Technically, assault and battery are not the same things. Assault involves making threats or invading someone’s personal space, and battery involves directly making violent contact with someone. Legally, however, these charges are often grouped together and penalized similarly. Ultimately, assault and battery are violent crimes, which can command steep penalties if you are found guilty. If you’ve ...
Many grandparents are actively helping raise their grandchildren; of those grandparents currently raising their grandchildren, many are serving as primary guardians. The number of grandparents raising grandchildren in the United States has seen a steep incline. There are many reasons a grandparent may need to step in to take care of their grandchildren, but in recent years, the national opioid ...
The past 18 months have been challenging for many households, and now that the world is trying to return to a life resembling the one we all remember some budgets are not rebounding. While the percentage of bankruptcies are down year over year, many analysts think those numbers are likely to increase. Many households have been able to remain afloat thanks to stimulus money and moratoriums on ...
Tennessee law has different means of establishing custody when the parents of a child are not married. If a child is born and the parents are unmarried, establishing custody isn’t as straightforward. As with most aspects and decisions in family court, the main consideration is what makes the most sense for the child and their best interest. How do you establish paternity in Tennessee? According to ...
Technically, assault and battery are not the same things. Assault involves making threats or invading someone’s personal space, and battery involves directly making violent contact with someone. Legally, however, these charges are often grouped together and penalized similarly. Ultimately, assault and battery are violent crimes, which can command steep penalties if you are found guilty. If you’ve ...
When it comes to drug possession, police would have you believe that you’ve been caught red-handed. They want you to feel like your case is hopeless, and you might as well go along with whatever they ask, attempting to secure a lighter sentence. Remember, police like to secure arrests, and prosecutors like getting convictions. Higher numbers look good on their records, so they do whatever they can ...
We all know that you could be arrested for possession, selling, or trafficking drugs. Drug crimes, however, aren’t restricted to the drugs themselves. You could be arrested for anything the cops consider “paraphernalia.” This is any item related to the use or distribution of drugs. What follows is a brief breakdown of Tennessee’s drug paraphernalia laws, followed by effective defenses against ...
Domestic violence is a horrible experience. It’s easy to wish for another solution, and it’s tempting to try to fix the marriage. This outcome is rare, and you should do whatever is necessary to move on from this relationship. If are suffering from this abuse, contact the authorities as soon as possible and tell them you need a restraining order. Each state has slight variations on its types of ...
Prenuptial agreements are commonplace these days. However, it feels true that they suffered a poor reputation for many years as a tool of greedy spouses seeking to keep all their assets to themselves. Unfortunately, when couples marry, they aren’t planning to get a divorce. What is a Prenuptial Agreement? A prenuptial agreement is a contract couples sign before entering a legal marriage. The ...
Few issues are sure to complicate your divorce like money and children. Issues like having a large investment portfolio, or young children who require custody arrangements, or immense wealth without a prenuptial agreement, are sure to land you on the opposite side of an office table in negotiations with your estranged spouse. As you get older, it’s normal to amass investments and assets you plan ...
Domestic violence is a horrible experience. It’s easy to wish for another solution, and it’s tempting to try to fix the marriage. This outcome is rare, and you should do whatever is necessary to move on from this relationship. If are suffering from this abuse, contact the authorities as soon as possible and tell them you need a restraining order. Each state has slight variations on its types of ...
The repercussions of a domestic violence accusation go far beyond the legal. Such allegations can affect your reputation, relationships, and possibly your job. We all know domestic violence accusations are bad, but we don’t often stop and ask ourselves what they really mean. What, exactly, is domestic violence? For sure, we all know that someone beating their spouse qualifies. It may surprise you ...
Domestic assault is a serious issue in the state of Tennessee and, as such, the consequences of a conviction can be quite severe, depending on the details of the crime. In addition to the criminal penalties one may face, a conviction may also impact a defendant’s ability to own a firearm, retain employment, and rent an apartment. If you are facing domestic assault charges, it is crucial to hire an ...
When it comes to drug possession, police would have you believe that you’ve been caught red-handed. They want you to feel like your case is hopeless, and you might as well go along with whatever they ask, attempting to secure a lighter sentence. Remember, police like to secure arrests, and prosecutors like getting convictions. Higher numbers look good on their records, so they do whatever they can ...
Nashville’s DA announced it’s no longer planning to prosecute minor marijuana cases, and Memphis has already started working again toward similar municipal decriminalization legislation. With the two largest cities in Tennessee working to ignore or change marijuana laws, it’d be easy to forget that marijuana is still wholly illegal in Tennessee. The issue is not an easy one for many states, and ...
Common Items that Can Turn Criminal Nonprescription drug use is a well-understood criminal offense. Possession of drug paraphernalia is equally punishable, and charges can even arise from items that are originally innocent. When an item is used to consume, cook, hide, inhale, prepare, or test illegal drugs, it becomes drug paraphernalia. If used in such a way, an individual can be charged with ...
In Tennessee, a first-time DUI is a misdemeanor, punishable by a jail sentence ranging from 48 hours to 11 months and 29 days, a fine of up to $1,500, and driver’s license revocation for one year. However, if certain aggravating factors exist, then a first offense can result in harsher criminal penalties or even a felony charge. The following are common examples of aggravated DUI in Tennessee: ...
