Posted on January 20, 2025 in Criminal Defense

A felony conviction is one of the most serious outcomes you can face in the criminal justice system. In Tennessee, felonies carry severe penalties, including long prison sentences and hefty fines. Beyond the immediate legal consequences, a felony conviction can also affect nearly every aspect of your life, from your job to your reputation.

If you are being prosecuted for a felony charge, you need to understand the consequences you face and build a strong defense. An experienced Tennessee criminal defense attorney can fight to protect your rights and work toward the best possible outcome in your case.

Penalties for a Felony Conviction in Tennessee

Tennessee classifies felonies into five categories: Class A, B, C, D, and E. The penalties vary depending on the classification of the felony, with Class A being the most severe and Class E being the least. Here is a breakdown:

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 Posted on January 08, 2025 in Assault

Facing charges for assaulting a police officer in Tennessee is a serious matter with serious legal consequences. If you are accused of assaulting a police officer, you need the help of a Tennessee criminal defense lawyer - even if you never put your hands on a cop. 

What Is Considered Assault Under Tennessee Law?

In 2020, Tennessee updated its laws to combine the definitions of assault and battery. Assault now covers physical harm to or offensive contact with another person, as well as threatening to cause harm. 

Punishments for assaulting a police officer are more severe than for a normal person, and just making a threat can be enough to put you in jail for long enough to lose your job, your reputation, and your relationships.  

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 Posted on December 31, 2024 in Criminal Defense

In Tennessee, "domestic violence" and "domestic assault" are two terms that sound similar but mean different things under the law. If you or someone you know is facing these kinds of charges, it is important to know the difference and what they involve. A Tennessee criminal defense lawyer can help explain your options and fight for your rights.

What Is Domestic Violence?

Domestic violence is a general term used to describe harmful actions toward someone in your family or household. It is not a specific crime but refers to things like hitting, threatening, or harassing someone. These actions count as domestic violence if they involve people with certain relationships, such as:

• Current or former spouses (people who are married or used to be married).

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 Posted on December 23, 2024 in Sex Crime Charges

Rape is one of the most serious criminal charges a person can face in Tennessee. Convictions carry severe penalties and life-changing consequences. Understanding what you are up against if you are charged with rape is essential for those accused of this crime and their families. An experienced Tennessee sex crimes defense attorney can help protect your rights and build a strong defense if you are facing allegations of rape or sexual assault.

What is the Legal Definition of Rape in Tennessee?

Under Tennessee law, rape is defined as unlawful sexual penetration of a victim when certain conditions apply, such as:

• The victim did not give consent.

• Force or coercion was used.

• The victim was mentally incapacitated or physically helpless.

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 Posted on December 04, 2024 in Drug Crimes

Marijuana laws in Tennessee are some of the strictest in the country. Unlike states that have decriminalized or legalized marijuana, Tennessee continues to impose significant penalties for possessing, selling, or cultivating weed.

Whether you go to jail for marijuana-related crimes depends on the amount involved, what you were trying to do with it, and whether you have a prior criminal history. If you are facing marijuana charges, an experienced Knoxville, TN criminal defense attorney can help you understand your rights and give you the best chance of staying out of jail.

Possession of Marijuana in Tennessee

Simple possession, which refers to having a small amount of marijuana for personal use, is one of the least severe marijuana-related offenses in Tennessee. However, it is still considered a criminal charge.

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 Posted on November 25, 2024 in Traffic Violations

A commercial driver’s license (CDL) comes with major responsibility. The law holds CDL drivers to higher standards, reflecting the trust that other motorists place in them. As a result of this higher trust, certain traffic violations are penalized more heavily for CDL drivers than civilian drivers.

Some of these traffic violations are serious, coming with unexpected consequences for your license if violated. Any consequence for your CDL is a threat to your gainful employment and should be taken seriously. A Tennessee traffic defense attorney at The Baker Law Firm can see that your best interests are defended in court, protecting your livelihood to the fullest extent of the law.

