Domestic Assault Law in Tennessee: Who does it apply? Current or former spouses; Those who do or have lived together; Dating Relationships If you are related by blood or adoption or were formerly related by marriage; Applies to children of current, former spouses, or children borne of a dating relationship; What is Domestic Assault in Tennessee? It is an assault, against a person in one of the previous categories. A person commits assault who: - Intentionally, knowingly or recklessly causes bodily injury to another; - Intentionally or knowingly … [Read more...]
Metro Nashville police recently released a statement indicating they have been provided additional funding through the Governor’s Highway Safety Office which has allowed them to use extra duty police officers to target individuals suspected of driving under the influence. The department reports that the extra duty police officers have arrested over 400 people this year charged with DUI in Nashville. The Metro Nashville DUI Unit has arrested 689 people charged with DUI. It is expected that the officers will continue targeting DUI arrests in high crime areas as well as areas known for DUI … [Read more...]
Entrapment is now a valid defense in Tennessee, based on the premise that “public policy demands a purity of government and its processes which does not exist when law enforcement, in effect, manufactures the crime and the criminal as opposed to preventing the crime and apprehending the criminal.” (See State v. Jones, 598 S.W.2d at 216; State v. Shropshire, 874 S.W.2d at 638.) The defense of entrapment did not exist in Tennessee until the 1980 Tennessee Supreme Court Decision in State v. Jones. In 1989 the Legislature set out the defense of Entrapment in Tenn. Code Ann. § 39-11-505 as … [Read more...]
The origin of the word 'penitentiary' derives from the word 'penitence' meaning the sorrow for one's sins or fault. The first penitentiary in the United States was located in Philadelphia, PA - Eastern State Penitentiary which opened in 1829. Perhaps the most notable inmate was the notorious gangster, Al Capone. … [Read more...]
In 1987 in response to an increase in drug activity, then Governor Ned Ray McWherter initiated the Drug Free Tennessee program which resulted in a variety of programs designed to address a growing drug and alcohol problem not only in Nashville and the major cities, but throughout rural Tennessee as well. As a result, the Tennessee Drug Control Act was passed into law. Specific drugs are placed into categories representing their potential for abuse. Schedule I drugs present the greatest likelihood of abuse while Schedule VII represent the least likelihood of abuse and all classified drugs are … [Read more...]
1. A Lawyer who has Experience Defending Criminal Cases and DUI’s in Nashville. The law may be the same, but each court will be different with its procedures, likes and dislikes. No amount of education can substitute for experience. The best criminal defense or DUI lawyers will be familiar with the procedures of each court and know the judges and prosecutors tendencies to do things in a particular manner. With a former Metropolitan – Nashville and Davidson County prosecuting attorney on staff, our Nashville criminal and DUI defense lawyers have years of experience handling thousands of … [Read more...]
Nashville Criminal Attorney Explains: What is the difference in Tennessee between burglary, robbery and theft?
Robbery in Tennessee. Most people recognize these terms as being some form of theft with each involving some degree of violence or force. You may be surprised to learn a few distinctions between the Tennessee crimes. As defined by Tennessee law, Robbery is the intentional or knowing theft of property from the person of another by violence or putting the person in fear. For example, the use of a threat placing the victim in fear while committing the crime of theft would be an example of a person committing the crime of robbery. The same criminal using a gun or a knife would be considered … [Read more...]