Practice Areas

Aggravated rape

Aggravated rape is unlawful sexual penetration of a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:

• Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
• The defendant causes bodily injury to the victim;
• The defendant is aided or abetted by one (1) or more other persons; and
  • Force or coercion is used to accomplish the act; or
  • The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helples

Rape

Rape is unlawful sexual penetration of a victim by the defendant or of the defendant by a victim accompanied by any of the following circumstances:

• Force or coercion is used to accomplish the act;
• The sexual penetration is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the penetration that the victim did not consent;
• The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or The sexual penetration is accomplished by fraud.

Aggravated sexual battery

Aggravated sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:

• Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
• The defendant causes bodily injury to the victim;
• The defendant is aided or abetted by one (1) or more other persons; and
  • (A) Force or coercion is used to accomplish the act; or
  • (B) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
• The victim is less than thirteen (13) years of age.

Sexual battery

Sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:

• Force or coercion is used to accomplish the act;
• The sexual contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent;
• The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
• The sexual contact is accomplished by fraud.

Statutory Rape

Statutory rape is sexual penetration of a victim by the defendant or of the defendant by the victim when the victim is at least thirteen (13) but less than eighteen (18) years of age and the defendant is at least four (4) years older than the victim.

Spousal Rape

Spousal rape means the unlawful sexual penetration of one spouse by the other where:

• The defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon;
• The defendant causes serious bodily injury to the victim; or
• The spouses are living apart and one (1) of them has filed for separate maintenance or divorce.

Spousal Sexual Battery

Spousal sexual battery means the unlawful sexual contact by one spouse of another where:

• The defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon;
• The defendant causes serious bodily injury to the victim; or
• The spouses are living apart and one (1) of them has filed for separate maintenance or divorce.

Rape of a Child

Rape of a child is the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if such victim is less than thirteen (13) years of age.

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Assault

A person commits assault who:

• Intentionally, knowingly or recklessly causes bodily injury to another;
• Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
• Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.

Aggravated Assault

A person commits aggravated assault who:

• Intentionally or knowingly commits an assault as defined in § 39-13-101 and:
  • Causes serious bodily injury to another; or
  • Uses or displays a deadly weapon; or
• Recklessly commits an assault and:
  • Causes serious bodily injury to another; or
  • Uses or displays a deadly weapon.

Reckless endangerment

A person commits an offense who recklessly engages in conduct which places or may place another person in imminent danger of death or serious bodily injury.

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Robbery

Robbery is the intentional or knowing theft of property from the person of another by violence or putting the person in fear.

Aggravated Robbery

Aggravated robbery is robbery:

• Accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon; or
• Where the victim suffers serious bodily injury.

Especially Aggravated Robbery

Especially aggravated robbery is robbery as defined in § 39-13-401:

• Accomplished with a deadly weapon; and
• Where the victim suffers serious bodily injury.

Carjacking

Carjacking is the intentional or knowing taking of a motor vehicle from the possession of another by use of:

• A deadly weapon; or
• Force or intimidation.

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