crime of nonsupport who fails to provide support which that person is able to provide and knows the person has a duty to provide to a minor child or to a child or spouse who, because of physical or mental disability, is unable to be self-supporting.

• "Child" includes legitimate children and children whose parentage has been admitted by the person charged or established by judicial action.
• "Support" includes financial assistance, food, shelter, clothing, medical attention or, if determined elsewhere by law, other necessary care. Tenn. Code Ann. § 39-15-101 (2007).

Under Tennessee law, a person commits the offense of flagrant nonsupport who:

• Leaves or remains without the state to avoid a legal duty of support; or
• Having been convicted one or more times of nonsupport or flagrant nonsupport, is convicted of a subsequent offense under this section.

Nonsupport is a Class A misdemeanor. Class A misdemeanors are punishable by imprisonment not greater than eleven months, twenty-nine days or a fine not to exceed $2,500.00, or both. Flagrant nonsupport under subsection is a Class E felony. Class E felonies are punishable by imprisonment of 1 to 6 years and a fine not to exceed $3,000.00. If you have been charged with nonsupport or any other criminal offense, contact a criminal defense attorney. Our lawyers handle all types of criminal cases in Knoxville, Sevierville, Pigeon Forge, Morristown, Maryville, Newport, and Johnson City.

Tennessee homicide attorneys provide aggressive representation for clients charged with any of the eight homicide offenses recognized in Tennessee. The penalty for any homicide crime is significant. Tennessee homicide lawyers understand how important these charges are and will fight for you at every stage of the legal proceeding.

Many negative connotations are associated with the word homicide. Not all homicides are committed with malicious intent. This is often the case in vehicular homicide cases. According to Tennessee law, vehicular homicide is the reckless killing of another by the operation of an automobile, airplane, motorboat or other motor vehicle, as the proximate result of:

• Conduct creating a substantial risk of death or serious bodily injury to a person;
• As the proximate result of conduct constituting the offense of drag racing; or
• By the driver's intoxication. Intoxication includes alcohol intoxication, drug intoxication, or both.

Vehicular homicide under the first two bullets is considered to be a Class C felony. Vehicular homicide under the last bullet is a Class B felony. Not only does the accused face jail time, the court will take away driving privileges if convicted of a vehicular homicide charge. The court shall prohibit a defendant convicted of vehicular homicide from driving a vehicle in Tennessee for no less than three years or more than ten years. Tenn. Code Ann. § 39-13-213 (2007).

Vehicular homicide can become aggravated in certain circumstances. Aggravated vehicular homicide is vehicular homicide, as discussed above where:

• The defendant has two or more prior convictions for:
A) DUI; B)Vehicular assault; C) or a combination of the two.
• The defendant has one or more prior convictions for the offense of vehicular homicide; or
• There was, at the time of the offense, .20% or more, by weight of alcohol in the defendant's blood and the defendant has one prior conviction for:
A) DUI; or B) Vehicular assault.

The term prior conviction here means an offense for which the defendant was convicted prior to the commission of the instant vehicular homicide and includes convictions occurring prior to July 1, 1996. The term prior conviction could also include convictions under the laws of another state, government, or country depending upon the circumstances.

Aggravated vehicular homicide is a serious charge in Tennessee. It is a Class A felony, the highest level of felonies. If you are charged with vehicular homicide, aggravated vehicular homicide, or another homicide charge, contact a Tennessee homicide lawyer. Tennessee homicide attorneys assist clients in the Knoxville, Sevierville, Johnson City, Greenville, Maryville, Bristol, and Kingsport areas.

Any homicide charge is a life altering experience. If you are charged with a homicide in Tennessee, contact a Tennessee homicide lawyer. Tennessee homicide attorneys can assist you during this difficult time. Tennessee homicide lawyers are experienced in this area of law and understand the difficulty the accused faces. The accused must deal with the traumatic experience of killing another, unwanted publicity, losing employment, and perhaps jail time.

There are seven homicide crimes under Tennessee law: assisted suicide, criminally negligent homicide, reckless homicide, vehicular homicide, voluntary manslaughter, second degree murder, and first degree murder. This blog will discuss criminally negligent homicide and reckless homicide. The difference between the two is the degree of culpable mental states.

According to Tennessee law, criminally negligent conduct that results in death constitutes criminally negligent homicide. Tenn Code Ann. § 39-13-212 (2007) "Criminal negligence" refers to a person who acts with criminal negligence with respect to the circumstances surrounding that person's conduct or the result of that conduct when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint. Tenn. Code Ann. § 39-11-302 (2007).