Serious and Major Violations

The state of Tennessee places CDL violations into two categories: "serious" and "major." It is worth knowing the difference between what constitutes a serious or major CDL violation, or even which one is worse. The former category – serious violations – covers lesser offenses like speeding, tailgating, or swerving between lanes. A first-time conviction of a serious offense might not have any immediate consequences for your CDL, but for a second conviction within three years, your CDL could be suspended for 60 days. Major offenses cover more dangerous acts behind the wheel, like driving under the influence or fleeing the scene of an accident. A conviction of this charge, even on a first-time offense, will lead to the one-year suspension of your CDL.

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 Posted on November 18, 2024 in Guns & Weapons Charges

Tennessee has a rich history of gun ownership and its citizens have enjoyed relatively permissive laws regarding the right to bear arms. However, you could be blindsided by a weapons violation charge, even if you were a responsible gun owner otherwise. The charge of unlawful possession of a firearm can saddle you with misdemeanor or even felony charges, with serious fines and prison time being a real possibility. A Tennessee criminal defense attorney at The Baker Law Firm can advocate for your rights in court, making sure that nothing is overlooked while making a case for your defense.

The Right to Bear Arms

The Second Amendment protects the rights of American citizens to "keep and bear arms" for their own security. Tennessee’s interpretation of the Second Amendment allows for citizens over 21 (or over 18 in certain circumstances) to carry a loaded handgun without a permit, concealed or not. This only applies to handguns, however, not rifles or shotguns. Even though a permit is not strictly required for handgun ownership in Tennessee, some authorities recommend that you apply for a permit anyway, as it allows you more flexibility and defense against weapons violation charges.

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 Posted on November 08, 2024 in Criminal Defense

A criminal record is a heavy burden to carry. You may just be trying to move on with your life, but even if you have resolved to live a clean life after dealing with the consequences of your conviction, you can still face serious prejudice in housing, employment, and your personal life.

Getting an expungement can afford you some closure and privacy, but before applying, you should know the regulations around clearing your criminal record in the state. A Tennessee criminal defense attorney at The Baker Law Firm can walk you through the process of expungement, keeping you in the loop throughout complex legal proceedings and advocating for your rights.

What Does Expungement Do?

Expungement can significantly rehabilitate your reputation because it can completely erase your crime from the public record and all official sources. It essentially offers you a fresh start. However, you may end up waiting a long time before you can apply for expungement, at least five years since you served your sentence.

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 Posted on October 31, 2024 in Civil Rights

Asset forfeiture is a legal process that allows law enforcement to seize property connected to criminal activity. While it is meant to fight drug trafficking and other serious crimes, forfeiture often leads to police taking people’s stuff unfairly, especially if the property owner is not convicted of a crime. 

In Tennessee, asset forfeiture laws can impact people’s finances, vehicles, and other valuable assets, so understanding when forfeiture is legal and how to fight it is crucial. If your property has been seized, a top-notch Tennessee criminal defense and civil rights attorney can help you fight to reclaim it.

When Can Property Be Legally Forfeited in Tennessee?

Under Tennessee law, property can be forfeited if it is believed to be connected to criminal activity, most commonly in cases involving drug offenses. Property that may be seized includes:

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 Posted on October 21, 2024 in Criminal Defense

A fun night out in Knoxville can quickly turn sour if you find yourself facing a public intoxication charge. Whether it was a little too much fun on Market Square or some ill-timed antics after a UT game, it is important to understand what public intoxication charges mean in Tennessee, what the potential consequences are, and how an experienced criminal defense attorney can help you fight the charges.

What Counts as Public Intoxication in Tennessee?

In Tennessee, public intoxication is defined under Tennessee Code 39-17-310. Essentially, it is illegal to be drunk or under the influence of drugs in a public place if you are:

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