Tennessee Criminal Lawyer Blog

One of the biggest keys to orchestrating a proper burglary would seem to be having a good disguise. For example, a burglar may wear a Bill Clinton mask while breaking into a house in order to pin the crime on the former president rather than themselves. Almost anything can be used to hide a face during a criminal activity, and almost anything has, including ski masks, underwear, paper bags, and cardboard boxes. The most important characteristics of a good disguise are twofold. First, it is important that the disguise makes it so that people cannot recognize you (hence the “disguise” element). Second, it must be easy to dispose of after the commission of the crime to avoid leaving a trail of evidence. Two clever criminals from Iowa recently neglected these two important factors in coming up with their disguise, facilitating their arrest for burglary.

The expression, “It’s written all over your face,” is often used to describe someone who looks guilty or whose face gives away the truth in some fashion. This phrase has taken on new meaning after the two burglars mentioned above decided to disguise themselves during a burglary attempt by coloring their faces with permanent markers. Shockingly, this disguise proved ineffective. Not only did the permanent marker fail to hide their facial features, but the burglars were more than likely the only two people riding around town with permanent marker all over their faces. Such a disguise clearly fails both of the important disguise-choosing criteria discussed above and was woefully ineffective at helping the criminals evade authorities. Police pulled over a car matching the description given by the victims some time after the burglary, saw the two men sitting inside with marker all over their faces, and arrested them. They were charged with burglary.

Continue reading "Men Use Permanent Marker to Create Burglary Disguise" »

Using what may possibly be the worst disguise of all time, none at all, a naked man apparently under the influence of drugs or alcohol broke into a residence in Slidell, Louisiana and made himself at home for a while before eventually leaving. According to the Associated Press, the bare-naked burglar was captured on a surveillance camera taking a shower via a garden hose before breaking several windows and then entering the house. After ransacking the house, the man cooked and ate a full meal, had a few drinks, took another shower (this time inside the home), wrapped himself in a bed sheet, and then exited the home. The police are still looking for the suspect, who will presumably have clothed himself by the time this blog is posted.

Although this is an amusing manner in which to perpetrate a crime, burglary is a serious offense in Tennessee. Burglary in Tennessee of a habitation is considered aggravated burglary and is a Class C felony, punishable by up to fifteen years in prison and a fine not to exceed $10,000. A “habitation” under Tennessee law is basically any building that is designed or adapted to provide overnight accommodations for a person.

The entering of a building or dwelling only constitute a “burglary” as defined by Tennessee law where the offender does one of the following without the consent of the property owner:

1. Enters a building other than a habitation (or any portion thereof) not open to the public, with intent to commit a felony, theft or assault;


2. Remains concealed, with the intent to commit a felony, theft or assault, in a building;


3. Enters a building and commits or attempts to commit a felony, theft or assault; or


4. Enters any freight or passenger car, automobile, truck, trailer, boat, airplane or other motor vehicle with intent to commit a felony, theft or assault or commits or attempts to commit a felony, theft or assault.

Continue reading "Naked Man Breaks Into Home, Cooks Dinner" »

The subject of animals can be very divisive in modern day society. Some people treat them like family members and genuinely love and care for them as such; others view them as annoyances and entertain murderous thoughts when they are woken up at four in the morning by their neighbor’s dog deafeningly deterring some random disturbance in the night; still others simply don’t care one way or the other about animals. And then there are always those whose love for animals is based on how much their body parts would bring on the black market.

While that last category of animal appreciator may seem unusual, it is exactly the mindset of two teens arrested recently in Florida for allegedly going on a killing spree involving almost twenty horses. The teen was charged with armed burglary, animal cruelty, killing a registered breed horse, and breaking a fence. According to the article, the teen was among those who were butchering live horses statewide in an effort to sell the horses’ meat on the black market. According to AOL News, the meat sells for as much as $40 per pound, at least in part because some people believe horse meat can cure diseases like cancer and AIDS.

In Tennessee, intentionally killing an animal is basically treated as theft of property and punished according to the value of the animal if the killing of the animal is not justified. Under the Tennessee statute, one is only justified in killing an animal upon the reasonable belief that the animal is creating an imminent danger of death or serious bodily injury to that person, another person, or an animal owned by that person. Thus, killing an animal as described in the article above would be a criminal act in Tennessee, punished in the same manner as theft in Tennessee. Theft of Property ranges from a Class A Misdemeanor charge if the property is valued at less than $500 to a Class B Felony if the property is valued at $60,000 or more under T.C.A. section 39-14-105.

Continue reading "Intentional Killing of Animals in Tennessee" »

Every year a news story hits the national airwaves about a person who unlawfully enters school premises to commit a crime. Sometimes the crime committed is sexual assault and, at other times, the crime is distribution of controlled substances.

