A client was recently acquitted of simple assault in the Circuit Criminal Court of Nashville, Tennessee. Unfortunately, the case should have been dismissed in the General Sessions Court in Nashville. However, our client had a different attorney representing them in General Sessions. This attorney was unaware of a critical law that explains when a police officer can arrest someone for a misdemeanor offense. In this case, the police officer saw the alleged assault on video.
What is the legal issue?
When defending misdemeanor cases in Tennessee, the first analysis required for defense attorneys is to ask, “did the criminal offense occur in the officer’s presence?” T.C.A. § 40-2-103 requires that the criminal offense occurred in the officer’s presence. This includes cases such as misdemeanor theft, some assaults, vandalism, etc.
If you have been accused of a misdemeanor in Nashville, give the criminal defense attorneys at May McKinney a call at (615) 265-6383 today and schedule your free consultation!