How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LegalKnowledge Your Own Question

LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 17253
Experience:  8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
9540344
Type Your Legal Question Here...
LegalKnowledge is online now
A new question is answered every 9 seconds

I am charged with retaliation for past events, a class E felony

Customer Question

I am charged with retaliation for past events, a class E felony in Tn. I made a dumb and unreasonable and meaningless threat to a rough cop during my 1st DUI offense. What plea bargains/ penalties can I expect? I can tolerate anything but jail time. What chance do I have in avoiding incarceration?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. I certainly understand the situation and concern. A Class E Felony can have a prison sentence up to six years and no less than one year in a state facility. The jury may also access a fine of no more than three thousand dollars.Of course, those are the maximum sentence and when you appear in court, you can certainly ask the State for a plea offer to resolve this. The offer will be based upon 1) the facts of your case and 2) your prior criminal history. If the only other charge you have is the DUI, there should be no reason that the State would seek any jail or prison time, unless the retaliation was severe in nature. Moreover, the prosecutor will speak with the Officer and see what he is comfortable with. In a situation like this, a probationary sentence would likely be imposed, along with a fine, court costs, possible anger management classes and maybe community service. I have also provided for your review below, the jury instructions which would be read and what the State must prove, if you wanted to proceed to trial. You should review this and determine if there is enough evidence present, to prove the charge beyond a reasonable doubt. If there is not or anything is questionable, it would be best to retain private counsel or ask to be appointed the public defender, if you have not already, so they can review the facts of the case and see if you have any legal defenses to raise and if you should fight this.

T.P.I. -- CRIM. 26.06

RETALIATION FOR PAST ACTION

Any person who commits the offense of retaliation for past action is guilty of a crime.

For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:

(1) that the defendant harmed or threatened to harm the alleged victim by

any unlawful act;

and

(2) that the alleged victim had been a [witness at an official proceeding]

[judge] [district attorney general] [assistant district attorney general] [employee of the district attorney general] [law enforcement officer] [clerk] [juror] [former juror];

and

(3) that the defendant did so in retaliation for anything the [witness] [judge] [district attorney general] [assistant district attorney general] [employee of the district attorney general] [law enforcement officer] [clerk] [juror] did in an official capacity as [witness] [judge] [district attorney general] [assistant district attorney general] [employee of the district attorney general] [law enforcement officer] [clerk] [juror];

and


(4) that the defendant acted either intentionally, knowingly or recklessly.

["Official proceeding" means any type of administrative, executive, legislative or judicial proceeding that may be conducted before a public servant authorized by law to take statements under oath.]

["Juror" means any person who is a member of a jury, including a grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury. The term "juror" also includes any person who has been summoned or whose name has been drawn to attend as a prospective juror.]

"Intentionally" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.

"Knowingly" means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result.

"Recklessly" means that a person acts recklessly with respect to circumstances surrounding the conduct, or the result of the conduct, when the person is aware of but consciously disregards XXXXX XXXXX and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 17253
Experience: 8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
LegalKnowledge and 5 other Legal Specialists are ready to help you
Expert:  LegalKnowledge replied 1 year ago.
Hi Jennifer. I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 1 year ago.

Thank you for a very thorough answer. Since this law applies to offical proceedings, would being arrested in a parking lot be included in the scope of this law?

Expert:  LegalKnowledge replied 1 year ago.
You are welcome. When you break down what is stated above and incorporate the proper parties, it does appear it would apply here. Of course, you do want to retain legal counsel and have them look over ALL the facts, to see if there are any legal defenses to raise or if this charge can be amended or avoided.

(1) that the defendant harmed or threatened to harm the alleged victim by any unlawful act

(2) that the alleged victim had been a law enforcement officer

(3) that the defendant did so in retaliation for anything the law enforcement officer ;

and


(4) that the defendant acted either intentionally, knowingly or recklessly

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
LegalKnowledge
LegalKnowledge
5860 Satisfied Customers
8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.