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Blog Archives

What is a Misdemeanor?

A misdemeanor offense is a criminal act committed in violation of the laws of the state of Tennessee. Punishment for a misdemeanor offense carries a jail service of at a minimum zero days in jail, to a maximum of eleven months and twenty-nine days in jail with a possible fine/loss of driving privileges. Any offenseRead More »

May a Misdemeanor Crime be Elevated to a Felony Offense?

Tennessee crimes that may result in jail sentences are classified as either misdemeanor or felony offenses. The penalties and ramifications of each significantly differ. Of the two, felonies are the more serious offense and carry greater penalties than a misdemeanor offense. Tennesseans charged with a criminal offense may distinguish misdemeanors from felonies by the potentialRead More »

Leaving the Scene of an Accident

All drivers have the duty to stop and help if involved in a car crash or accident.  Many times, a car accident may be simply that: an accident, where neither driver is at fault.  However, if a driver leaves the scene of an accident that involves other cars or people without providing specific information aboutRead More »

Bail (Getting Released from Jail)

Tennessee Code Annotated § 40-11-104 and the statutes that follow govern the rights of a defendant in relation to bail. See also, Tennessee Constitution, Article 1, Section 15.  Keep in mind that this blog entry is not comprehensive in nature.  It is only a general summary of the law as of the date the blogRead More »

Expunging (Erasing) Your Criminal Record

  If you have been charged with a felony or misdemeanor crime, but were never convicted, you may petition the court to have any related records expunged if you meet the following requirements: The charge(s) against you were dismissed A “no true bill” was returned by a grand jury The court entered a “nolle prosequi”Read More »

How Serious Is Shoplifting?

As the winter Holidays approach, merchants and shopping malls become more vigilant in trying to deter shoplifters.  It is important to understand that, although a misdemeanor, shoplifting is a serious offense that may prevent one from attending a school of their choice, or obtaining their dream job.  It is a misconception that shoplifting simply meansRead More »

What are the Differences Between Burglary, Robbery and Theft in Tennessee?

  Many people believe that burglary, robbery and theft can be used interchangeably because they all involve the unlawful taking of someone else’s property. Actually, while there are similar aspects to these three crimes, there are also nuanced differences. Theft In the State of Tennessee, a theft of property occurs when a person takes theRead More »

If I Am Arrested, Do I Have to Answer Police Questions?

  If you are arrested, the police must read you your Miranda rights if they want to: 1. Question you;  and 2. Use your responses as evidence against you. Miranda rights are derived from the Fifth Amendment right against self-incrimination, and allow you to remain silent if taken into police custody. The Miranda rights, asRead More »

What is the Difference Between Simple and Aggravated Assault in Tennessee?

In the state of Tennessee, simple assault occurs when a person intentionally, knowingly or recklessly causes bodily injury to another person. Simple assault also includes the causing of a person to reasonably fear imminent bodily injury or causing physical contact with a person that a reasonable person would find extremely provocative or offensive. (Tenn. CodeRead More »