Criminal Defense Attorneys in Franklin, TN
A criminal charge in Tennessee can threaten your freedom, your career, and your reputation, often all at once. Whether you have been arrested for a DUI, accused of a violent crime, or formally charged with a felony, the decisions you make in the earliest hours and days matter enormously. At Durak Divorce and Family Law, our Franklin criminal defense lawyers represent people facing criminal charges throughout Williamson County and Middle Tennessee, and we are ready to build a defense strategy designed around the specific facts of your case.
Call us at 615-544-3974 to schedule a free consultation and speak directly with our criminal defense attorneys about your situation.
What Not to Do Following an Arrest
The moments after an arrest are critical. What you say and do before speaking with a criminal defense lawyer can directly affect the outcome of your case.
Durak Divorce and Family Law provides criminal defense services for all kinds of criminal charges at the state level. If you’re facing an arrest, don’t:
- Do Not Answer Investigative Questions Without Legal Advice: Clearly invoke your right to remain silent and ask to speak with an attorney. Do not assume that explanations to law enforcement will protect you from prosecution.
- Do Not Flee: Fleeing from law enforcement can lead to additional legal consequences, depending on the circumstances.
- Do Not Physically Resist: Avoid physical resistance and follow lawful instructions. If you believe an arrest is unlawful, raise that issue through your attorney rather than attempting to resolve it through physical resistance.
Whether you’ve been charged with theft or homicide, you can trust our attorneys to fight for your rights as if their own were on the line.
Criminal Charges We Defend in Franklin
Our criminal defense team handles a broad range of state-level charges, from misdemeanors to serious felonies, across Williamson County and the greater Franklin area.
Our attorneys handle criminal defense across the following charge categories:
- Felonies: Tennessee classifies felony offenses from Class A (the most serious, carrying 15 to 60 years) down to Class E. A felony conviction can have lasting consequences for your criminal record and civil rights, including voting eligibility and firearm possession. The specific consequences depend on the offense, the applicable law, and whether restoration or other relief is available.
- Misdemeanors: Even a Class A misdemeanor carries up to 11 months and 29 days in jail and a fine of up to $2,500. Misdemeanor convictions still appear on background checks and can affect employment and housing.
- Assault & Battery: These charges range from simple assault (a Class A misdemeanor) to aggravated assault (a Class C or D felony), depending on the presence of a weapon, the severity of injury, and the identity of the alleged victim.
- Domestic Violence: A domestic assault conviction in Tennessee can carry enhanced penalties for repeat offenses. A qualifying misdemeanor crime of domestic violence can also trigger federal firearm restrictions under 18 U.S.C. § 922(g)(9), subject to the applicable statutory requirements and exceptions.
- Sex Crimes: Convictions can result in mandatory sex offender registration, which carries lasting consequences for where you can live and work.
- Drug Crimes: Tennessee drug-related charges range from simple possession to trafficking, with penalties escalating based on the type and quantity of the controlled substance.
- Theft Crimes: The charge classification generally depends on the value and type of property or services involved. Under Tennessee law, theft involving property or services valued at $1,000 or less is generally a Class A misdemeanor, while theft involving a value greater than $1,000 but less than $2,500 is generally a Class E felony. Higher values can result in more serious felony classifications, and special rules apply to certain property, including firearms.
- Weapon Charges: Unlawful possession or use of a firearm can result in separate criminal charges, enhanced penalties, or mandatory minimum sentences when the applicable statute provides for them. The consequences depend on the offense, the circumstances, and the defendant’s criminal history.
- DUI: A first-offense DUI in Tennessee is a Class A misdemeanor, but penalties increase sharply with prior convictions, elevated BAC levels, or the presence of a minor in the vehicle.
- White Collar Crimes: Fraud, embezzlement, identity theft, and similar offenses are prosecuted aggressively and can result in significant prison time and financial penalties.
How Tennessee Classifies Felonies and Misdemeanors
Tennessee divides criminal offenses into misdemeanors (Classes A, B, and C) and felonies (Classes A through E), with the classification driving both the potential sentence and the long-term impact on your criminal record.
Understanding where your charge falls in Tennessee’s classification system is essential for evaluating your exposure. Here is how the tiers generally break down:
- Class A Misdemeanor: Up to 11 months and 29 days in jail and a fine of up to $2,500, unless otherwise provided by law. Examples can include simple assault, first-offense DUI, and theft of property or services valued at $1,000 or less, subject to the elements and specific circumstances of the offense.
