Criminal charges immediately begin to negatively affect all aspects of your life, including your job, your family relations, your liberty, your educational opportunities and your rights to vote and own firearms. Stephen H. Byrd, Attorney at Law understands the unforeseen impact on clients’ lives and futures. Fortunately, every criminally accused has the safeguard of the fundamental principles of our constitutions to protect our freedoms and liberty.
Stephen H. Byrd has distinguished himself as one of the areas preeminent criminal defense attorneys. His primary goal is to obtain acquittals and dismissals of charges; however, he also negotiates fair plea agreements, when needed. Typically, a plea agreement means that the criminally accused pleads to a lesser charge when there’s no better legal option based upon the particular facts. In all cases, the client has the final decision to accept a plea deal or continue fighting the charges.
Being criminally accused does not prove one’s guilt; however, being arrested and charged with any crime, whether innocent or not, causes people to be scrutinized and treated harshly. The negative stigma of being accused of a crime hurts one’s reputation, ability to keep a job and personal relationships.
Attorney Byrd’s goal is to provide the highest level of representation while being flexible with payment options. He offers a free initial consultation to discuss your case. Just call (865) 250-1968.
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Tennessee Taxpayer Bill Of Rights
Tennessee Criminal Tax Attorney
Tennessee Code Annotated (T.C.A)
§ 55-10-401. Driving under the influence prohibited — Alcohol concentration in blood or breath.
It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park, or apartment house complex, or any other premises that is generally frequented by the public at large, while:
(1) Under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof that impairs the driver’s ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of oneself that the driver would otherwise possess;
(2) The alcohol concentration in the person’s blood or breath is eight-hundredths of one percent (0.08%) or more; or
(3) With a blood alcohol concentration of four-hundredths of one percent (0.04%) or more and the vehicle is a commercial motor vehicle as defined in § 55-50-102.
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§ 55-50-405. Violations — Penalties — Driving under the influence.
(a)
(1) The commissioner shall suspend for at least one (1) year, a commercial motor vehicle operator who is found to have committed a first violation of:
(A) Driving a commercial motor vehicle under the influence of alcohol or a controlled substance, or with a blood alcohol concentration (BAC) of four-hundredths of one percent (0.04 %) or greater;
(B) Leaving the scene of an accident while driving a commercial motor vehicle; or
(C) Operating a commercial motor vehicle in the commission of a felony, except a controlled substance felony as described in subdivision (a)(4).
(2) If the operator commits any of the violations while carrying hazardous materials, the suspension shall be for a period of three (3) years.
(3) The commissioner shall suspend for life, or a period not less than ten (10) years, according to department of transportation regulations, a commercial motor vehicle operator who is found to have committed a second violation of:
(A) Driving a commercial motor vehicle under the influence of alcohol with a BAC of point zero four (0.04) or greater, or other controlled substance;
(B) Leaving the scene of an accident while driving a commercial motor vehicle; or
(C) Using a commercial motor vehicle in the commission of a felony.
(4) The commissioner shall suspend for life, a commercial motor vehicle operator who is found to have used a commercial motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to distribute.
(5) The commissioner shall suspend for a period of not less than sixty (60) days each person who in a three-year period has committed two (2) serious traffic violations involving a commercial motor vehicle, and for not less than one hundred twenty (120) days each person who has committed three (3) serious traffic violations in a three-year period.
(6)
(A) Any person violating subdivisions (a)(1), (2), and (3) shall, upon conviction, be punished pursuant to the requirements of §§ 55-10-402 and 55-10-403, except for provision of license suspension, which shall be in accordance with this subsection (a).
(B) Any person violating subdivision (a)(4) shall, upon conviction, be fined not less than two thousand five hundred dollars ($2,500), and be imprisoned for not less than ninety (90) days nor more than one (1) year.
(7)
(A) The commissioner shall suspend the driver license of a driver who is convicted of violating an out-of-service order while driving a commercial motor vehicle for one hundred eighty (180) days if the driver is convicted of a first violation of an out-of-service order.
(B) The commissioner shall suspend the driver license of a driver who is convicted of violating an out-of-service order while driving a commercial motor vehicle for two (2) years if, during any ten-year period, the driver is convicted of two (2) violations of out-of-service orders in separate incidents.
(C) The commissioner shall suspend the driver license of a driver who is convicted of violating an out-of-service order while driving a commercial motor vehicle for three (3) years if, during any ten-year period, the driver is convicted of three (3) or more violations of out-of-service orders in separate incidents.
(8)
(A) The commissioner shall suspend the driver license for a period of one hundred eighty (180) days if a driver is convicted of violating an out-of-service order while driving a commercial motor vehicle while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act (49 U.S.C. § 5101 et seq.), or while operating a motor vehicle designed to transport more than fifteen (15) passengers including the driver.
