Tennessee Law: Crimes Involving Weapons
Using a weapon during the commission of any kind of crime makes the potential penalty for that offense dramatically harsher. In Tennessee these offenses are described as dangerous offenses.
A dangerous offense is defined by law as one that involves the usage or threatening exhibition of a fatal weapon if there is deliberate or recognizing infliction of a significant physical injury on another individual. A dangerous instrument can be anything that is utilized or threatened to be made use of that is readily capable of triggering fatality or significant physical injury. In some circumstances, this might be even a cushion. A deadly weapon is anything created for lawful use including a firearm. Dangerousness is an additional aspect that makes a normal felony offense worse.
The reason the dangerous offenses are so major is due to the fact that dangerous offenses carry their own sentencing structure. That suggests that a person who has not previously been convicted of a felony offense, who would usually be qualified for probation in most situations, would be called for to be sentenced to a prison sentence if convicted. To put it simply, even if it is the very first time a person is involved in a crime, using a gun can lead to a jail sentence.
Dangerous offenses, like various other felony offenses, are identified depending upon the type as well as severity of the underlying felony offense committed. One of the most major dangerous offense, beyond murder, is a class to dangerous felony offense. The least serious dangerous offense is a class 6 felony, and also other offenses can fall anywhere in the middle. Each of these offenses carries with it mandatory prison sentences with the course 2 felony resulting in a much longer sentence than a class six felony. For instance, someone founded guilty of a class to dangerous felony offense would certainly be forced to spend in between 7 as well as 21 years behind bars with the presumptive or starting point being 10.5 years. In contrast, a person founded guilty of the same class 2 felony, without the dangerousness enhancement would certainly encounter a jail sentence range of 3 years to 12 years with a presumptive or starting point of five years in prison.
Dangerous felony offenses are extremely serious. They are considered to be among the worst of the worst offenses that a person could be charged with. Consequently it is incredibly crucial that you speak to a certified, experienced criminal defense attorney if you have actually been accuseded of a dangerous felony offense. Is very important to start working on these sorts of cases from the very beginning starting to minimize the prospective risks an individual faces.
If you or somebody you know has been charged with a dangerous felony offense in Chattanooga or Tennessee area, please do not be hesitate to contact McKoon, Williams, Atchley & Stanley, PLLC. Our Chattanooga criminal defense attorneys are ready to step in at any point of the criminal process, from right after your arrest or when bail is posted to your arraignment or trial. Discuss your rights with a criminal defense attorney and ensure that you receive the best possible outcome that you can in your case.