Just this year, Jackson, Michigan, made national news after a man unlawfully entered onto the school grounds of a local middle school and allegedly attempted to sexually assault a female student. Based on video surveillance footage, a 27-year old male waited at the locked entrance to the school’s music room, waited until someone opened the door, entered, walked directly into a female restroom, and accosted the female victim. The man was charged with assault with intent to commit sexual penetration and second-degree criminal sexual conduct.

In Tennessee, under TCA 49-6-2008, the alleged perpetrator could also be charged with unlawful entrance upon school premises. The language of the statute reads: “[i]n order to maintain the conditions and atmosphere suitable for learning, no person shall enter onto school buses, or during school hours, enter upon the grounds or into the buildings of any school, except students assigned to that bus or school, the staff of the school, parents of students, and other persons with lawful and valid business on the bus or school premises.”

Continue reading "Persons Improperly on School Property" »

According to the Knoxville Police Department, there were 109 home invasion robberies last year within the Knoxville city limits. There have already been 60 home-invasion robberies since January of this year.

The KPD insists that these numbers don’t mean that there is an epidemic of violent robberies in Knoxville. A spokesman for the KPD indicated that, since 2003, only 3 people have died and “several others” have been injured during the course of a home invasion.

He also indicated that most home invasions are usually fueled by the illegal drug trade. “In nearly every single incident, the facts of the investigation have indicated that there had been some kind of prior [illicit] business dealing between the suspects and the victims, or that it was family related. It’s very rare to have a complete stranger home invasion.”

Nevertheless, homeowners and tenants in Tennessee generally have the right to defend themselves against home invaders.

Under Tennessee law, a person can use deadly force to protect against someone who unlawfully and forcibly enters his or her home, without having the duty to retreat, if he or she has a reasonable belief that there is imminent danger of death or serious bodily injury. (The danger creating the belief of imminent bodily injury must also be real or honestly believed to be real at the time of the invasion, and the belief of danger must be founded upon reasonable grounds.)

Continue reading "Home Invasions in Tennessee" »

Disorderly conduct is a Class C misdemeanor in the state of Tennessee and is a kind of “catch-all” charge for minor offenses involving some kind of alleged unruly or upsetting behavior that provokes a disturbance.

All too often, disorderly conduct stems from a police officer giving someone a hard time until they lose control. Indeed, this is the exact allegation of colleagues of Henry Louis Gates Jr. who was arrested for disorderly conduct in his home in Cambridge, Massachusetts, after a neighbor reported seeing Mr. Gates breaking into his own home. Reportedly, Mr. Gates believed he was shocked when police continued to question him after he showed them his Harvard faculty ID. According to the police, Mr. Gates got angry, followed them out of the house, and accused them of being racists. According to some views of the incident, the police officers acted in retaliation by arresting Mr. Gates for disorderly conduct.

Examples of disorderly conduct in Tennessee include:

• Fighting,


• Violent or threatening behavior,


• Refusal to obey official order during an emergency situation,


• Creating a hazard (e.g., obstructing traffic), or


• Creating an offensive condition (e.g., using extremely offensive or abusive language targeted at a police officer).

As you can see, a wide range of behaviors can fall under the rubric of disorderly conduct. Likewise, many have been arrested without legitimate reason or without proper cause.

Continue reading "Disorderly Conduct in Tennessee" »

In designating carjacking as a more serious crime than theft and robbery in Tennessee, the General Assembly recognized that carjacking is usually committed by someone who tries to flee from the scene of another crime and that such action creates a substantial risk of harm to the public. Consequently, carjacking is a Class B felony, which carries a prison sentence between 8 and thirty years and a fine not to exceed $25,000.

Under Tennessee’s criminal code, carjacking is “the intentional or knowing taking of a motor vehicle from the possession of another by use of either,

• A deadly weapon, or


• Force or intimidation.”

A deadly weapon typically means a firearm but can also include any object that is designed, made or adapted for the purpose of inflicting death or serious bodily injury, such as a club, knife or an automobile.

Deadly weapons seem serious enough, but defendants can also be on the hook simply for sneaking up on someone, pushing her out of the way, and taking her vehicle. This conduct falls under the rubric of force and intimidation. All that is required is that the victim be placed in fear.

Continue reading "Carjacking Crimes in Tennessee" »

When charged with a violent crime, including homicide or assault in Tennessee, the defendant may enter a plea of not guilty along with a plea of self-defense. If proven, self-defense is a complete bar to criminal liability.

When people are threatened by the use of force or threat of force, creating in their mind a reasonable belief of imminent fear of death or serious bodily injury, they are legally justified in threatening or using force to defend themselves—even to the extent of killing the initial aggressor.