Criminally negligent homicide is an offense which is new to Tennessee. It replaces involuntary manslaughter. The culpable mental state for criminally negligent homicide is very different than simple negligence under tort law. Rather, criminal negligence requires "a substantial and unjustifiable risk" and the risk must be of such a nature and degree that "the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the person's standpoint."

Criminally negligent homicide is a Class E felony. Reckless homicide is defined under Tennessee law as the reckless killing of another and is considered a Class D felony. Tenn Code Ann. § 39-13-215 (2007) "Reckless" refers to a person who acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint. Tenn. Code Ann. § 39-11-302 (2007).

The mental state of reckless is somewhere between negligence and intentional conduct under criminal law. Recklessness is higher than negligence, but lower than intentional conduct. If you have been charged with a homicide crime in Tennessee, contact a Tennessee homicide attorney. Tennessee homicide attorneys handle homicide cases in Sevierville, Knoxville, Morristown, Johnson City, Chattanooga, Greenville, Newport, Kingsport, Bristol, and Maryville.

Tennessee criminal defense lawyers can help if you are charged with robbery in Tennessee. Robbery cases sometimes present special challenges to prosecutors. Most robberies happen after dark. If there are witnesses, they may be unclear as to what they have seen. Surveillance camera evidence is often grainy and unclear. In addition, Robbery crime scenes usually are not secured with the same degree of care compared to homicide investigations. As a result, important evidence could be mishandled.

Many people do not know the differences between the conduct that constitutes robbery, theft, and burglary. These crimes all seem to be some form of stealing. Robbery is simply a knowing theft plus violence or fear. Under Tennessee law, robbery is the intentional or knowing theft of property from the person of another by violence or putting the person in fear. Tenn. Code Ann. § 39-13-401 (2007).

"Intentional" refers to a person who acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result. "Knowing" refers to a person who acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result. Tenn. Code Ann. § 39-11-302 (2007).

Tennessee takes robbery offenses seriously as robbery is considered a Class C felony. Robbery can be elevated in two circumstances to aggravated robbery or especially aggravated robbery. According to Tennessee law, Aggravated robbery is robbery plus:

• accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon; or

• Where the victim suffers serious bodily injury. Tenn. Code Ann. § 39-13-402 (2007).

Aggravated robbery is a Class B felony. Especially aggravated robbery is robbery plus:

• Accomplished with a deadly weapon; and

• Where the victim suffers serious bodily injury. Tenn. Code Ann. § 39-13-403 (2007).

Especially aggravated robbery is a Class A felony, the most serious type of felony under Tennessee law. The difference between aggravated robbery and especially aggravated robbery is that especially aggravated robbery requires both the use of a deadly weapon and serious bodily injury; whereas, aggravated robbery only requires use of a weapon or serious bodily injury. If you are charge with robbery; aggravated robbery, or especially aggravated robbery in Tennessee, contact a Tennessee robbery lawyer. Our robbery attorneys handle these types of cases in the Knoxville, Sevierville, Chattanooga, and Johnson City areas.

Tennessee homicide lawyers understand that homicide cases are emotionally compelling crimes. The emotional reaction of the defendant that induced the killing is the focus of voluntary manslaughter in Tennessee.

Strong emotions surround the family and friends of the victim, the community, and the defendant in homicide cases. The victim’s family and friends often have strong feelings towards the defendant regardless of innocence. They may not be able to see past evidence that tends to exculpate the defendant. This certainly seems normal as we are all emotional beings and the death, especially the unexpected death of a family member or friend, has a strong effect.

A homicide case further impacts the community where the crime occurred. Most of the time here in Tennessee, homicide cases are highly publicized. Television stations, newspapers, and radio stations cover these stories because they are issues of great public concern. Many people in the community will have strong feelings on what happened and what the punishment should be.

The defendant also usually has strong emotions both before and after the occurrence. After the event, the accused may feel great remorse and shame. The voluntary manslaughter statute in Tennessee focuses on the defendant’s emotions before the killing. According to Tennessee law, voluntary manslaughter (a Class C felony) is the intentional or knowing killing of another in a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner. Tenn. Code Ann. § 39-13-211 (2007).

There usually is a fine line between first degree murder and voluntary manslaughter. The state legislature recognizes that there are certain events that would cause a reasonable man to commit murder without “cooling off.” The defendant's "passions" must be produced by "adequate provocation" which would lead a "reasonable person" to act in an “irrational manner” in order to mitigate to voluntary manslaughter. If the state proves a premeditated and deliberate killing of another, meaning that the state has proven the absence of passion or provocation, then, the defendant should be adjudged guilty of first degree murder.

