Defense Against Identity Theft Charges

In the state of Tennessee, the charge of identity theft will require an aggressive legal representative to provide strong defense for the individual who is charged.

Identity theft involves the theft of another person’s information without his or her permission to personally benefit for an illegal reason. Anyone who is charged with the crime of identity theft will face a Class D felony offense.

Take immediate action and contact Davis & Hoss, PC to find out what defense options you have available. If you are faced with the identity theft charges, you can place your trust in the aggressive representation that we offer. The government has accused you of knowingly taking another person’s information without consent and having the intention of using it to commit an illegal act. For that reason, you must engage every resource that you have available to defend your case.

What actions are classified as “identity theft?”

Identity theft trafficking is a form of identity theft that carries stricter penalties and involves any of the following actions taken with another’s personal identification information:

• Sell
• Transfer
• Giving
• Loan
• Trade
• Delivery

Another related crime is that of criminal impersonation. It is a crime to impersonate someone with the intention of defrauding that individual. Use of a false identification to obtain goods, services, or privileges that the individual is not otherwise entitled to have is a crime. 

Felonies in the State of Tennessee

TN Felonies

In Tennessee, if you received a sentence of 11 months, 29 days, you have received a misdemeanor sentence. Anything more than this is a felony and is typically phrased as a sentence in a number of years. Therefore, a one-year sentence or more is considered a TN felony.

Different states have different definitions for what constitutes a felony. Typically, the standard line of demarcation is 12 months. You can read more about felonies in the state of Tennessee in T.C.A. §§ 40-20-112 and 114.

By comparison, the state of Georgia is different in how it defines felonies. In Georgia, according to OCGA § 16-1-3(5), a felony is any sentence that is more than 12 months in length. If you were sentenced to a 12 month sentence in the state of Georgia, then you were convicted of a misdemeanor.

If you are convicted of a felony, you are automatically rendered “infamous” and deprived of certain rights of citizenship such as the right to vote, own a gun, and hold public office. A felony conviction could also affect your immigration status and cause you to be deported. If you were an elected official and committed a crime in your official capacity, you “shall be forever disqualified” from seeking or holding public office ever again.

Call Our Chattanooga Criminal Defense Lawyers for Quality Representation

If you have been accused of a crime in the state of Tennessee, it is important that you act quickly to consult a Chattanooga criminal defense attorney who can help you assess your situation. Your attorney can find out what criminal offense you have been charged with and what the punishment that you face could be. At Davis & Hoss, PC we frequently meet with potential clients who are unaware that they have been charged with a felony and of the possible sentence they face. Don’t guess.

Sex Crimes in Tennessee

Chattanooga Sex Crime Lawyer Defends Against Felony Charges

At Davis & Hoss, PC, many of our recent cases have included probation for a charge of sexual exploitation in criminal court. In Tennessee, there are many different types of sex offenses that an individual can be charged with, and the penalties can be extremely severe — including being listed in a state sex offender registry. Many of these sex offenses can be aggravated by certain factors such as the age of the victim or whether the suspect is an authority figure. No matter what the charges you face may be, hiring a Chattanooga criminal defense lawyer with sufficient experience and legal capability is absolutely crucial if you wish to avoid the serious repercussions of a sex crime conviction.

Rape and Statutory Rape

Rape is defined as the unlawful sexual penetration of a victim by the defendant. The sexual act is considered unlawful if it is accompanied by force or coercion; lack of consent; if the defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless; or if the penetration is accomplished by fraud. Rape is considered a Class B felony in the state of Tennessee and could carry fines up to $25,000 and between eight and 30 years in state prison.

Is it Illegal to Kiss a Minor in Tennessee?

In Tennessee, it can be illegal to kiss a minor. In Tennessee, sexual contact by an authority figure is unlawful sexual contact with a minor between the ages of thirteen and eighteen, when the defendant is four years older than the victim, and the defendant acts as an authority figure to the victim. Because of this law, authority figures can not have sexual relations with minors.

Statutory rape is defined in three separate ways:

• Mitigated statutory rape is the unlawful sexual penetration of a victim who is at least 15 but less than 18 by an individual who is at least four but not more than five years older.
• Statutory rape is the unlawful sexual penetration of a victim who is at least 13 but less than 15 by an individual who is at least four but less than 10 years older.
• Finally, aggravated statutory rape is the unlawful sexual penetration of a victim who is at least 13 but less than 18 by an individual who is at least 10 years older.

Mitigated and statutory rape are Class E felonies while aggravated statutory rape is a Class D felony.

Sexual Battery

Sexual battery is defined as “unlawful sexual contact” accompanied by force or coercion; lack of consent; if the defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or if the penetration is accomplished by fraud. It is considered Class E felony. Conviction could lead to fines up to $3,000 and between one to six years in state prison.

Indecent Exposure

Indecent exposure can be charged if a person in a public place and knowingly or intentionally, “(i) engages in sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions or other ultimate sex acts; (ii) appears in a state of nudity; or (iii) fondles the genitals of the person, or another person.” A first offense is a Class B misdemeanor.

Serious Representation for Sex Crime Cases in Tennessee

The proven Chattanooga sex crime attorneys at Davis & Hoss, PC have represented many individuals charged with sex crimes ranging from one extreme to the other. These are often delicate factual scenarios that require composure, steady investigation, and thorough knowledge of how to try these particular types of cases. If you have been charged with any of these offenses, you want a lawyer who the prosecutor knows can try a case. Attorneys Lee Davis and Bryan Hoss have successfully defended dozens of individuals charged with very serious sex offenses.

Motor Vehicle Crimes in Chattanooga

Criminal Defense Firm Serving Southeast Tennessee For more than 35 years

Whether you are 16 years old, drive a commercial 18-wheeler, or were simply driving way too fast for conditions, Davis & Hoss, PC is prepared to defend you from whatever traffic-related charges you may face. Our lawyers are thoroughly familiar with what is commonly referred to in Tennessee as the “rules of the road” — the laws associated with operating a motor vehicle. Do you need to signal when passing? Do you have to turn on your blinker? Are your vehicle’s windows too tinted? The police often use these and other laws to their advantage and your detriment.

You need a Chattanooga criminal defense attorney with experience in this area of law to prevent those abuses.

Motor Vehicles as Deadly Weapons

Additionally, according to Tennessee state law there are dozens of criminal offenses that involve motor vehicles. Motor vehicles are frequently referred to by prosecutors as “deadly weapons” in these types of cases and can enhance other criminal offenses you have been charged with, increasing your potential range of punishment. Don’t let trumped-up charges destroy your future. Hire a criminal defense lawyer with a broad range of experience and notable record of success.

Schedule Your Free Case Evaluation with Our Chattanooga Criminal Defense Lawyers

Contact Davis & Hoss, PC today if you have been charged with any offense involving a motor vehicle. We have the skill and knowledge you need to protect your reputation in a Tennessee court. With more than 35 Years of Experience between our attorneys Lee Davis and Bryan Hoss, our Chattanooga criminal defense firm is more than prepared to take on your case.

We have tried almost 200 cases in various jurisdictions around the country, and appear in court on a weekly basis in order to defend our clients from a broad range of federal and state charges. Most firms cannot offer this level of trial experience.