Posted on March 25, 2021 in Criminal Defense

There are many different ways that non-consensual sexual acts can be charged under Tennessee law. Some of the most common crimes are rape and sexual battery. Cases involving aggravating factors, such as brandishing a weapon to rape or committing assault against a child, carry much more severe punishments. Even if a child or a teenager claims to consent to a sexual act, it may still be considered illegal in the state of Tennessee. This is generally classified as statutory rape. If an unmarried female who is under the age of 18 is pregnant, and the presumed father of the child is more than four years older than her, an attending physician is expected to tell the authorities about the situation with the patient’s (or her parents’) consent. In some cases, however, a person may be charged with sexual assault based on false allegations. 

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 Posted on March 18, 2021 in White Collar Crimes

You may have heard the term “forgery” before and associated it with a white collar crime. Forgery is defined as the act of creating or altering a form of writing, therefore making it false and fraudulent. According to Tennessee law, it is illegal to forge a writing with the purpose of committing fraud against someone else. Whether an individual forged something intentionally or accidentally, this type of charge can carry significant penalties if a person is convicted, including jail time. An experienced criminal defense attorney can help those facing these serious charges build a strong defense to avoid a conviction.  

Understanding Actions that Can Lead to Forgery Charges

The state of Tennessee defines forging as creating, altering, completing, executing, or authenticating something in writing to make it look like it was:

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 Posted on February 18, 2021 in Criminal Defense

Being charged with a criminal offense can result in serious consequences. A person can face costly fines, loss of driving privileges or professional licenses, and a lifetime behind bars, depending on the severity of the crime. There are certain crimes that warrant charges at both the state and federal levels. Federal agencies often have more resources available to investigate alleged crimes, and they take their time gathering important evidence to support their claims. That is why it is imperative that anyone facing federal charges for racketeering or conspiracy seek professional legal assistance as soon as possible

What Is Racketeering?

Racketeering may be committed at the state or federal level. Racketeering can refer to the act of acquiring a business, organization, or company through illegal activity; operating a business with illegally obtained income; or using a business operation to commit illegal acts. Federal crimes of racketeering may include the following offenses:

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 Posted on February 04, 2021 in Criminal Defense

Motor vehicle theft is a serious crime in Tennessee, and it can involve more than just stealing a car. ATVs, motorcycles, and snowmobiles all fall under the category of motorized vehicles. A conviction for this type of charge can carry serious punishments, such as jail time, fines, and probation. In addition, it will appear on a person’s criminal record, which can directly impact his or her ability to secure employment or housing. 

In some cases, an individual may face these types of charges after unknowingly purchasing a stolen vehicle. For example, a car may be bought through a third party who is trying to deceive the buyer. The prosecution has the burden of proving intent, or that a person knowingly purchased a stolen vehicle. Regardless of the details, all Tennessee drivers should understand the laws and what constitutes vehicle theft in case they ever find themselves unintentionally involved in a crime. 

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 Posted on January 21, 2021 in White Collar Crimes

Any criminal offense can carry significant punishments if someone is convicted. However, federal crimes tend to be prosecuted more severely, often resulting in longer jail sentences. Common crimes charged at the federal level may include drug trafficking, fraud, counterfeiting, racketeering, and conspiracy. Although counterfeiting crimes have decreased by over 37 percent since 2015, they can still carry stiff consequences. Counterfeit goods or services come from a legitimate source, but they are actually unauthorized reproductions. If you or someone you know is facing federal criminal charges for counterfeiting, it is important to understand your rights while building a strong defense

Anti-Counterfeiting Laws

Federal lawmakers passed the first anti-counterfeiting laws in 1790 to protect unsuspecting consumers as well as the government. Since that time, Congress has introduced new legislation as counterfeiting tools and techniques have become more advanced and sophisticated. Although the crime of counterfeiting typically involves creating and producing fraudulent goods or documents, it may also mean using, possessing, or altering legitimate items

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 Posted on January 07, 2021 in Criminal Defense

Being charged with any type of crime should not be taken lightly. Depending on the severity of the offense, the penalties can range from costly fines to significant jail time. Sex crimes, especially those committed against children, often carry harsher punishments if convicted. In Tennessee, these offenses can include child abuse, sexual assault, and child pornography. For anyone facing charges for this type of offense, it is important to seek skilled legal representation. Besides demonstrating that the alleged offenses did not occur, it may be possible to defend against these charges by demonstrating a lack of intent, meaning the person who was allegedly in possession of child pornography did not know the materials involved a minor. An experienced criminal defense attorney can carefully review the circumstances of the case and make sure a defendant’s rights are protected throughout the proceedings.  