A common example of voluntary manslaughter in Tennessee occurs when a spouse comes home and finds her marital partner in bed having sex with another. Another example might be when someone retaliates from physical force of another and that retaliation results in death. There are two important concepts that are often misunderstood about voluntary manslaughter. First, there must be no cooling off period. The event must cause the killing almost immediately. It must be the type of event that causes a reasonable person to behave irrationally. Secondly, if the defendant qualifies, he or she is still guilty of voluntary manslaughter and is not relieved of criminal liability. Usually, first or second degree murder is simply mitigated to voluntary manslaughter. If you have been charged with any of the homicide charges in Tennessee, contact a Tennessee homicide lawyer.

Tennessee homicide attorneys provide aggressive representation for clients charged with killing another through their own intentional, reckless, or negligent conduct. The penalties for a conviction on any of these charges are severe. Tennessee homicide lawyers understand what is at stake and will fight for your rights at every opportunity.

Tennessee homicide lawyers help defend against charges of first degree murder, second degree murder, voluntary manslaughter, criminally negligent homicide, vehicular homicide, reckless homicide, and assisted suicide throughout Tennessee including Knoxville, Sevierville, Chattanooga, and Johnson City. First degree murder is the most serious type of homicide charge and has been discussed in a prior blog. Just below first degree murder is second degree murder in the homicide hierarchy. Second degree murder is a Class A felony. According to Tennessee law, second degree murder is:

• A knowing killing of another; or
• A killing of another that results from the unlawful distribution of any Schedule I or Schedule II drug, when the drug is the proximate cause of the death of the user.

If the defendant knowingly engages in multiple incidents of domestic abuse, assault or the infliction of bodily injury against a single victim, the trier of fact may infer that the defendant was aware that the cumulative effect of the conduct was reasonably certain to result in the death of the victim, regardless of whether any single incident would have resulted in the death. Tenn. Code Ann. § 39-13-210 (2007).

The second bullet is unusual in many states but remains the law here in Tennessee. If someone deals a schedule I or II drug that results in the death of another, then he or she may be charged with second degree murder regardless of intent. If you have been arrested or charged with killing another, you probably feel devastated. You perhaps have begun to build your own prison of guilt. You must remember that you have rights and those rights should be protected. Tennessee homicide attorneys will help you protect those rights.

Tennessee criminal defense attorneys can assist with charges of false imprisonment or kidnapping. Traditionally, kidnapping is thought of as a two step process. You need a kid + a napping or taking, right? This certainly seems logical due to the structure of the word. If you make the reasonable assumption that the legal definition of kidnapping in Tennessee is the same as the traditional view, you would be wrong! To understand the legal definition of kidnapping, you must first understand what false imprisonment is because you can't commit kidnapping without false imprisonment.

In Tennessee, A person commits false imprisonment (a Class A misdemeanor) when he or she knowingly removes or confines another unlawfully so as to interfere substantially with the other's liberty. Tenn. Code Ann. § 39-13-302 (2007). "Unlawful" means, with respect to removal or confinement, one that is accomplished by force, threat or fraud, or, in the case of a person who is under the age of thirteen or incompetent, accomplished without the consent of a parent, guardian or other person responsible for the general supervision of the minor's or incompetent's welfare. Tenn. Code Ann. § 39-13-301 (2007).

Tennessee recognizes three forms of kidnapping: kidnapping, aggravated kidnapping, and especially aggravated kidnapping. There is also something called custodial interference which will be discussed in a later blog. Kidnapping ( a Class C felony) is false imprisonment plus:

• exposing another person to substantial risk of bodily injury; or
• confining another in a condition of involuntary servitude. Tenn. Code Ann. § 39--13-303 (2007).

"Involuntary servitude" means the condition of a person who is compelled by force, coercion or imprisonment and against the person's will to labor for another, whether paid or not. Tenn. Code Ann. § 39-13-301 (2007). Notice that you could commit kidnapping in Tennessee without a either a kid or a napping. Aggravated kidnapping in Tennessee (a Class B felony) is false imprisonment plus:

• facilitating the commission of any felony or flight thereafter;
• interfering with the performance of any governmental or political function;
• With the intent to inflict serious bodily injury on or to terrorize the victim or another;
• Where the victim suffers bodily injury; or
• While the defendant is in possession of a deadly weapon or threatens the use of a deadly weapon. Tenn. Code Ann. § 39-13-304 (2007).

