Blog Layout

What is Criminal Mischief in Tennessee?

Fizeradmin • Sep 11, 2019

In the Volunteer State, there is no first-degree criminal mischief offense. Instead, the phrase “criminal mischief” usually refers to one of three nuisance offenses: disorderly conduct, criminal trespass, or vandalism.

These offenses are typically Class C misdemeanors, which is the lowest level criminal offense in Tennessee. Probably for that reason, many people do not think these infractions are very serious. In fact, they often overlook potential consequences and do not even work with Fizer Bonding Company (bail bonds clarksville tn) to get out of jail. Instead, they plead guilty after serving a couple of days. The judge typically sentences them to time served, the sheriff releases them, and they think that’s the end of the matter.

But these offenses have some substantial collateral consequences. Potential employers often refuse to hire people who have property crime convictions. Additionally, a conviction could affect eligibility for student aid, as well as college admission or even enlistment in the military or its various offerings.

Fortunately, there are a number of possible defenses when you work with an attorney to these three crimes. However, if the defendant is in jail before trial, it’s much harder to present these defenses in court from behind bars. 

Disorderly Conduct

Section 39-17-305 of the Tennessee Code is basically a catch-all provision which encompasses a wide range of behavior that does not threaten public safety but often displeases police officers. It is a Class C misdemeanor to:

  • Fight in Public : The fight could occur in a private place, like a bar or a front yard of a house party, as long as other people could see it. The statute also prohibits “threatening” behavior. That could include holding a writing pen up to some while you verbally yell at them.
  • Refuse to Obey a Command to Disperse : This point is an interesting one which bears closer scrutiny. When police officers arrive on the scene, many people turn on their cell phone cameras. Many Appeals Court circuits have ruled that people have a fundamental right to do so under the First Amendment, but the Sixth Circuit (Tennessee, Kentucky, Ohio and Michigan) has not done so. Therefore, if a Montgomery County peace officer tells you to turn off your cell phone camera and you do not do so, you could be charged with disorderly conduct and the charges could hold up in court. So think twice in these states when you are tempted to record and upload on Facebook. 
  • Create a Hazardous Condition : Tennessee does not have a separate “drunk and disorderly” law or a first-degree criminal mischief law, but it does have this portion of the disorderly conduct law. But it is not a crime to be loud and obnoxious. It is only a crime to be so loud and obnoxious that you annoy other people. 

Clearly, this offense is very complex. The fighting-in-public portion of the law, along with the drunk-and-disorderly portion, usually require a civilian witness in court. Typically, by the time officers arrive, the fight is over. So, the prosecutor must produce a witness who saw the fight. The same is true of drunk-and-disorderly. A witness must testify that the defendant was so loud and obnoxious that s/he could not enjoy his/her appetizer at Chili’s or coffee at Starbucks. 

Civilian witness cases give the defendant an advantage in court. After a few months or even a few weeks, many people lose interest in the case and refuse to cooperate with prosecutors. In some cases, the state could subpoena the witness, but most prosecutors find it tedious and time-consuming.

Even if the witness comes to court, the witness may be legally incompetent to testify. For example, in many cases, so much time has passed that the witness has no independent recollection of the event. It can be hard to remember details of a 10-minute event just from memory recall. 

As for the filming-the-police item, a defendant could probably appeal a conviction all the way to the Supreme Court. There is currently a split in the circuits. The neighboring Eighth Circuit recently became the first appeals court to rule that people do not have a fundamental First Amendment right to film officers as they carry out their official duties. There is much debate on this subject as more and more officers are wearing body cameras and video surveillance is more accessible than ever. 

Criminal Trespass

Most states have criminal trespass laws similar to Tennessee Code 39-14-405. The Volunteer State’s criminal mischief law breaks trespassing down into three scenarios:

  • Ordinary trespass, which is a CLass C misdemeanor, is essentially being where you are not wanted.
  • Aggravated trespass, a Class B misdemeanor, is making another person afraid when you are where you are not wanted.
  • Aggravated trespass is a Class A misdemeanor if it occurs in a prohibited place, like a school or hospital.

Nearly all criminal trespass cases are ordinary trespass matters. These arrests are only valid if the owner warned the defendant. This warning could be a verbal warning, or it could be a “no trespassing” sign.

These signs are often overly polite. For example, a restaurant may post a sign which says something like “Please finish your meal within 30 minutes.” A person with limited English proficiency or reading skills may not understand that the sign is a criminal trespass warning. 

Vandalism

The final “first-degree criminal mischief” law in Robertson County is Tennessee Code 39-14-408. This law basically prohibits non-taking thefts. It is illegal to:

  • Pollute, destroy, or contaminate someone else’s property,
  • Tamper with property in a way that affects its value or substantially inconveniences the owner,
  • Intentionally spray or spill something onto merchandise to deface it, or
  • Destroy or decrease the value of store merchandise.

The penalty depends on the value of the merchandise or property. 39-14-408 offenses have much stiffer penalties than the other criminal mischief statutes. If the property is worth up to $500, vandalism is a Class A misdemeanor. Property worth $500 to $1,000 is a Class E felony.