If while in his or her home or business, a defendant is presumed to have exercised lawful self-defense if he or she uses force or threat of force against someone who is believed to have unlawfully and forcefully entered the defendant’s home.

However, there are several caveats to self-defense that must be thoroughly understood by the client and the client’s criminal defense attorney before raising self-defense as a justification for an otherwise unlawful assault.

Continue reading "Defenses to TN Crimes: Self-Defense" »

Tennessee criminal defense attorneys represent people who have been charged with arson. At Baker Associates, our criminal defense team has successfully represented individuals charged with arson and other serious criminal offenses in East Tennessee.

Section 39-14-301 of the Tennessee Code Annotated states that arson is the damaging of any structure by means of fire or explosion without consent of the owner, or with the intent to damage any structure to collect insurance for the damages.

A conviction for arson can seriously jeopardize your future. Arson is a Class C felony punishable by a term of imprisonment of three (3) to fifteen (15) year and a fine not to exceed $10,000.

If you or a family member has been charged with arson, it is important to hire an experienced Tennessee criminal defense attorney who can find the best resolution for you. Contact Baker Associates in Knoxville and Sevierville today for your free consultation.

Tennessee forgery defense attorneys know the impact a conviction for forgery can have on your life. This is why it is important to hire and experienced Tennessee criminal defense lawyer. At Baker Associates, our criminal defense lawyers have successfully represented individuals charged with forgery and other serious criminal offenses.

Forgery generally refers to the drafting of a fake document, the altering of an existing document, or the making of a signature without authorization. Documents that can be the object of forgery include:
• Contracts
• Identification cards
• Deeds and titles
• Checks
• Money Orders
Most states require that forgery be done with the intent to commit fraud or theft/larceny.

According to the Tennessee Code Annotated, Section 39-14-114, the offense of forgery is committed when a person “forges a writing with the intent to defraud or harm another.”
“Forge” means to (A) alter, make, complete, execute, or authenticate any writing so that it purports to 1) be the act of another who did not authorize that act; 2) have been executed at a time and place or in a numbered sequence other than was in fact the case; 3) be a copy of an original when no such original existed; (B) makes false entries in books or records; or (C) issue, transfer, register the transfer of, pass, publish, or otherwise utter a writing that is forged ….
A “writing” includes printing or any other method of recording information, money, coins, tokens stamps, seals, credit cards, badges, trademarks, and symbols of value, right, privilege or identification.
Forgery shall be no less than a Class E felony.

If you or a family member has been charged with forgery in East Tennessee, it is important to know your rights. Contact an experienced criminal defense attorney at Baker Associates in Sevierville, Knoxville, Maryville, Morristown, and Newport for your free initial consultation.

Tennessee criminal defense attorneys know the impact a conviction for criminal trespass can have on your life and your family. That is why it is important to hire an experienced Tennessee criminal defense lawyer. At Baker Associates, our criminal defense attorneys have successfully represented individuals charged with criminal trespass and other serious offenses.
In Tennessee, a person commits the offense of criminal trespass when he/she unlawfully enters or remains on the property of another. Some ways that one can know if effective consent has been denied can be inferred from: 1) personal communication from the owner; 2) fencing or an enclosure around the property; or 3) posting the property (conspicuously visible signs).

Criminal trespass is a Class C misdemeanor and punishable by fine or a sentence of up to 30 days in jail. Criminal trespass can affect your job attendance, your wages, and time with your family.

If you or a family member has been charged with criminal trespass in East Tennessee, it is important to hire and experienced Tennessee criminal defense lawyer who can find the best resolution for you. Contact Baker Associates today for you free initial consultation.

The criminal defense attorneys at Baker Associates near Knoxville, Tennessee, have successfully represented many individuals charged with property crimes, including Joyriding.

Tennessee Code Annotated § 39-14-106 states that a person commits Class A misdemeanor Joyriding who takes another person's automobile, airplane, motorcycle, bicycle, boat, or other vehicle without the consent of the owner and the person does not have the intent to deprive the owner thereof, i.e., the person takes or "borrows" the vehicle without permission but without the intent to keep it forever, as in a theft.
Joyriding, a Class A misdemeanor, is punishable up to eleven months, twenty-nine days in jail and a fine up to $2,500.

If you or a loved one has been charged with Felony Theft of an automobile, or the lesser offense of Joyriding in Knoxville or Sevierville, Tennessee, contact our criminal defense attorneys today for your free initial consultation.

Source: T.C.A. § 39-14-106.

As gas prices increase across the country, drivers in Tennessee should be mindful that in Tennessee, a person convicted of theft can lose the privilege to drive if the theft involved pumping gasoline at a gas station into the person's vehicle and driving away without paying for it. If you forgot to "Pay at the Pump," contact our Tennessee theft attorneys for a free case consultation. It is important to note that out-of-state drivers are not immune from the driver license suspension. Courts in Tennessee can suspend out-of-state licensed drivers non-resident driving privileges and will propmtly notify the resident's state licensing officials upon suspension.