- Class B Misdemeanor: Up to 6 months in jail; fines up to $500. Examples include disorderly conduct and certain traffic offenses.
- Class C Misdemeanor: Up to 30 days in jail; fines up to $50. The least serious misdemeanor category.
- Class E Felony: The authorized term of imprisonment is generally 1 to 6 years, with a fine of up to $3,000 unless otherwise provided by law. Examples may include theft involving property or services valued above $1,000 but below $2,500 and certain drug offenses.
- Class C Felony: The authorized term of imprisonment is generally 3 to 15 years, with a fine of up to $10,000 unless otherwise provided by law. Certain aggravated assault and robbery offenses may fall within this classification, depending on the statutory provisions and circumstances.
- Class A Felony: The authorized term of imprisonment is generally 15 to 60 years, with a fine of up to $50,000 unless otherwise provided by law. First-degree murder is one example of an offense classified as a Class A felony.
The specific facts of your case, including your prior record, whether a weapon was involved, the identity of the alleged victim, and other aggravating or mitigating factors, all influence where a charge lands and what sentence is actually likely.
How We Protect Your Rights
Our Franklin criminal defense attorneys build a defense strategy tailored to your specific case, from the first investigation through trial if necessary.
At Durak Divorce and Family Law, our approach to criminal defense is methodical and thorough:
- Thorough Investigation: We meticulously examine the evidence, interview witnesses, and explore all legal defenses available to you.
- Expert Analysis: We consult with experts when necessary to challenge the prosecution’s arguments and strengthen your defense.
- Negotiation: We aggressively negotiate with the prosecution to achieve the best possible outcome, including having charges reduced or the case dismissed where the facts support it.
- Trial Preparation: If your case proceeds to court, our criminal defense team prepares for trial advocacy with the same intensity as any other stage of the legal process, leaving no stone unturned.
- Post-Conviction Relief: We continue to fight for your rights even after a conviction, exploring options for appeals or post-conviction relief.
Potential Penalties for a Criminal Conviction
A criminal conviction in Tennessee carries penalties that extend well beyond jail time, including lasting damage to your criminal record, employment prospects, and civil rights.
A criminal conviction can have far-reaching consequences that extend beyond the initial punishment imposed by the court. Potential penalties include:
- Jail or prison time: The length of your sentence will depend on the severity of the crime and your prior history.
- Fines: Financial penalties may be imposed by the court in addition to any restitution owed.
- Probation: A period of supervised release with conditions to follow; violations can result in incarceration.
- Restitution: Repayment to the victim for financial losses caused by the offense.
- Loss of voting rights: A felony conviction in Tennessee can result in the loss of voting rights, though restoration is possible in certain circumstances.
- Loss of driving privileges: Suspension or revocation of your driver’s license, particularly for DUI and certain drug convictions.
- Loss of professional licenses: Certain convictions can result in the loss of occupational licenses. If you hold a professional license, a conviction may trigger a separate licensing board proceeding.
- Community service: Courts may require unpaid community work as a condition of sentencing or probation.
- Criminal Record: A criminal record can affect future employment, housing, professional licensing, and other opportunities for years. Whether a record can be expunged or otherwise restricted depends on the offense, the outcome of the case, and applicable law.
A criminal record can affect background checks, child custody proceedings, and immigration status, depending on the nature of the offense and the circumstances. These potential consequences may continue long after a criminal case has concluded. Our blog post on the consequences of a criminal record outlines many of these downstream effects in detail.
Frequently Asked Questions About Criminal Defense in Franklin, TN
Protect Your Future: Contact Our Franklin Criminal Defense Lawyers
A criminal charge does not make you guilty. Under Tennessee law, you are presumed innocent until proven guilty in court, and the prosecution bears the burden of proving every element of the offense beyond a reasonable doubt. What happens between your arrest and the resolution of your case depends in large part on the quality of your legal representation.
Durak Divorce and Family Law is committed to providing aggressive, personalized criminal defense to people in Franklin, Williamson County, and throughout Middle Tennessee. Our criminal defense attorneys will work diligently to protect your rights, challenge the evidence against you, and pursue the most favorable outcome possible.
Call us at 615-544-3974 or contact us online to schedule your free consultation today. The sooner you have a criminal defense lawyer in your corner, the stronger your defense can be.
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