Aggressive Criminal Defense. Honest Advice.
Accused of a Violent Crime? Violent crimes are often the most zealously prosecuted in the criminal justice system. Anyone accused of these serious crimes requires a vigorous defense. If you are facing charges for assault, murder, or any other violent crime in the Memphis area, know that at The McDaniel Law Firm we are here to help.
Under Tennessee law, attempted murder is charged by reference to the crime attempt, but through application of two distinct portions of Title 39, Chapter 12. Part 1 of the relevant chapter, which covers “inchoate” offenses, contains two provisions that together structure how charges for a murder crime are applied.
The first of these provisions is established in T.C.A. § 39-12-107(a), which holds that an attempted crime is generally charged one degree lower than the charge that would have applied had the attempt been successful (so an attempted first degree murder is graded with severity equivalent to second degree murder).
The second provision is set out in T.C.A. § 39-12-101, which establishes as criminally prosecutable attempted actions which would have been violations of state law had they succeeded, provided the defendant acted with “the culpability otherwise required” for a conviction under the definition of the attempted crime (important in cases, like the various assault crimes mentioned above, where factors such as knowledge or intent are an integral part of the legal definition of the crime itself).
Tennessee law separates criminal homicide into a few separate offenses, only two of which are charged as murder: first-degree murder, charged under T.C.A. § 39-13-202, and second-degree murder, charged as a violation of 39-13-210. The distinctions between the legal definitions of these crimes can be extremely important because they establish the elements state prosecutors must prove to secure a conviction, and therefore provide the initial parameters through which a defense attorney will examine the case to prepare a defense.
Sex crime charges in Tennessee are configured according to three main factors and the way they intersect with the circumstances of a particular case. These factors are age (especially the age of the alleged victim), lack of consent (which may or may not entail direct coercion), and relationship of authority between the defendant and the alleged victim (susceptible to an abuse of power).
Sex crime charges can be among the most personally devastating to face, not least because they often arise in the context of a prior or existing relationship between the defendant and the alleged victim. Even when there is no such interpersonal history, however, the stigma that is often attached to charges for sex crimes can make a defendant’s personal and even professional life more difficult. The long-term social and career consequences of this stigma can sometimes follow a defendant for many years, even if they are ultimately acquitted at trial. The outcomes of a conviction are of course commensurately more severe, and can include being made to register as a sex offender.
Our experienced Memphis defense attorneys are prepared to leave no stone unturned in our aggressive defense of a client’s interests. Often the evidence submitted by the prosecution in a sex crime case is circumstantial at best, and susceptible to more than one interpretation. We are prepared to conduct a thorough review of all the evidence and support our clients by recommending and then implementing a targeted defense strategy based on the specific factors present in each individual case.
To prove that a defendant committed assault as defined in T.C.A. § 39-13-101, state prosecutors must show that the defendant intentionally or knowingly gave another person reasonable fear of imminent physical injury or caused physical contact a reasonable person would consider provocative or “extremely offensive” or that the defendant actually caused bodily injury to another person intentionally, knowingly, or recklessly.
Charges for assault may be escalated to charges for aggravated assault under T.C.A. § 39-13-102 if prosecutors believe they can show that the defendant knowingly or intentionally committed an assault under the terms established in 39-13-101 in an incident that involved a deadly weapon, that resulted in serious bodily injury or death of the alleged victim, or involved strangulation or attempted strangulation of the alleged victim by the defendant.
Cases involving allegations of domestic abuse are also distinctive because assault charges that meet the criteria for domestic abuse under Title 36, Chapter 3, Part 6 can impose specific restrictions on the defendant’s possession of firearms according to procedures that do not necessarily apply in non-domestic assault cases.
Every case is different, but often the defense for assault charges may be built on questioning the knowledge or intent behind the defendant’s actions, or by questioning the reasonableness of the fear claimed by the alleged victim. A conversation with a defense attorney at The McDaniel Law Firm will give you an enhanced perspective on your legal options.
Tennessee does not treat domestic assault as an entirely separate offense so much as a specific application of the assault statute. Under T.C.A. § 39-13-111, a person commits domestic assault by committing an assault as defined in § 39-13-101 against a “domestic abuse victim” — a category set out in Title 36, Chapter 3, Part 6 that reaches considerably further than most people assume. It encompasses current and former spouses, people who live together or have lived together, individuals in a dating or sexual relationship, adults related by blood or marriage, and the adult or minor children of anyone in one of those relationships. The elements state prosecutors must prove are the same as in any assault case. What changes is the relationship between the parties — and what that relationship sets in motion.
Much of the practical consequence arrives before a court has weighed anything. Under T.C.A. § 40-11-150, a magistrate setting conditions of release in a domestic assault case may impose no-contact conditions and bar the defendant from returning to a shared residence, and a person arrested on these allegations may be held for a period before release where the magistrate finds a continuing threat. For a defendant who lives with the alleged victim, that can mean losing access to a home, belongings, and in some cases children, within hours of an arrest and well ahead of any finding of fact. Where a divorce or custody matter is already pending, allegations raised in the criminal case rarely stay confined to it.