In addition to the fine and imprisonment authorized by law for the particular theft offense, a judge may suspend the driver license of a first-time offender for up to six months. For second offenders and subsequent offenders, the license suspension is mandatory. For second offenders, the judge shall suspend the person's driver license for a six-month period. Repeat offenders, if convicted of three or more theft offenses for a gasoline drive-off, will have their driver license suspended for one year. For purposes of driver license suspension, there is no distinction between misdemeanor or felony theft of gasoline; all persons convicted of "drive off" gasoline theft are subject to driver license suspension.

If you have been charged with theft in connection with a gasoline "drive off" or other theft offense, contact our experienced Tennessee criminal defense attorneys. Our office has successfully represented individuals charged with misdemeanor and felony theft offenses.

In addition to Fradulent Use of a Credit Card, it is an offense in Tennessee to falsely report a credit or debit card as lost, stolen, or mislaid. Our theft attorneys in Tennessee represent people who have been charged with Reporting of Credit or Debit Card Lost, Stolen, or Mislaid, as well as Fradulent Use of a Credit Card, Forgery, and Theft.

According to Tenn. Code Ann. § 39-14-119, any person who reports or attempts to report a credit or debit card as being lost, stolen, or mislaid knowing the report to be false violates the law, and any person who, with intent to defraud, uses a credit or debit card or information from such card, which has previously been reported lost, stolen, or mislaid violates the law.

If you have been charged with false Reporting of Credit or Debit Card Lost, Stolen, or Mislaid, or with Fraudulent Use of a Credit Card, contact one of our attorneys in Sevierville or Knoxville, Tennessee.

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

Under Tennessee law, any person who knowingly causes damage to or the destruction of any real or personal property of another or of the state, the United States, any county, city, or town knowing that the person does not have the owner's effective consent is guilty of vandalism.

"Damage" includes, but is not limited to:

• Destroying, polluting or contaminating property; or
• Tampering with property and causing pecuniary loss or substantial inconvenience to the owner or a third person; and

"Polluting" is the contamination by manmade or man-induced alteration of the chemical, physical, biological or radiological integrity of the atmosphere, water, or soil to the material injury of the right of another. Pollutants include dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste. Tenn. Code Ann. § 39 -14-408 (2007).

The amount of damage sustained to the property determines what type of punishment one might receive under a vandalism charge in Tennessee. Generally, the types of punishment are based on the following:

• A Class A misdemeanor if the value of the property or services obtained is five hundred dollars ($500) or less;
• A Class E felony if the value of the property or services obtained is more than five hundred dollars ($500) but less than one thousand dollars ($1,000);
• A Class D felony if the value of the property or services obtained is one thousand dollars ($1,000) or more but less than ten thousand dollars ($10,000);
• A Class C felony if the value of the property or services obtained is ten thousand dollars ($10,000) or more but less than sixty thousand dollars ($60,000); and
• A Class B felony if the value of the property or services obtained is sixty thousand dollars ($60,000) or more. Tenn. Code Ann. § 39-14-105 (2007).

If you are facing a criminal charge in Tennessee, it’s important for you to understand the long-term implications of a conviction. A Tennessee attorney can help you deal with your legal options and bring your situation to the best resolution possible for you and your family.

If you’re facing Tennessee theft charges, from shoplifting to corporate theft, contact a Tennessee theft defense lawyer. Tennessee theft lawyers are experienced at defending people accused of misdemeanor and felony theft crimes in Tennessee.

Shoplifting and stealing cars are common crimes committed in Tennessee. Shoplifting and theft crimes can be charged as misdemeanors or felonies, depending upon the value of the stolen item. If you've been charged with a theft crime, even a relatively minor crime, the consequences of that charge can affect your life for a long time.

If you’re a licensed professional, a shoplifting conviction could cause your license to be denied. It could prevent you from finding work. Employers do not prefer hiring employees that they can’t trust.

Contact a Tennessee theft defense lawyer to discuss charges of:

• Theft
• Bad checks
• Shoplifting
• Burglary
• Robbery
• Receiving stolen property
• Fraud
• Embezzlement

A Tennessee defense attorney will work to minimize the long-term consequences of your theft charge. Our Theft attorneys work in the East Tennessee area, including Knoxville, Sevierville, Gatlinburg, Maryville, and Newport.