(B) The commissioner shall suspend the driver license of a driver who is convicted of violating an out-of-service order while driving a commercial motor vehicle for a period of three (3) years if the driver is convicted of any subsequent violation of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act or while operating a commercial motor vehicle designed to transport more than fifteen (15) passengers, including the driver.
(9) The commissioner shall suspend the driver license of a commercial motor vehicle operator who is convicted of violating a railroad highway grade crossing law or regulation while operating a commercial motor vehicle, for not less than sixty (60) days for a first conviction; not less than one hundred twenty (120) days for a second conviction, if the violation occurred within a three-year period from the first violation; and one (1) year for a third conviction, if the violation occurred within three (3) years from the first violation, for the following offenses:
(A) For drivers who are not required to always stop pursuant to § 55-8-147, failing to slow down and check the railroad highway grade crossing to be sure it is clear of an approaching train;
(B) For drivers who are not required to always stop pursuant to § 55-8-147, failing to stop before reaching the railroad highway grade crossing if the tracks are not clear;
(C) A conviction of § 55-8-147;
(D) Failure to have sufficient space to drive completely through the railroad highway grade crossing without stopping;
(E) Failure to obey a traffic control device or the directions of an enforcement official at the railroad highway grade crossing; or
(F) Failure to negotiate a railroad highway grade crossing because of insufficient undercarriage clearance.
(10)
(A) A driver who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than two thousand five hundred dollars ($2,500) for a first conviction and not less than five thousand dollars ($5,000) for a second or subsequent conviction, in addition to any disqualification or other penalty which may be imposed by state or federal law.
(B) The civil penalty shall be assessed by the department after receiving notification of the conviction.
(C) Funds received pursuant to this section shall become expendable receipts of the department.
(b) Any person violating § 55-50-401 shall, upon conviction, be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), and be imprisoned for not less than ten (10) days nor more than ninety (90) days.
(c) Any person violating § 55-50-402 shall, upon conviction, be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500), and imprisoned for not less than two (2) days nor more than thirty (30) days.
(d) Any person violating § 55-50-403 shall, upon conviction, be fined not more than five hundred dollars ($500) and also be subject to civil penalties pursuant to 49 CFR § 383.53(b)(2).
(e) Any person violating § 55-50-404 shall, upon conviction of a first offense, be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), and be imprisoned for not less than thirty (30) days nor more than ninety (90) days; and upon conviction of a second or subsequent offense, be fined not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars
($2,500) and be imprisoned for not less than ninety (90) days nor more than one (1) year.
(f) Notwithstanding any other provision in this title, the privilege of operating a commercial motor vehicle shall be subject to 49 CFR Parts 383 and 384 relative to the disqualification of drivers.
(g) Any person charged with driving a commercial motor vehicle without a commercial driver license in the driver’s possession, may, on or before the court date, submit evidence of compliance at the time of the violation. If the court is satisfied that compliance was in effect at the time of the violation, the charge shall be dismissed without cost to the defendant and no litigation tax shall be due or collected, notwithstanding any provision of law to the contrary.
(h) Pursuant to 49 CFR § 350.341, no provision of law relative to commercial driver licenses, including, but not limited to, physical qualification standards and records to be kept by drivers, shall be applicable to drivers of motor vehicles that have a gross vehicle weight rating or gross combination weight rating of twenty-six thousand pounds (26,000 lbs.) or less that are operated in intrastate commerce to transport property, and that do not transport:
(1) Hazardous materials required to be placarded;
(2) Sixteen (16) or more persons, including the driver; or
(3) Passengers for hire.
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55-10-205. Reckless driving.
(a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property commits reckless driving.
(b) A person commits an offense of reckless driving who drives a motorcycle with the front tire raised off the ground in willful and wanton disregard for the safety of persons or property on any public street, highway, alley, parking lot, or driveway, or on the premises of any shopping center, trailer park, apartment house complex, or any other premises that are generally frequented by the public at large; provided, that the offense of reckless driving for driving a motorcycle with the front tire raised off the ground shall not be applicable to persons riding in a parade, at a speed not to exceed thirty miles per hour (30 mph), if the person is eighteen (18) years of age or older.
(c)
(1) Any motor vehicle operator who knowingly ignores a clearly visible and adequate flood warning sign or barricade and drives into a road area that is actually flooded commits reckless driving. In addition to the penalties imposed pursuant to subsection (d), the court may order the operator to pay restitution to defray the taxpayer cost of any rescue efforts related to such violation.
(2) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the operator’s driving through the flood warning sign or barricade was necessitated by a bona fide emergency.
