Often our minds conjure up Otis from the Andy Griffith Show when we think about public intoxication. The lighthearted memories of his entering the local Mayberry jail and placing himself in the jail cell with key hanging on the wall. The mere state of intoxication and being in public is not a criminal violation. There are a number of elements that an officer must first observe before issuing a citation or making an arrest. The elements are set out in TCA 39-17-310 that prescribe such … [Read more...]
Flying drones in Tennessee can put you in jail !
March 22, 2024 by
The popularity of drones has risen significantly in recent years due to the sophistication of hardware, software, and cameras. There utility applies both recreationally and professionally in a vast array of business applications. They are common with surveyors, real estate agents, emergency rescue, and other professions. It is a common misunderstanding that you may have to fly over a person's property line to violate an ordinance, regulation, or statute. That is not the case in Tennessee as … [Read more...]
Domestic Assault has its Consequences!
February 23, 2024 by
Domestic assault is often a serious charge arising out of dramatic or tragic events with a family member or someone you have a relationship with. A conviction can be devastating to your freedoms, relationships, and reputation. T.C.A. 39-13-111 sets out the definition for a "domestic assault victim." “domestic abuse victim” means any person who falls within the following categories: Adults or minors who are current or former spouses; Adults or minors who live together or who have … [Read more...]
Dont be reckless in Tennessee particularly with a weapon!
February 21, 2024 by
In Tennessee, there is a criminal statute that applies broadly to the protection of others and the general public at large. There are two classes of this charge being a misdemeanor and a felony. If you conduct your in a manner that "places or may place another person in imminent danger of death or serious bodily injury," then you are in violation of T.C.A. 39-13-103. There is an endless array of conduct that could be subject to what constitutes reckless conduct. Very often there is a fine … [Read more...]
Do not resist or evade arrest by officer in Tennessee even if arrest is unlawful
February 6, 2024 by
It is not wise to resist or evade arrest in Tennessee as it only adds to the potential consequences of the other attendant charges. TCA 39-16-602 applies to resisting arrest, search, halt, or frisk. The officer is going to proceed with the arrest if he finds probable cause and it is futile to add to your charges by protesting the arrest physically. Simply pulling away while attempting to apply hand cuffs can be deemed a resistance. There are remedies for a false arrest through a civil court … [Read more...]
Assault on an officer or first responder in Tennessee
February 4, 2024 by
If you assault an officer or first responder in Tennessee then you can face serious consequences such as large fines and a jail sentence. T.C.A. 39-13-116 is the applicable statute pertaining to this offense and sets out the language prescribing the mandatory fine of $5,000.00 and minimum 30 day jail sentence. It is important to recognize that these are the minimums and a court has discretion to apply a larger sentence. A person commits assault against a first responder, who is discharging … [Read more...]
Elements of burglary in Tennessee
February 18, 2019 by
If you have arrested and charged with any of the graduated levels of burglary, it is important that you are aware of the elements so that you have not been improperly charged with wrong level of burglary. It is necessary to evaluate the facts involved and determine which elements are met to constitute the appropriate level and charge of burglary. The following constitutes the elements of burglary in Tennessee that a prosecutor would have to prove beyond a reasonable doubt: Pursuant to … [Read more...]
Classifications of Theft in Tennessee
February 12, 2019 by
In Tennessee, 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." T.C.A. 39-14-103 Theft of services is another classification of theft not involving tangible property. A person commits theft of services who: (1) Intentionally obtains services by deception, fraud, coercion, forgery, false statement, false pretense or any other means to avoid … [Read more...]
Simple possession in Tennessee
February 7, 2019 by
Simple possession or casual exchange is the lowest drug offense there is in Tennessee. If you did not have enough of a controlled substance on you to be charged with a felony possession, trafficking, or sale charge, then simple possession is another option for the prosecution. What constitutes "simple possession or casual exchange" in Tennessee ? T.C.A. 39-17-418 prescribes simple possession or casual exchange as knowingly possessing or casually exchanging a controlled substance, unless the … [Read more...]
Driving Under the Influence in Tennessee DUI
February 6, 2019 by
Driving under the influence (DUI) in Tennessee may result in serious consequences including but not limited to significant fines, restitution, DUI classes, court costs, and incarceration. The conviction may also result in loss of driving privileges, suspension of a drivers license, increased auto insurance premiums, and collateral adverse employment actions such as termination of employment. There are a number of factors to determine the disposition of a DUI charge but the prevailing factor … [Read more...]