Especially aggravated kidnapping is the most serious of the kidnapping offenses. It is considered to be a Class A felony. Especially aggravated kidnapping is false imprisonment plus:

• Accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon;
• Where the victim was under the age of thirteen at the time of the removal or confinement;
• Committed to hold the victim for ransom or reward, or as a shield or hostage; or
• Where the victim suffers serious bodily injury. Tenn. Code Ann. § 39-13-305 (2007)

Kidnapping cases are complex. Usually, the victim and the offender have a close relationship or are family members. Tennessee criminal defense attorneys know that the circumstances surrounding every kidnapping case are different. Kidnapping attorneys always fight vigorously to defend your rights. If you have been charged with kidnapping, aggravated kidnapping, or especially aggravated kidnapping in Knoxville, Sevierville, Johnson City, or the Chattanooga areas, contact a serious criminal defense today.

Tennessee homicide lawyers are often asked questions about the different degrees of homicide charges. Homicide charges in the state of Tennessee are considered by many to be the most serious type of criminal offense. Punishments include long incarceration periods and possibly even the death penalty in Tennessee. Even the allegation that you killed another person will significantly affect your employment, family, mental well-being, and perhaps your community.

Tennessee recognizes seven homicide crimes: first degree murder, second degree murder, voluntary manslaughter, criminally negligent homicide, vehicular homicide, reckless homicide, and assisted suicide. A person can be charged with homicide for killing a viable fetus in Tennessee, but of course medical abortions are still legal.

First degree murder is the highest level of the homicide crimes. A person can be charged with first degree murder three different ways. First degree murder 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 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.

Premeditation used in the first bullet is an act done after the exercise of reflection and judgment. Premeditation means that the intent to kill must have been formed prior to the act itself. It is not necessary that the purpose to kill pre-exist in the mind of the accused for any definite period of time. The mental state of the accused at the time the accused allegedly decided to kill must be carefully considered in order to determine whether the accused was sufficiently free from excitement and passion as to be capable of premeditation.

The state gives out the harshest punishment one can receive if you are convicted of first degree murder. A person convicted of first degree murder shall be punished by death, imprisonment for life without possibility of parole, or imprisonment for life. Tenn. Code Ann. § 39-13-202 (2007). If you are charged with first degree murder or any homicide crime, it is important that you contact a Tennessee homicide attorney. Our clients always receive the care and attention they deserve when their record, reputation, and liberty is at stake.

Tennessee Criminal Lawyers and courts must take steps to insure Domestic violence and domestic assault cases result in a better situation for all parties involved. Our Tennessee attorneys handle both domestic assault and orders of protection in the Knoxville, Sevierville, Pigeon Forge and Gatlinburg area. While the judicial process helps address family concerns, lawyers should encourage their clients to work with family therapists and anger management teams to create better environments for adults and children. Statutes governing orders of protection and domestic assault are designed to help keep Tennessee families safe. If you are facing domestic assault charges or an order of protection, however, these matters can have a drastic impact on you and your family.

Assault can happen in one of several ways. According to the Tennessee Annotated Code, a person commits assault when they:
• Intentionally, knowingly or recklessly cause bodily injury to another;
• Intentionally or knowingly cause another to reasonably fear imminent bodily injury; or
• Intentionally or knowingly cause physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.

Domestic assault occurs when the assault is committed on a family or household member. According to Tennessee law, a family or household member is:
• A spouse or former spouse;
• A person related by blood or marriage;
• A person that the defendant lives with or has lived in the past;
• The mother or father of the defendant’s children.

Depending on the circumstances, a domestic assault can be punished as a misdemeanor or a felony. Someone convicted of domestic assault could be punished with a fine or with a jail sentence of months or even years.

An order of protection is a civil order issued by the Tennessee court intended to prevent one person from harming another. Only people that have specific types of relationships with each other can qualify for an order of protection. Among the types of people who can qualify for an order of protection are:

• 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; or
• Adult or minor children of a person in a qualifying relationship.

Recent changes in the law mean that sexual assault victims and stalking victims also qualify for orders of protection. Orders of protection are civil, rather than criminal matters. A violation of an order of protection, however, can still mean jail time. If an order of protection is issued by a Tennessee court, violating that order means the offender faces civil contempt and can serve time in jail.

If you are facing domestic assault charges or an order of protection, a Tennessee attorney can be your greatest asset. Our Tennessee attorneys vigorously defend your case to bring your situation to the best resolution possible.