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
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...]
Driving Under the Influence in Tennessee DUI
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...]