After being arrested for suspected DUI in Tennessee, a police officer will request the driver to submit to a chemical test (e.g., breath, blood, or urine test) to determine the amount of alcohol or drugs in the driver’s system. But what happens if the driver refuses to take a test? Implied Consent in Tennessee According to Tennessee’s implied consent law, any person who drives a vehicle in the ...
From semi-trucks and tractor-trailers transporting precious cargo to passenger buses carrying dozens of passengers, operating these vehicles require a commercial driver’s license (CDL). Since CDL holders drive large vehicles for a living, they are held to a stricter standard in comparison to non-commercial drivers, especially when it comes to drunk or drugged driving. A CDL holder can be charged ...
None of us knows what life has in store for us, so creating plans and strategies for our loved ones is one way we can mitigate the stress caused by the unknown elements of our life. If you have children, property, and assets, it can be stressful to worry about what will happen once you’ve passed away. This can become even more of a concern if you have not made provisions for your estate. Even if ...
If you have aging parents, then you may be starting to see signs of decline you can’t ignore. When your parents reach a point they are mentally incapable of managing their personal affairs, it may be time to consider petitioning the court for a conservatorship. It can be difficult to admit your loved one is having problems with basic tasks like: Driving/Auto Maintenance Finances Shopping Home ...
Prenuptial agreements are commonplace these days. However, it feels true that they suffered a poor reputation for many years as a tool of greedy spouses seeking to keep all their assets to themselves. Unfortunately, when couples marry, they aren’t planning to get a divorce. What is a Prenuptial Agreement? A prenuptial agreement is a contract couples sign before entering a legal marriage. The ...
If you have aging parents, then you may be starting to see signs of decline you can’t ignore. When your parents reach a point they are mentally incapable of managing their personal affairs, it may be time to consider petitioning the court for a conservatorship. It can be difficult to admit your loved one is having problems with basic tasks like: Driving/Auto Maintenance Finances Shopping Home ...
Prenuptial agreements are commonplace these days. However, it feels true that they suffered a poor reputation for many years as a tool of greedy spouses seeking to keep all their assets to themselves. Unfortunately, when couples marry, they aren’t planning to get a divorce. What is a Prenuptial Agreement? A prenuptial agreement is a contract couples sign before entering a legal marriage. The ...
The repercussions of a domestic violence accusation go far beyond the legal. Such allegations can affect your reputation, relationships, and possibly your job. We all know domestic violence accusations are bad, but we don’t often stop and ask ourselves what they really mean. What, exactly, is domestic violence? For sure, we all know that someone beating their spouse qualifies. It may surprise you ...
Tennessee law has different means of establishing custody when the parents of a child are not married. If a child is born and the parents are unmarried, establishing custody isn’t as straightforward. As with most aspects and decisions in family court, the main consideration is what makes the most sense for the child and their best interest. How do you establish paternity in Tennessee? According to ...
Patton & Pittman would like to congratulate partner Chris Clark on another FULL ACQUITTAL by a jury at trial. The jury of twelve was selected on Monday February 28 to try our client on charges of rape, sexual battery, and sexual battery by an authority figure. The state intended to call five witnesses to testify against our client. Four were lay or “fact” witnesses and one expert witness. The ...
Josh Duggar from the once-popular now-canceled reality TV series 19 Kids and Counting was arrested and charged with possession of child pornography. He was released from jail on May 6 th , but he is barred from returning to his family home on the judge’s orders that he not live at home with his minor children. He has been outfitted with a GPS electronic monitoring device that ensures he’s not away ...
A recent article by the American Bar Association asked the question, “are lawyers getting too specialized?”. The author’s theory was that as attorneys continue to become hyperspecialized, they lose the ability to solve more complex legal problems because they have lost the 10,000 foot view, or as he called it, the “legal sixth sense”. In other words, lawyers who are specialists lack the ability to ...
Domestic violence is a horrible experience. It’s easy to wish for another solution, and it’s tempting to try to fix the marriage. This outcome is rare, and you should do whatever is necessary to move on from this relationship. If are suffering from this abuse, contact the authorities as soon as possible and tell them you need a restraining order. Each state has slight variations on its types of ...
In the state of Tennessee, when a person is abused, threatened, stalked, harassed, or a victim of domestic violence , they may seek a protective order with the courts which requires their alleged abuser to stay a certain distance away from them. Also known as “restraining orders,” these orders usually remain active for one year, though they may be modified by the courts as they see fit. But what ...
Understanding Tennessee Weapons Laws and How to Defend Yourself Against Them While the Constitution continues to protect Americans’ rights to bear arms, states impose certain restrictions to protect the public from unnecessary access to tools of excessive force and danger. Tennessee incriminates anyone carrying a weapon without the appropriate permits. If you have been charged with illegal ...
Due to Tennessee’s vague legislative language, it can be difficult to understand exactly what type of weapon will get you convicted of a weapons charge . As of 2013, it is legal to own any type of knife, including: throwing stars; daggers; dirks; swords; sword canes; and machetes. Concealed Weapon Charge There are generally no prohibited knives under statute laws, but you may still be convicted if ...
If you are a firearm enthusiast, you probably value your right to bear arms. After all, firearms allow law-abiding citizens to protect themselves, their families, and their homes from criminals. Research has shown that when citizens are armed, and criminals know it, they will usually avoid the properties that are protected by armed homeowners and business owners. There are strict state and federal ...
