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: 28371
Experience:  10+ 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

This answer was rated:

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?
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 and 5 other Legal Specialists are ready to help you
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 4 years 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?

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