(3) This subsection (c) shall not apply to an emergency vehicle. “Emergency vehicle” means a vehicle of a governmental department or public service corporation when responding to any emergency, or any vehicle of a police or fire department, or any ambulance.
(d)
(1) A violation of this section is a Class B misdemeanor.
(2) In addition to the penalty authorized by subdivision (d)(1), the court shall assess a fine of fifty dollars ($50.00) to be collected as provided in § 55-10-412(b) and distributed as provided in § 55-10-412(c).
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§ 39-14-301 identifies Arson as the act of knowingly damaging any structure through the use of a fire or explosion:
(a) Without the consent of all persons who have a possessory, proprietary or security interest therein; or
(b) With intent to destroy or damage any structure to collect insurance for the damage or destruction or for any unlawful purpose.
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Aggravated Arson (T.C.A. § 39-14-302) is the act of committing arson or setting fire to personal property or land when:
(a) One (1) or more persons are present therein; or
(b) When any person, including firefighters and law enforcement officials, suffers serious bodily injury as a result of the fire or explosion.
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Setting Fire to Personal Property or Land (T.C.A. § 39-14-303) is the act of knowingly damaging any personal property, land, or other property, except buildings or structures covered under § 39-14-301, by means of a fire or explosion:
(a) Without the consent of all persons who have a possessory or proprietary interest therein; or
(b) With intent to destroy or damage any such property for any unlawful purpose.
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Reckless Burning (T.C.A. § 39-14-304) is the act of:
(a) Recklessly starting a fire on the land, building, structure or personal property of another;
(b) Starting a fire on the person’s own land, building, structure or personal property and recklessly allowing the fire to escape and burn the property of another; or
(c) Knowingly starting an open air or unconfined fire in violation of a burning ban as determined by the commissioner of agriculture, in consultation with the state forester and the county mayors of impacted counties in extreme fire hazard conditions.
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Leaving Fire near Woodland Unattended (T.C.A. § 39-14-305) is the act of originating or using an open fire and leaving that fire unattended without totally extinguishing the same, if it is within one hundred fifty feet (150) of forest or woodlands or within one hundred fifty feet (150) of other inflammable material, resulting in the fire being conveyed to forest or woodlands.
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According to T.C.A. § 39-14-306, Setting Fires At Certain Times Without Permit, it is unlawful for any person to start an open-air fire between October 15 and May 15, inclusive, within five hundred feet (500) of any forest, grasslands or woodlands without first securing a permit from the state forester or the state forester’s duly authorized representative. Depending upon the potential for hazardous burning conditions, the state forester may prescribe a period other than October 15 to May 15 within which a permit must be obtained prior to starting an open-air fire.
Tennessee Code Annotated (T.C.A) § 39-13-10 defines Assault as the act of:
Intentionally, knowingly or recklessly causing bodily injury to another;
Intentionally or knowingly causing another to reasonably fear imminent bodily injury; or
Intentionally or knowingly causing physical contact with another if a reasonable person would regard said contact as extremely offensive or provocative.
According to T.C.A. § 39-13-102, there are certain conditions that will result in Aggravated Assault charges. These conditions include intentionally, knowingly, or recklessly committing an assault and said assault:
Results in serious bodily injury to another;
Results in the death of another;
Involves the use or display of a deadly weapon;
Intends to cause bodily injury by strangulation or bodily injury by strangulation was attempted
In addition to simple assault and aggravated assault charges, other “crimes against persons” charges include the following:
Reckless endangerment (T.C.A. § 39-13-103) – Committing an offense when recklessly engaging in conduct that places or may place another person in imminent danger of death or serious bodily injury. Additional charges may result if the crime involved a deadly weapon or the discharging of a firearm.
Vehicular assault (T.C.A. §39-13-106) – Recklessly causing serious bodily injury to another person while operating a motor vehicle and while intoxicated. Intoxication includes the use or consumption of alcohol, drugs, or both.
Domestic assault (T.C.A. § 39-13-111) – Committing assault against a domestic abuse victim
Violation of an order of protection or restraining order (T.C.A. § 39-13-113) – Although orders of protection and restraining orders are civil matters, a violation of either may result in criminal charges.
Other offenses – Physical injury to victim (T.C.A. § 39-13-105) – In addition to the enumerated offenses above, crimes against the person shall be any violent offense that results or could have resulted in physical injury to the victim, including, but not limited to, rape, sexual battery and kidnapping.
Criminal Trespass – T.C.A § 39-14-405: entering or remaining on a property or any portion thereof, without effective consent from the owner. Criminal trespass is a Class C misdemeanor.