Criminal attorneys in Tennessee understand that a conviction for any theft-related offense will have serious consequences beyond jail and restitution. Criminal simulation in Tennessee closely resembles the offense of theft. Any conviction of theft or criminal simulation will adversely affect your family, and damage your reputation within the community. Since these crimes are considered to be crimes of dishonesty, a conviction will negatively affect your career, ability to get a job, and capacity to obtain or maintain a professional license. According to Tennessee law, a person commits the offense of criminal simulation who with intent to defraud or harm another:

• Makes or alters an object, in whole or in part, so that it appears to have value because of age, antiquity, rarity, source, or authorship that it does not have;
• Possesses an object so made or altered, with intent to sell, pass, or otherwise utter it; or
• Authenticates or certifies an object so made or altered as genuine or as different from what it is; or

A person also commits the offense of criminal simulation who with intent to sell, cause to be sold, or to be used for profit through public performance, and without consent of the owner of the master recording:

• Knowingly transfers, by any means, any sounds or images recorded on a phonograph record, disc, wire, tape, film or other recording article to another such recording article;
• Knowingly manufactures, distributes, or wholesales any sounds or images recorded on a phonograph record, disc, wire, tape, film or other recording article to another such recording article; or
• Knowingly retails any sounds or images recorded on a phonograph record, disc, wire, tape, film or other recording article to another such recording article. Tenn. Code Ann. § 39-14-115 (2007).

A person possessing, with knowledge of its character:

• Any machinery, plates, or other contrivances designed to produce instruments reporting to be credit or debit cards of an issuer who had not consented to the preparation of such cards; or
• Any instrument, apparatus, or contrivance designed, adapted or used for commission of any theft of property or services by fraudulent means; commits criminal simulation. Tenn. Code Ann. § 39-14-115 (2007).

Criminal simulation is punishable as theft, but shall always be at a minimum a class E felony. If you are charged with theft or criminal simulation in Tennessee, contact a criminal defense attorney. Our lawyers handle these charges in Johnson City, Knoxville, Newport, Sevierville, Maryville, Morristown, and Bristol.

Burglary cases often involve many complex issues. If you are charged with Burglary in Tennessee, contact a defense attorney. Our Tennessee criminal defense lawyers will assess your case and discuss the legal ramifications of any important decisions you must make.

Under the old days, the burglary statutes in Tennessee looked much different than the modern statutes as the modern burglary statutes are a major change from prior law. Formerly, there were different levels of burglary such as burglary, burglary in the second degree, and burglary in the third degree. These have now all been eliminated. In addition, there was a major focus on whether the act occurred at either daylight or at night. The legislature abandoned the daytime/nighttime distinction because the risks and types of intrusions were the same no matter when the act occurred.

The burglary statute discussed below only applies to intrusions involving buildings that are not habitations and those involving motor vehicles.

According to modern Tennessee law, a person commits burglary who, without the effective consent of the property owner:

• Enters a building other than a habitation (or any portion thereof) not open to the public, with intent to commit a felony, theft or assault;
• Remains concealed, with the intent to commit a felony, theft or assault, in a building;
• Enters a building and commits or attempts to commit a felony, theft or assault; or
• Enters any freight or passenger car, automobile, truck, trailer, boat, airplane or other motor vehicle with intent to commit a felony, theft or assault or commits or attempts to commit a felony, theft or assault. Tenn. Code Ann. § 39-14-402 (2007).

The word “enter” as used above means:

• Intrusion of any part of the body; or
• Intrusion of any object in physical contact with the body or any object controlled by remote control, electronic or otherwise.

Intrusion with the intent to commit misdemeanor theft is included in burglary because of the practical impossibility of proving that a trespasser intended to steal property of sufficient value to constitute a felony theft.

If you are convicted under any of the top three bullets above, the violation is a Class D felony. If you are convicted under the last bullet above, the violation is a Class E felony. Tennessee criminal defense lawyers understand the complex issues associated with a burglary charge and work to ensure that citizens charged with this criminal offenses are treated fairly. Our office handles burglary charges in Knoxville, Sevierville, Maryville, Newport, Morristown, Johnson City, and Chattanooga.

The impact that a worthless checks charge can have on your life is enormous. It is important to realize that the facts of every worthless checks case in Tennessee are different. Our Tennessee theft lawyers handle worthless checks charges in the Gatlinburg, Sevierville, Pigeon Forge, and Knoxville area.

According to Tennessee law, A person commits the crime of passing worthless checks if he, knowingly or with fraudulent intent:

• issues or passes a check or similar sight order knowing there are not sufficient funds on deposit to pay it and other outstanding checks in full, or
• stops payment on a check (provided the items or services bought were represented at the time the check was issued). Tenn. Code Ann. § 39-14-121 (2007).

