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
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...]
Elements for a Charge of Assault and Battery
The distinction between an assault and battery and Tennessee is very little and battery falls within the definition of assault in the criminal code. Historically battery was a separate act and crime requiring actual physical contact and considered a completed assault. Modern statutes now join the separate elements of assault and battery into assault as defined below. The elements for assault set out in T.C.A. 39-13-101 are the following: A person commits assault who: (1) … [Read more...]