Aggravated Criminal Trespass – § 39-14-406: entering or remaining on a property without the owner’s effective consent and causing fear for the safety of another or damaging or destroying any barrier(s) designed to keep trespassers from entering the
property. Aggravated criminal trespass charges may range from a Class B to a Class A misdemeanor.
Vandalism – § 39-14-408: knowingly causing damage or the destruction of any personal property without the owner’s effective consent. Punishments for acts of vandalism are based on the value of the property according to the provisions for theft under T.C.A § 39-14-105 as follows:
Kidnapping (Tennessee Code Annotated § 39-13-303)
According to Tennessee Code Annotated § 39-13-303, Kidnapping is false imprisonment as defined in § 39-13-302, under circumstances exposing the other person to substantial risk of bodily injury.
Aggravated Kidnapping
According to Tennessee Code Annotated § 39-13-304, Aggravated kidnapping is false imprisonment, as defined in § 39-13-302, committed (1) to facilitate the commission of any felony or flight thereafter, (2) to interfere with the performance of any governmental or political function, (3) with the intent to inflict serious bodily injury on or to terrorize the victim or another, (4) where the victim suffers bodily injury, or (5) while the defendant is in possession of a deadly weapon or threatens the use of a deadly weapon.
Aggravated kidnapping is a Class B felony. A person charged with this felony is punishable by anywhere from eight to thirty years in prison and a fine up to $25,000 dollars
Especially Aggravated Kidnapping
According to Tennessee Annotated Code § 39-13-305, Especially aggravated kidnapping is false imprisonment, as defined in § 39-13-302, (1) accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon, (2) where the victim was under the age of thirteen at the time of the removal or confinement, (3) committed to hold the victim for
ransom or reward, or as a shield or hostage or (4) where the victim suffers serious bodily injury.
According to T.C.A. § 39-14-112, Extortion is defined as using coercion upon another person with the intent to obtain property, services, any advantage or immunity; or restrict unlawfully another’s freedom of action.
According to T.C.A. § 39-14-118, a person commits the crime of Illegal Possession or Fraudulent Use of Credit or Debit Card if he/she:
Takes, exercises control over, or otherwise uses that card or information from that card without consent from the owner or issuer; or
Uses that card, allows that card to be used, uses information from that card, or allows information from that card to be used for the purpose of obtaining property, credit, services or anything else of value with knowledge that:
The card is forged or stolen;
The card has been revoked or cancelled;
The card has expired and the person uses the card with fraudulent intent; or
For any other reason the use of the card is unauthorized by either the issuer or the person to whom the credit or debit card is issued.
Issuing a False Financial Statement is a Class B misdemeanor and is defined by T.C.A. § 39-14-120 as intending to defraud by:
Worthless Checks: T.C.A. § 39-14-121 defines this offense as knowingly or with fraudulent intent:
Issuing or passing a check or similar sight order for the payment of money, knowing that at the time of issuance or passing there are not sufficient funds for the payment in full of the check or order, or
Stopping payment on a check or similar sight order for the payment of money, if credit, goods or services were provided at the time of the issuance of the check or similar sight order.
T.C.A. § 39-14-133, False or Fraudulent Insurance Claims is defined as intentionally:
Presenting or causing a false or fraudulent claim to be presented, or presenting any proof in support of such claim, for the payment of a loss, or other benefits, upon any contract of insurance coverage, or automobile comprehensive or collision insurance, or certificate of such insurance or prepares, or
Making or subscribing to a false or fraudulent account, certificate, affidavit or proof of loss, or other documents or writing, with intent that the same may be presented or used in support of such claim.
Additional theft charges include any of the following:
T.C.A. § 39-14-138: Theft of Trade Secrets – intending to deprive or withhold from its owner the control of a trade secret or intending to appropriate a trade secret for the use of another. This includes stealing or embezzling an article representing a trade secret, or without the appropriate authority, making or causing a copy of an article representing a trade secret to be made.
T.C.A. § 39-14-106: Unauthorized Use of Automobiles and Other Vehicles ( Joyriding) – taking another’s automobile, airplane, motorcycle, bicycle, boat or other vehicle without the consent of the owner and without intending to deprive the owner thereof.
T.C.A. § 39-14-119: Reporting of Credit or Debit Card Lost, Stolen or Mislaid – reporting or attempting to report a credit or debit card as being lost, stolen, or mislaid knowing that the report is false violates.
T.C.A. § 39-14-146: Theft of Property (Conduct Involving Merchandise) – intending to deprive a merchant of the stated price of merchandise by any of the following:
Concealing the merchandise;
Removing, taking possession of, or causing the removal of merchandise;
Altering, transferring or removing any price marking, or any other marking which aids in determining value affixed to the merchandise, or
Transferring the merchandise from one (1) container to another.