The firearm consequence is the one that most often goes unmentioned at the outset. A conviction for misdemeanor domestic assault triggers a federal prohibition on possessing firearms under 18 U.S.C. § 922(g)(9) that operates independently of Tennessee law and does not expire with the sentence. Defendants who accept a plea to resolve what appears to be a minor charge are frequently unaware they are surrendering that right permanently.
Every case is different, but a defense to domestic assault charges is often built on the same ground as any assault case — questioning the knowledge or intent behind the alleged conduct, or the reasonableness of the fear the alleged victim claims — with the added work of addressing whether the relationship actually meets the statutory definition, and of protecting the client from consequences that attach long before trial. An attorney at The McDaniel Law Firm can discuss which of these apply to your situation.
To secure a conviction for reckless endangerment under Tennessee law, state prosecutors must prove that the defendant recklessly engaged in conduct which places another person at risk of serious bodily injury or death. Because risk is always contextual, the circumstances that lead to a charge of reckless endangerment as defined in T.C.A. § 39-13-103 can vary widely. It is important to reach out to an attorney at The McDaniel Law Firm to help prepare your defense. This may involve questioning the level of risk that those in the area were exposed to or undermining the assertion that the conduct itself was reckless.
There are a number of conditions under which individuals may be prohibited from owning or carrying weapons, especially firearms, under Tennessee law. The laws concerning unlawful possession of weapons are critically important to remaining on the “right side” of the criminal justice system, particularly for individuals on probation or those who have a domestic abuse conviction or those who have a felony or a domestic assault conviction. Unfortunately, these restrictions can also be complex to navigate. As a result, it can be easy to misstep, with serious legal consequences. If you have been charged with unlawful possession of a weapon, you should reach out to The McDaniel Law Firm. An experienced attorney will discuss any potential defenses and whether and how they apply to your situation.
Under T.C.A. § 39-14-202, a person commits cruelty to animals by intentionally or knowingly torturing, maiming, or grossly overworking an animal; failing unreasonably to provide necessary food, water, care, or shelter for an animal in the person’s custody; unreasonably abandoning an animal in the person’s custody; transporting or confining an animal in a cruel manner; or inflicting burns, cuts, lacerations, or other injuries or pain by any method. The statute requires intent or knowledge — not carelessness — and two of its provisions apply only where the animal was in the accused’s custody, which makes both the mental state and the custodial relationship potential points of challenge.
The statute also carries a set of exclusions that are frequently overlooked when a charge is first brought. Accepted agricultural and farming practices, veterinary care, lawful hunting, fishing, and trapping, pest and rodent control, and certain research activities fall outside the reach of the offense. Because these cases often begin with a complaint from a neighbor or a visit from animal control — and because the evidence is typically photographic and condition-based — an early question in many of them is whether what an observer interpreted as neglect reflects a practice the legislature expressly placed beyond the statute, or a condition that predated the accused’s involvement altogether.
Cruelty to animals is a Class A misdemeanor. Tennessee separately defines aggravated cruelty to animals under T.C.A. § 39-14-212, a Class E felony reserved for intentionally killing or seriously injuring a companion animal with aggravated cruelty and no justifiable purpose. Beyond sentencing, a conviction can result in forfeiture of the animal, a court order barring possession of animals for a period, and — for qualifying offenses — inclusion on the statewide animal abuse registry maintained by the Tennessee Bureau of Investigation, which is publicly searchable.
Charges of this kind carry a stigma that arrives well ahead of any finding of fact, and the surrounding circumstances are rarely as clear as an initial report suggests. An attorney at The McDaniel Law Firm can review what the state actually has to prove in your case and where its evidence may be open to challenge.
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FAQs
If you have been arrested or believe you are under investigation, contact us immediately. Do not discuss your case with law enforcement or anyone else until you understand your rights. Early legal guidance can significantly impact how your case unfolds.
Assault generally involves causing injury, offensive contact, or placing someone in fear of imminent harm. Aggravated assault involves additional factors such as serious bodily injury, use of a deadly weapon, or certain domestic circumstances. The distinction matters because aggravated charges carry significantly harsher penalties.
Yes. Certain assault charges, particularly those classified as domestic abuse, can result in restrictions on firearm possession that may apply even before a case is fully resolved. It is important to understand how the specific allegations in your case may impact your rights.
Every case is different. A defense strategy may involve challenging intent, questioning witness credibility, examining how evidence was collected, disputing the level of alleged injury, or identifying procedural violations. A thorough review of the prosecution’s evidence is essential to building an effective defense.
Penalties vary depending on the charge, prior criminal history, and case circumstances. Consequences may include jail or prison time, probation, fines, loss of firearm rights, and long-term impacts on employment and reputation. Charges such as murder or certain sex offenses can carry life-altering penalties.
You can schedule a consultation with us by calling our office directly or filling out the contact form on our website. We offer initial consultations to discuss your legal issues and determine how we can assist you.
