How Can You Defend Against a Criminal Offense in Tennessee?

Most states have requirements that prosecutors must meet before convicting a defendant for a criminal offense, and Tennessee is no different. If you face criminal charges, working with an attorney who has a rich understanding of and deep experience with Tennessee criminal law is vital if you hope to have potential penalties reduced or dropped altogether. You can develop a better understanding of how to prepare a defense by understanding all of the conditions that prosecutors must meet. With that said, it is always best to have an attorney help you pinpoint precisely how to build and present your defense to be protected by the law. 

Tennessee Criminal Law

According to Tennessee criminal law, no individual may be convicted for a criminal offense unless the following can be proven by the prosecution:

• The alleged offender’s “conduct, circumstances surrounding the conduct, or a result of the conduct” is directly related to the offense itself.

• The alleged offender’s mental state is worthy of blame.

• Any defense accompanied by admissible evidence must be negated.

• The crime was committed before a formal charge was issued.

If the prosecution cannot prove all of the conditions stated above, the accused is assumed to be innocent. On the other hand, if you are facing criminal charges, you do not have to prove your innocence to dismiss any charges. 

Tennessee criminal law has a final stipulation that no person may be convicted unless “venue is proven by a preponderance of the evidence.” This relates to the fact that defendants have a right to go to trial in the district in which they were accused of their offense. 

Defense Strategies

Since you do not have to prove your innocence to drop charges, you and your attorney have to disprove one of the requirements prosecutors must fulfill before convicting you. For example, a common defense tactic is for an attorney to argue that his or her client was not in a competent mental state and thus cannot be blamed for wilfully committing a crime. Under Tennessee law, the prosecutors must be able to disprove any argument a defendant offers. It might go without saying, but if the prosecution does not have enough proof that you committed the crime of which you are accused, you cannot be convicted.

Contact a Jacksboro, TN Criminal Defense Lawyer

Any type of criminal offense in Tennessee can carry stiff penalties if you are convicted. Do not face these charges alone; consult with an experienced and highly capable attorney to improve your chances of winning your case. The Law Office of William F. Evans will aggressively fight for charges to be dropped or reduced. To learn more about building a strong defense and to schedule a free consultation with a Campbell County criminal law attorney, call our office today at 423-449-7080.

Source:

https://casetext.com/statute/tennessee-code/title-39-criminal-offenses/chapter-11-general-provisions