Tennessee Criminal Lawyer Blog

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 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.

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 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.

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.

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.

Our Tennessee criminal attorneys understand that any charge associated with unlawful observation can have long-lasting effects on you and your family. It’s very important to find an experienced Tennessee criminal attorney to protect your rights. Our Tennessee criminal attorneys will conduct a thorough investigation of your case and actively pursue the best possible resolution for you and your family.

According to Tennessee law, it is an offense for a person to knowingly spy upon, observe or otherwise view 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, if the viewing:

• Would offend or embarrass an ordinary person if the person knew the person was being viewed; and
• Was for the purpose of sexual arousal or gratification of the defendant. Tenn. Code Ann. § 39-13-607 (2007).

It is never a defense to observation without consent that you were lawfully on the premises where the observation occurred. It is important to note that a reasonable expectation of privacy must exist for someone to be convicted under the unlawful observation statute. This is an important distinction from the stalking statute, which does not have this requirement.

A violation of the observation without consent statute is a Class A misdemeanor. If you or someone you know is charged with observation without consent under Tennessee Law, contact a Tennessee criminal defense lawyer. Our lawyers have much experience handling these types of cases and understand the process that is required to vigorously defend these types of charges.

Tennessee criminal defense lawyers understand that the institution of marriage is a fundamental building block of a strong society. There is much scholarly debate as to the parameters of what should constitute a marriage. It is important to realize that every state has different laws relating to forming and terminating the marital relationship.

Many people question how bigamy ever occurs. The answer is that there is no centralized database of marriage records for jurisdictions to determine whether or not a person is legally married somewhere else. Furthermore, if you apply for a marriage license in most jurisdictions, no background check is done. The application will usually be approved simply on the basis of the applicant’s answers.

Bigamy is classified as a felony in most states. Tennessee is one of thirteen states that considers bigamy a misdemeanor. Bigamy is Class A misdemeanor in Tennessee. According to Tennessee law, a person commits bigamy who:

 Is married and purports to marry a person other than the person's spouse in this state under circumstances that would, but for the person's existing marriage, constitute a marriage; or
 Knows that a person other than the person's spouse is married and purports to marry the person in this state under circumstances that would, but for the person's existing marriage, constitute a marriage. Tenn. Code Ann. § 39-15-301 (2007).

It is a defense for the first bullet that the person reasonably believed that the person's marriage had been dissolved by death, divorce or annulment. If you have been charged with bigamy or any other crime in the East Tennessee area, contact one of our criminal defense attorneys. Our office handles criminal cases in Knoxville, Sevierville, Newport, Maryville, Johnson City, and Loudon.

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