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 Posted on December 28, 2020 in Criminal Defense

This past year has been turbulent, to say the least. With an international pandemic, racial turmoil and protests, and the 2020 presidential election all occurring in the last 12 months, many are looking forward to the start of the new year. This includes legislators who have been filing 2021 bills over the past few months. The subjects that these bills cover include a wide range, but many are in response to this past year’s events. 2020’s record of looting and destroyed property in cities across the country has one Tennessee lawmaker looking for loosened restrictions when it comes to self-defense and citizens’ responses to property crimes.

House Bill 11

The current Tennessee law regarding self-defense is clear: Deadly force for the purpose of self-defense is only legal if you fear for your life or someone else’s. For those who are victims of property crimes, in other words, someone is stealing or damaging their belongings, using deadly force against the perpetrator is considered a felony. While widening these restrictions may not have been on legislators’ minds in the previous sessions, the infamous looting and significant property damage that occurred throughout 2020 has one lawmaker looking for a change.

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 Posted on December 02, 2020 in Criminal Defense

If you are a parent, you know that it is far from uncommon for teens to push the limits. Their desire for independence can lead them to defy your rules, any regulations set by their high school, and even legal limits that apply to all Americans. Testing the limits is not always a bad thing, but when drugs and alcohol are involved, things can quickly take a turn for the worse. For those who are at the legal drinking age, the blood alcohol concentration (BAC) limit is 0.08 percent. For those under 21, Tennessee law enforcement has no tolerance for a BAC over zero. Unfortunately, many teens will get behind the wheel after drinking or doing drugs, assuming that they are OK to drive, but then they end up facing driving under the influence (DUI) charges. Such penalties often lead to losing your driver’s license, but what about other drug or alcohol violations that were not committed while driving?

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 Posted on November 19, 2020 in Criminal Defense

While it may seem like an excuse, there is something to say about being in the wrong place at the wrong time. The words “murder” and “homicide” raise immediate red flags, often bringing gun violence to mind in this day and age. However, what if you caused a car accident and the other driver’s injuries were fatal? Or perhaps a weapon malfunction while hunting led to your friend’s death? These are two examples of unintentionally causing the death of another person, also known as involuntary manslaughter. The state of Tennessee recognizes that not all deaths, or crimes, are one in the same, and the law reflects this by dividing involuntary manslaughter charges into three separate criminal categories.

Reckless and Criminally Negligent Homicide

Although these two are technically separate charges, the legal descriptions are fairly similar. The state loosely defines criminal negligence and reckless homicide in order to leave room for a number of criminal behaviors to fall within these categories. Reckless homicide occurs when a person is aware of the risks of serious injury or death that their actions pose to the other person, but he or she continues to act and the other person dies as a result. A common example of this is the accidental discharging of a firearm. A more rare occurrence is playing a dangerous game like Russian roulette, where both parties are aware of the potential risks, and one of the individuals dies in the process

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 Posted on November 12, 2020 in Drug Crimes

In the past decade, the legal restrictions surrounding marijuana have shifted on a state-by-state basis. These variations of the law include the legalization of marijuana for medical and recreational purposes as well as the decriminalization of marijuana for those who have previously faced charges. Depending on where you live, you may have free reign, or you could still face stiff restrictions for drug possession. Tennessee is one of seven states that is still standing as a stronghold against all forms of legalization. One state senator, however, is using her voice to stand up for those who are in need of the benefits of medical marijuana.

State Senator Advocates for the Sick

As Tennessee’s surrounding states begin to loosen their marijuana regulations, many Tennesseans are wondering when their state will follow suit. Republican State Senator Janice Bowling has supported the movement to legalize medical marijuana for years, and she intends on taking action again this winter. According to reports from WREG, Sen. Bowling plans on introducing a new medical marijuana bill when lawmakers reconvene at the start of the new year. 

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