These cases do come up in court and unless the police department loses the physical evidence or the complaining witness refuses to cooperate in any way, a defense will be necessary. But a positive outcome is still very possible. Typically, if the defendant makes restitution, pretrial diversion is available in misdemeanor vandalism cases. If the defendant jumps through a few hoops, such as completing a community service requirement, prosecutors may dismiss or lessen the charges.

Again, early jail release is often critical to a successful outcome. So, if you were arrested for any crime, remember just pleading guilty to get it over with could greatly affect you for the rest of your life. Instead, call Fizer Bonding Company (bail bonds clarksville tn) to find out more about pre-trial release on bail. Their professional bonding agents are available 24/7 with valuable information and bail bond services to Get Your Tail Outta Jail ! Fizer Bonding Company is family-owned and served the bonding needs of Montgomery and Robertson Counties for over 40 years. Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents . For more info about Fizer Bonding Company bail bonds, click here .

“We’ll get your tail outta jail!”

Fizer Bonding Company in Montgomery County Tennessee

(931) 449-9351

Fizer Bonding Company in Robertson County Tennessee

(615) 667-1109

**Disclaimer**

Please be advised that neither www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

High Police Turnover is Affecting Criminal Cases

By Amanda Chotes • 14 Aug, 2022
Fizer Bonding Company helps dozens of people every week get out of jail quickly and affordably in Montgomery and Robertson counties. They also keep their eyes on what is going on nationwide affecting people as they defend themselves in the legal system. Quick and easy bail release is a critical component to a person being […] The post High Police Turnover is Affecting Criminal Cases appeared first on Fizer Bail Bonds.

Pretrial Release in DUI Cases: A Complete Guide

By Amanda Chotes • 23 Jul, 2022
In the late 1980s, officials at all levels of government launched a campaign to take “drunk drivers” off the road throughout the US and Montgomery and Robertson, Tennessee counties. DUI checkpoints and a lower BAC level were two main linchpins of this campaign. From one perspective, this campaign failed. The percentage of alcohol-related crashes is […] The post Pretrial Release in DUI Cases: A Complete Guide appeared first on Fizer Bail Bonds.

July is the New January

By Amanda Chotes • 18 Jul, 2022
So far, it’s been a busy year for Fizer Bonding Company in Roberston and Montgomery county Tennessee. Although Covid-19 illness is still with us, the world wide pandemic shut down is behind us.  Inflation is raging, the Supreme Court overturned Roe vs. Wade, and Khloe Kardashian turned 38 years old (for those who are counting). […] The post July is the New January appeared first on Fizer Bail Bonds.

Beyond a Reasonable Doubt: What Does It Really Mean?

By Fizeradmin • 24 Jun, 2022
You just asked a mouthful. The official dictionary definition of reasonable doubt in Tennessee, and we aren’t kidding about this, is “the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.” Wow, this is a very powerful definition statement, that just begs for Fizer Bonding Company, “getting […] The post Beyond a Reasonable Doubt: What Does It Really Mean? appeared first on Fizer Bail Bonds.

Supreme Court Forces TBI to Follow Expungement Order

By Amanda Chotes • 20 Jun, 2022
We all know the importance of getting out of jail quickly when the handcuffs go on. The Fizer Bonding Company family owned and operated bail bondsman, have been helping everyone, from rich and poor, to young and old, bond out of jail in Robertson and Montgomery counties Tennessee, for over 40 years. We also know […] The post Supreme Court Forces TBI to Follow Expungement Order appeared first on Fizer Bail Bonds.

Drink, Drive, Go to Jail?

By Amanda Chotes • 30 May, 2022
The lock down is over and the mask mandates are gone. Summer is on the horizon and Fizer Bonding Company, premier provider of bail bonds in Robertson and Montgomery counties, wants to wish everyone a 2022 Happy Memorial Day. The start of summer is a great time to pop a cold one and get the […] The post Drink, Drive, Go to Jail? appeared first on Fizer Bail Bonds.

Lawmakers Mull Criminal Justice Reform

By Amanda Chotes • 13 May, 2022
A trio of bills currently pending in the state legislature could significantly affect the criminal justice process in Montgomery County. Fizer Bonding Company, serving clients throughout Montgomery and Robertson counties, is watching these bills closely as they could potentially impact citizens needing to get out of jail quickly with their local Fizer bondsman. According to […] The post Lawmakers Mull Criminal Justice Reform appeared first on Fizer Bail Bonds.

Five Overdoses in Four Days at Nashville Jail

By Amanda Chotes • 29 Apr, 2022
Fizer Bonding Company, which serves bail bonds in Montgomery and Robertson counties, understands that there are things happening in the community that are difficult to talk about. Some of these things are unfortunate and often lead to incarceration and the need for bail bond services. Officials at the Nashville Downtown Detention Center had few answers […] The post  Five Overdoses in Four Days at Nashville Jail appeared first on Fizer Bail Bonds.

Search Warrant Exceptions Go to the Movies

By Amanda Chotes • 29 Mar, 2022
Law and Order is a popular TV show that is still shown in reruns, but the subject on the TV show usually has little to do with law and order. McGarnickle, a beloved yet obscure bit character on The Simpsons, is a good example. This McGarnickle clip is based on this Dirty Harry clip. McGarnickle […] The post Search Warrant Exceptions Go to the Movies appeared first on Fizer Bail Bonds.
More Posts
Share by: