Local attorneys Stan Bennett, Rachelle Peebles, and Judge Don Ash recently conducted a legal ethics presentation to the Andrew Jackson American Inn of Court.  American Inns of Court are designed to improve the skills, professionalism and ethics of the bench and bar, and are an amalgam of local judges and lawyers.  The group meets once a month to “break bread” and to hold programs and discussions on matters of ethics, skills, and professionalism.

Thomas Parkerson was recently selected Treasurer for the Rutherford and Cannon County Bar Association.  Each year the Bar Association officers nominate a prominent attorney for the position, who is in turn confirmed by the general bar.   Parkerson will serve as a treasurer for one year and a bar officer for the next four years.

The Law Office of Stan Bennett has associated with two local attorneys to form Bennett, Parkerson and Bray. Parkerson joins from the Rutherford County District Attorney’s Office while Bray joins from the Law Office of Rick G. Mansfield. Bennett handles Injury, Criminal Defense, Business, and Civil Litigation matters. Parkerson concentrates on Criminal Defense and Civil Litigation cases, and Bray primarily handles Divorce, Family Law, and Criminal matters. Their offices are at 108 North Church Street, on the Murfreesboro Public Square.

Many are unaware that under Tennessee statutes Assault and Domestic Assault are separate criminal offenses, and that each has its own different and important implications.   Assault (sometimes called simple assault) is governed by Tenn. Code Ann. § 39-13-101, and is categorized into three separate actions: (1) intentionally, knowingly, or recklessly causing physical injury to another; (2) intentionally or knowingly causing another to be fearful of physical injury; and (3) intentionally or knowingly causing contact with another that would be considered extremely offensive or provocative.

However, Domestic Assault is an entirely different charge governed by Tenn. Code Ann. § 39-13-111.  Although Domestic Assault involves all of the same acts as Assault (above), the acts can classified a Domestic Assault when they occur between persons in specific relationships such as spouses, former spouses, persons living together, persons who are dating, sexual partners, and blood relatives.

Domestic Assault is a Class A misdemeanor, which is punishable by up to 11 months 29 days in jail, and a fine of up to $2,500.  Domestic Assault may also become aggravated domestic assault, a felony,  under certain circumstances such as when there is serious bodily harm or a weapon is used.

Make no mistake, the state takes domestic violence very seriously and the district attorneys in this jurisdiction vigorously prosecute domestic assault cases.  Domestic assault charges are also often a component of civil family law issues, which can create an even more difficult case to properly defend.  If you have been charged with domestic assault, you need an immediate free consultation with an experienced defense attorneys at the Law Offices of Benett, Parkerson & Bray.

Tennessee has two types of divorces.  An uncontested divorce normally based on irreconcilable differences, and a contested divorce, which requires proof of grounds.
An irreconcilable differences divorce requires that the parties agree to be divorced, and that they execute a written Marital Dissolution Agreement that makes a fair and equitable division of property and debt.  If there are minor children of the marriage, the parties must also agree upon and execute a Parenting Plan, which adequately provides for, and is in the best interest of, the minor children.  The parties must also submit a child support worksheet based on an income shares model, which sets the amount of child support in accordance with the Tennessee Child Support Guidelines.  General procedures governing irreconcilable differences divorce can be found in in Tenn. Code Ann. § 36-4-103.
A contested divorce is essentially a case in which the parties cannot agree on some point concerning any aspect of property division, alimony, custody, child support, etc.  The grounds for a contested divorce are set forth in Tenn. Code Ann. § 36-4-101 as follows:

1. Adultery
2. Habitual drunkenness or abuse of narcotic drugs that has worsened since the marriage
3. Living separately and apart for two (2) years with no minor children
4. Willful or malicious desertion for one (1) full year without a reasonable cause
5. Conviction of a felony and sentencing to the penitentiary or conviction of an infamous crime
6. Pregnancy of the wife by another before the marriage without the husband’s knowledge
7. Willful refusal to move to Tennessee with your spouse and living apart for two (2) years
8. Malicious attempt upon the life of the other
9. Lack of reconciliation for two (2) years after the entry of a decree of separate maintenance
10. Impotency and sterility
11. Bigamy
12. Cruel and inhuman treatment (also be referred to as “inappropriate marital conduct”)
13. Indignities offered by one spouse to the other
14. Abandonment of the wife in which the husband refuses or neglects to provide for her

There are also statutory defenses to grounds for divorce, which may affect a party whether they are seeking the divorce or being divorced.

At the Law Offices of Bennett, Parkerson, & Bray we do not encourage divorce, but we understand that divorce is a fact of life that a significant number of families must face.  If you have decided to file a divorce, or if have been sued for divorce, let our experienced, compassionate attorneys and staff at the Law Offices of Bennett, Parkerson, & Bray provide you with the the legal protections and moral support that you deserve.  Call us for a free consultation today.

In Tennessee the criminal offense of assault encompasses the commonly known separate offenses of “assault” and “battery” under laws of other states.  In this jurisdiction, Assault is governed by Tenn. Code Ann. § 39-13-101, and occurs when a person: (1) intentionally, knowingly, or recklessly causes physical injury to another; (2) intentionally or knowingly causes another to be fearful of physical injury; and (3) intentionally or knowingly causes contact with another that would be considered extremely offensive or provocative.  Assault is a Class A Misdemeanor, which is punishable by up to 11 months 29 days in jail, and a fine of up to $2,500.   If the Assault involves an offensive or provocative contact instead of a physical injury, it can be charged as a Class B misdemeanor, punishable by up to six months in jail and a fine of up to $500.