This statute permits a person to issue a stop payment order on a check if the goods or services were not as represented at the time the check was written. The statute permits fraudulent intent to be inferred if there was no bank account when the check was written or passed, or if the person did not “make good” within 10 days after being notified that the check was rejected by the bank. However, another provision of this law states that it does not apply to a post-dated or other check if the payee has good reason to believe the drawer did not have sufficient funds on deposit when the check was written.

The crime of passing worthless checks is punished the same as theft in Tennessee. The amount on the face of the check represents the value of the theft for purposes of assessing punishment.

• It is a Class A misdemeanor if the value of the property obtained is five hundred dollars ($500) or less;
• It is an E felony if the value of the property obtained is more than five hundred dollars ($500) but less than one thousand dollars ($1,000);
• It is a Class D felony if the value of the property obtained is one thousand dollars ($1,000) or more but less than ten thousand dollars ($10,000);
• It is a Class C felony if the value of the property or services obtained is ten thousand dollars ($10,000) or more but less than sixty thousand dollars ($60,000); and
• It is a Class B felony if the value of the property or services obtained is sixty thousand dollars ($60,000) or more. Tenn. Code Ann. § 39-14-105 (2007).

A conviction of a worthless checks charge could adversely affect your future employment, reputation in the community, and liberty interests. An individual charged with worthless checks should contact a Tennessee Criminal Lawyer as quickly as possible to discuss different legal avenues that may be pursued.

Tennessee criminal defense lawyers help clients charged with numerous different offenses including the crime of cruelty to animals. Most jurisdictions in the United States and around the world have enacted laws which forbid cruelty to animals, and Tennessee is no exception. These laws typically provide minimum requirements for care and treatment of animals. They usually mandate that animals be provided food, water, shelter, and medical treatment and they prohibit animals from being tortured or killed inhumanely.

Under Tennessee law, a person commits the offense of cruelty to animals who intentionally or knowingly:

• Tortures, maims or grossly overworks an animal;
• Fails unreasonably to provide necessary food, water, care or shelter for an animal in the person's custody;
• Abandons unreasonably an animal in the person's custody;
• Transports or confines an animal in a cruel manner; or
• Inflicts burns, cuts, lacerations, or other injuries or pain, by any method, including blistering compounds, to the legs or hooves of horses in order to make them sore for any purpose including, but not limited to, competition in horse shows and similar events. Tenn. Code Ann. § 39-14-202 (2007).

In addition, the cruelty to animals statute in Tennessee retains a special provision pertaining to dogs. A person who knowingly ties, tethers, or restrains a dog in a manner that results in the dog suffering bodily injury commits cruelty to animals. "Bodily injury" includes a cut, abrasion, bruise, burn or disfigurement, and physical pain or temporary illness or impairment of the function of a bodily member, organ, or mental faculty. Tenn. Code Ann. § 39-11-106 (2007).

The penalties for cruelty to animals are stiff. Cruelty to animals is a Class A misdemeanor under Tennessee law. A second or subsequent conviction for cruelty to animals is a Class E felony. If you have been charged with any crime in East Tennessee, contact a criminal defense attorney. All initial consultations are free of charge. Our criminal defense lawyers will discuss the merits of the state’s case against you and help you get your life back on track.

Tennessee criminal defense lawyers understand that a conviction of burglary or aggravated burglary will have severe consequences beyond jail and restitution. A conviction will emotionally hurt the individuals you care about and damage your reputation in the community. Burglary is typically considered to be a crime of dishonesty. A conviction will negatively affect your career, ability to get a job, and capacity to obtain or maintain most professional licenses.

The main distinction between regular burglary and aggravated burglary in Tennessee is that the regular burglary statute uses the term “building;” whereas, the aggravated burglary statute uses the term “habitation.” Tenn. Code Ann. § 39-14-403 (2007).

The term "habitation," is broader than "building" because it includes vehicles and structures other than buildings, such as modular units, mobile homes, trailers, campers and tents that are adapted for the overnight accommodation of persons. "Habitation" also includes garages and other outbuildings that are separately secured and occupied portions of a habitation.

Habitation for purposes of burglary may include any of the following:

• Any structure, including buildings, module units, mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons;
• Includes a self-propelled vehicle that is designed or adapted for the overnight accommodation of persons and is actually occupied at the time of initial entry by the defendant; and
• Includes each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with the structure or vehicle; Tenn. Code Ann. § 39-14-401 (2007)

The penalties for aggravated burglary are stiff, as it is considered to be a Class C felony. Class C felonies are punishable between three and fifteen years incarceration and up to a fine of ten thousand dollars. Tenn. Code Ann. § 40-35-111 (2007). If you are charged with burglary or aggravated burglary, contact a criminal defense lawyer. Our lawyers handle these charges in Knoxville, Sevierville, Alcoa, Morristown, Johnson City, Chattanooga, and Newport.

Knoxville theft lawyers help clients charged with fraudulent use of a credit card in the East Tennessee area. While theft is the most obvious form of credit card fraud, credit card fraud can occur in multiple ways. A common example occurs when someone uses another’s card number without his or her knowledge. This may be accomplished by different methods. For example, someone could go through trash to find discarded receipts or carbons, and then use the account number. A dishonest clerk at any store could make an extra imprint from the credit or charge card and use it to make personal charges.

Although there are certain federal laws forbidding this behavior, the states also have their independent credit fraud laws. According to Tennessee law, a person commits the crime of illegal possession of a credit or debit card who, knowing the person does not have the consent of the owner or issuer, takes, exercises control over or otherwise uses that card or information from that card.

A person commits the crime of fraudulent use of a credit or debit card who uses, or allows to be used, a credit or debit card or information from such card, for the purpose of obtaining property, credit, services or anything else of value with knowledge that:

• The card is forged or stolen;
• The card has been revoked or cancelled;
• The card has expired and the person uses the card with fraudulent intent; or
• For any other reason the use of the card is unauthorized by either the issuer or the person to whom the credit or debit card is issued. Tenn. Code Ann. § 39-14-118 (2007).

Fraudulent use of a credit or debit card is punishable as theft depending on the amount of property, credit, goods or services obtained. The grading for theft in Tennessee is as follows:

• A Class A misdemeanor if the value of the property or services obtained is five hundred dollars ($500) or less;
• A Class E felony if the value of the property or services obtained is more than five hundred dollars ($500) but less than one thousand dollars ($1,000);
• A Class D felony if the value of the property or services obtained is one thousand dollars ($1,000) or more but less than ten thousand dollars ($10,000);
• A Class C felony if the value of the property or services obtained is ten thousand dollars ($10,000) or more but less than sixty thousand dollars ($60,000); and
• A Class B felony if the value of the property or services obtained is sixty thousand dollars ($60,000) or more.

If no property, credit, goods, or services are actually received or obtained, illegal possession or fraudulent use of a credit card is a Class B misdemeanor. If you or someone you know is charged with credit card fraud, contact a Tennessee theft attorney. Our office handles theft charges in Knoxville, Sevierville, Chattanooga, Loudon, Johnson City, Newport, and Maryville.

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

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

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

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

Tennessee theft lawyers understand that any theft charge is serious. Unlike most drug offenses or alcohol-related offenses, theft is considered to be a crime of dishonesty and of ill-moral turpitude. A conviction of any theft offense can be harmful for future employment purposes, negatively affect your standing in the community, and may include incarceration time. Employers are not likely to hire employees that they can’t trust, and many employers do background checks. The best way to minimize the unwanted affects for a conviction of any theft offense is to contact a Tennessee theft attorney as soon as you are charged with theft.

Under the old common law in Tennessee, there were numerous “stealing crimes.” Some names for these crimes include larceny, larceny by trick, false pretense, embezzlement, and so on. All of these crimes eventually got consolidated into the crime of “theft” in Tennessee. However, Tennessee retained the distinct nature of extortion. Extortion is very close to stealing since the offender is obtaining property that does not belong to him by illegal means. Under Tennessee law, a person commits extortion (a Class D felony)
who uses coercion upon another person with the intent to:

• Obtain property, services, any advantage or immunity; or
• Restrict unlawfully another's freedom of action.

It is an affirmative defense to prosecution for extortion that the person reasonably claimed:

• Appropriate restitution or appropriate indemnification for harm done; or
• Appropriate compensation for property or lawful services. Tenn. Code Ann. § 39-14-112 (2007).

The word coercion is important in the legal definition of extortion. Coercion is what distinguishes extortion from theft. “Coercion" means a threat, however communicated, to:

• Commit any offense;
• Wrongfully accuse any person of any offense;
• Expose any person to hatred, contempt or ridicule;
• Harm the credit or business repute of any person; or
• Take or withhold action as a public servant or cause a public servant to take or withhold action. Tenn. Code Ann. § 39-11-106 (2007).

The behavior that constitutes extortion can be “blackmail” among other things. The “appropriate restitution” defense to extortion encompasses situations that arise daily. For example, the harmed party in an automobile accident may threaten to sue the negligent party without being held criminally accountable for extortion. If you have been charged with extortion in Knoxville, Sevierville, Johnson City, Morristown, or Maryville, contact a Tennessee theft attorney.

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.

Criminal attorneys in Tennessee understand that a conviction of theft of property will have serious consequences beyond jail and restitution. A conviction will emotionally hurt your family and damage your reputation in the community. Since theft of property is considered to be a crime of dishonesty, a conviction will negatively affect your career, ability to get a job, and capacity to obtain or maintain a professional license. Employers do not like to hire someone if it’s likely the employee will steal from him or her in the future. A conviction will have an impact upon the accused for the rest of his or her life.