However, in certain situations an Assault may become an Aggravated Assault, which is a much more serious offense.  Under Tenn. Code Ann. § 39-13-102, a  person commits Aggravated Assault when he or she (1) intentionally or knowingly, or (2) recklessly commits an Assault as defined in Tenn. Code Ann. § 39-13-101 (above) that either causes serious bodily injury or involves the use or display of a deadly weapon.  In Tennessee, Aggravated Assault is a felony offense.  An Aggravated Assault proved to be committed intentionally or knowingly is a Class C Felony.  An Aggravated Assault proved to be committed recklessly is a Class D Felony.

Assaultive offenses are among the most charged in the Murfreesboro area.  If you have been charged with Assault of any type you need an experienced defense attorney at the Law Offices of Bennett, Parkerson, & Bray on your side to protect your rights and to mount the best possible defense for you.  Call for a free consultation today.

In general, Tennessee has a consolidated approach to Theft offenses.  Although there are still many minor Theft offenses, the basic offenses fall under the generic offense of “Theft,” which replaces the former offenses of larceny, embezzlement, receiving or concealing stolen property, false pretenses, and fraudulent conversion.

“Theft” is governed by Tennessee Code Annotated Section 39-14-103, and occurs when a person knowingly obtains or exercises control over property without the owner’s effective consent, and with the intent to deprive the owner of the property.

Theft punishments are based on the value of the property.  Theft of property valued at under $500 is a class A misdemeanor, punishable by 11 months and 29 days incarceration and a fine of up to $2500.  Theft of property valued at more than $500 is a felony in Tennessee.

If you have been accused of a theft crime you need experienced legal counsel.  You have rights that need to be protected and you may have legal defenses that you may not be aware of.  Contact the Law Offices of Bennett, Parkerson, & Bray for a free consultation today.

Annulment is a means of terminating a marriage that was defective from the beginning. Impediments to a valid marriage, depending on their nature, may make the marriage either void or voidable. Annulment is available in Tennessee for marriages that are merely voidable as well as those that are absolutely void.

A void marriage is an utter nullity, and cannot be validated by continued cohabitation after removal of the impediment. Void marriages include bigamous marriages, same-sex marriages, marriages within the prohibited degrees of kinship, and marriages to parties who have been adjudicated insane.

A voidable marriage is one affected by any event or condition that impairs the reality of the consent to the marriage contract, such as a party being under age or insane.  Voidable marriages are treated as valid until they are annulled by a direct proceeding commenced by or on behalf of one of the parties.

Traditional grounds for annulment of a voidable marriage include impotency, mental disability, nonage, fraud, mistake, or pregnancy of a wife by another man at the time of the marriage without the husband’s knowledge.

After a decree of annulment, the marriage is considered to have been void from the beginning for most purposes. The status of children is not affected by annulment or by any defect in the marriage. The court will attempt to return the parties to their pre-marriage position with respect to marital property. The court cannot award alimony in the case of an annulment, but can order child support.

If you have questions about an Annulment  or Divorce, contact an experienced attorney at the Law Offices of  Bennett, Parkerson, & Bray for a free consultation today.

“Accomplice” is often thrown around in crime dramas or by the media, but the legal term is often misunderstood.  Under Tennessee law, there are four main types of accomplices:

1. Party to a crime;
2. Criminal facilitation;
3. Accessory after the fact, and;
4. Corporations.

A person is criminally responsible as a party to a crime if the crime resulted from either their own conduct or by someone for whom they are criminally responsible.  For a person to be responsible for the conduct of another, that person must be mentally competent for the commission of the crime and cause or aid the actor to engage in the crime, actually assist with the crime, or fail to prevent the actor from committing the crime.

Criminal facilitation occurs when someone substantially assists with a crime. This can occur when, for example, when  someone knowingly supplies an actor with the tools necessary to commit a crime.

To be an accessory after the fact, an individual needs to have had knowledge that another person has committed a crime and must have hidden or aided that criminal, or warned them of apprehension or discovery.

Finally, corporations may be criminally responsible if their conduct demonstrates an intentional failure to discharge a duty that the law places on corporations.  Specifically, the conduct must have been authorized, ordered, or knowingly tolerated by the board of directors or a manager, or the criminal conduct was by someone acting on behalf of the corporation.

If you have been accused as an accomplice to a crime, you need to know that your rights are fully protected. Contact an experienced criminal defense attorney at Bennett, Parkerson, and Bray for a free consultation today.

In the state of Tennessee, paternity issues are settled in our courts by a parentage action. A parentage action begins with the filing of a petition must in either circuit, chancery, or juvenile court by one of several individuals to include:

1. the child (through a guardian or next friend);
2. the child’s mother or guardian;
3. the father, or;
4. the Tennessee Department of Human Services.

A petition can be filed before the child’s birth and up to three years after the child’s age of majority.

If the father or someone on his behalf has filed a notice of intent to claim paternity before or within 30 days of birth, they are entered into the Department of Children’s Services’ registry for putative fathers. Anyone on this registry has 30 days to file a petition for parentage or intervene in any proceedings.

After establishing parentage, the court will issue an order containing biographical information of the presumed (“putative”) father, mother, and child (e.g. names, addresses, Social Security numbers, etc.). The court may also include their determination of the child’s name on the birth certificate, any custody issues and/or visitation rights, child support, liability for pregnancy expenses, and attorneys’ fees.

Although unwed fathers have a constitutionally protected “right to parent,” the right is not established by biological link alone. The father must take proactive steps in the courts to accept parental responsibilities for the child.

Paternity issues are often complicated and driven by the specific facts of the individual case. If you need help to establish or settle paternity issues, contact Bennett, Parkerson, and Bray today.  A consultation with an experienced attorney is free.