Under the old common law, stealing offenses had specific names for specific types of behavior. For example, embezzlement, false pretense, fraudulent conversion, larceny, larceny by trick, receiving stolen property, and concealing stolen property were are all separate offenses. There were problems compartmentalizing the stealing offenses because the prohibited conduct is so specific. Everyone knew that the defendant was doing something wrong but his or her behavior didn’t fit into one of the stealing categories. Tennessee changed all this in the late 1980’s by consolidating the categories of the stealing crimes into the general definition of theft.

Under present Tennessee law, A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent. Tenn. Code Ann. § 39-14-103 (2007). The punishment for theft in Tennessee depends upon the value of what is stolen. For example:

• It is a Class A misdemeanor if the value of the property obtained is five hundred dollars ($500) or less;
• It is an E felony if the value of the property obtained is more than five hundred dollars ($500) but less than one thousand dollars ($1,000);
• It is a Class D felony if the value of the property obtained is one thousand dollars ($1,000) or more but less than ten thousand dollars ($10,000);
• It is a Class C felony if the value of the property or services obtained is ten thousand dollars ($10,000) or more but less than sixty thousand dollars ($60,000); and
• It is a Class B felony if the value of the property or services obtained is sixty thousand dollars ($60,000) or more. Tenn. Code Ann. § 39-14-105 (2007).

It is normal to panic when charged with the crime of theft of property. You should be careful before you speak to the arresting officer or store personnel. Innocent remarks are sometimes easily misconstrued and may be used against you later in court. Tennessee criminal lawyers understand that a conviction of theft of property can affect the rest of your life and work diligently for a positive resolution. Tennessee criminal lawyers always personally discuss your priorities and defenses at the early stages of the criminal process so you can make an informed decision about your future. Our office handles theft offenses in the Knoxville, Sevierville, Gatlinburg and Pigeon Forge area.

A charge of arson in Tennessee will have serious consequences attached to the outcome of the case. If you are dealing with an arson or aggravated arson charge in Tennessee, it is very important to consult an experienced attorney. A Tennessee Criminal Law Attorney will help you understand and analyze the charges against you. This will be the first step in getting your life back to order.

According to Tennessee law, a person commits arson when that person knowingly damages any structure by means of fire or explosion:

• without the consent of all persons who have a possessory, proprietary or security interest therein; or

• with intent to destroy or damage any structure to collect insurance for the damage or destruction or for any unlawful purpose.

This type of arson is considered to be a Class C felony in Tennessee. Arson in a place of worship is elevated to a Class B felony. Tenn. Code Ann. § 39-14-301 (2007). Arson may become aggravated in certain situations. According to the Tennessee Code Annotated, an individual commits aggravated arson when that person commits arson:

• With one (1) or more persons present inside; or

• When any person, including firefighters and law enforcement officials, suffers serious bodily injury as a result of the fire or explosion. Tenn. Code Ann. § 39-14-302 (2007).

Aggravated arson is Class A felony. If you’ve been charged with either arson or aggravated arson in Tennesse, consulting an experienced Criminal Lawyer can help you understand your legal options and resolve your situation in the best manner available.

According to Tennessee law, any person who unlawfully enters the property of another may be guilty of trespassing. The penalties for this offense vary depending on whether the trespass was civil or criminal. If the accused person uses force to enter the property and has knowledge that the owner has not consented to the entry, the trespass is criminal. If the property is entered without force the trespass is civil. Any person who commits a civil trespass may be sued for monetary damages, but they will not face criminal charges. Criminal trespassing, however, may result in criminal charges against the offender.

How do you know when you don’t have the owner’s effective consent? Tennessee statutes list a variety of ways that knowledge of the owner’s consent may be given or implied. A communication from the owner can give knowledge of the owner’s consent or lack of consent. A fence or enclosure around the property can convey the owner’s lack of effective consent. Any obviously visible sign can also convey the owner’s lack of effective consent. Tenn. Code Ann. 39-14-405 (2006). Additionally, an owner can convey his lack of consent by posting signs approved by the wildlife resources agency that state “Hunting by Written Permission Only”. These signs must also show the name of the owner and be accompanied by florescent visual markings around the perimeter of the property. Tenn. Code Ann. 70-4-106 (2006).

Criminal trespass is a Class C Misdemeanor and can be punished by a fine or a sentence of up to 30 days in jail. Tenn. Code Ann. 40-35-111 (2006). Criminal trespass charges, like any criminal charges, can profoundly impact you and your family. When dealing with criminal charges, it is important to find an experienced and effective Tennessee attorney, who can help find the best resolution for you and your family.