Franklin Criminal Defense Lawyer

Franklin Criminal Defense Attorney

Lee Ofman, the Franklin criminal defense lawyer at the Law Office of Lee Ofman, has built a reputation as an experienced and compassionate lawyer. He is dedicated to providing the highest quality legal representation to those charged with criminal offenses. This includes drug charges, juvenile crimes, sex crimes, assault, and DUI, among others. He understands the seriousness of the charges that his clients face. His firm is devoted to providing capable and effective criminal defense.

Lee Ofman has over 40 years of experience and a proven record of providing successful outcomes for those charged with a variety of criminal matters. He is committed to protecting the rights of his clients.

Table of Contents:

• Types of Criminal Defense Cases We Handle in Franklin, TN
  • Drug Offenses
  • DUI Offenses
  • Assault – Aggravated and Simple
  • Theft, Burglary, and Property Crimes
  • White Collar Crimes
  • Different Types of Homicide

• FAQs About Franklin, TN Criminal Defense Laws
  • Should you tell your defense attorney everything?
  • Are you a criminal if you aren’t convicted?
  • Does a criminal record stay with you for life?
  • How much does a Franklin criminal defense lawyer cost?

• Contact Our Franklin Criminal Attorneys Today

Types of Criminal Defense Cases We Handle in Franklin, TN

Franklin criminal defense attorney, Lee Ofman, defends against a wide range of criminal charges.

Drug Offenses

Drug offenses refer to criminal charges related to the possession, sale, distribution, or manufacturing of illegal drugs, including heroine, marijuana, fentanyl, meth, cocaine and other illegal substances.

Some common drug offenses include:

• Possession (drug must be on a person or in reach): There are two types of drug possession in Tennessee. One is simple possession, which means having drugs for personal use. The other is possession with the intent to manufacture, distribute, and sell. The penalties for drug possession vary depending on the amount, the schedule of the drug, and whether it was a simple possession or possession with intent. For simple possession, the drugs have to be on you or within your reach.
• Sale or Distribution (also called possession with intent to sale or distribute): As mentioned above, this is the act of selling or distributing illegal drugs and has much steeper penalties than simple possession. Penalties for drug sales or distribution can be severe. Those convicted of the offense may face time in prison and fines.
• Manufacturing: This could involve producing or creating illegal drugs, such as methamphetamine or cocaine. What the state considers manufacturing is fairly broad under Tennessee law. For instance, it could include cutting a drug with an additive. Planting and cultivating also fall under the category of manufacturing. Penalties for drug manufacturing can also be severe. They may include significant prison time and fines.
• Prescription Drug Offenses: This refers to the act of intentionally and knowingly obtaining or distributing prescription drugs, such as opioids or benzodiazepines. If you are found in possession of prescription drugs that haven’t been prescribed to you, you could be fined up to $2,500 and face a year behind bars. Though it is a misdemeanor, it is a Class A misdemeanor, which is the most serious.The specific charges and penalties associated with drug offenses can vary depending on the type and amount of drug involved. It will also be determined by other factors, such as prior criminal history.

DUI Offenses

What Is A DUI? DUI (driving under the influence) is the act of driving/operating a vehicle while under the influence of drugs or alcohol.

Some common types of DUI charges in Franklin, TN include:

• Driving Under the Influence (DUI): This refers to operating a vehicle with a blood alcohol concentration (BAC) above the legal limit. The legal BAC limit in Tennessee is 0.08%.
• Driving While Impaired by Drugs: This happens when a person operates a vehicle while under the influence of drugs, including both illegal drugs and prescription medications.
• Underage Driving While Intoxicated (DWI): This refers to DUI charges against drivers under the age of 21, with a lower legal BAC limit of 0.02.

The penalties for DUI can be severe, including:

• Large Fines
• License suspension or revocation
• Mandatory participation in drug or alcohol treatment programs
• Incarceration

In addition to criminal penalties, a DUI conviction can also have long-lasting consequences. These include increased insurance rates, difficulty finding employment, and damage to one’s reputation.

Assault – Aggravated and Simple

Assault refers to a criminal charge involving the intentional or reckless use of force or the threat of force against another person, which can cause fear, injury, or offense to the victim. Tennessee law has two categories of assault, simple and aggravated.

Simple assault can be a Class A or Class B misdemeanor. It’s when someone recklessly or intentionally:

• Causes bodily harm to another
• Causes another person to fear imminent harm
• Causes physical contact with someone in such a way that a reasonable person would consider it provocative or offensive.

The penalties vary. For a simple assault classified as a Class A misdemeanor, punishment can range from no jail time to a maximum jail sentence of 11 months and 29 days.

Aggravated assault is considered more severe. According to Tennessee law, it is when someone knowingly or intentionally:

• Inflicts serious physical harm on another
• Tries to inflict serious physical harm on another
• Attempts to or causes physical harm to another while under a legal protective agreement
• Refuses to protect a child or adult from abuse or assault (parents or guardians)
• Harms or tries to harm a government employee in the midst of their duties

An aggravated assault charge is a felony. It can be a Class C felony, which is punishable by up to 15 years in prison, a $10,000 fine, or both. It could also be a Class D felony, punishable by up to 12 years in prison, a $5,000 fine, or both.

In both simple and aggravated assaults, the offender may be ordered to pay the victim restitution.

Theft, Burglary, and Property Crimes

Theft and property crimes refer to the taking or destruction of another person’s property. The seriousness of these crimes are determined by the value of the property in question. If the property is less than $500 the crime is a Class A Misdemeanor. If the property is more than $500 but less than $1,000 then it is a Class E Felony. If the value of the property is 1,000 but less than 10,000 then it is a class D felony.

In TN, Burglary is defined as the act of unlawfully entering a building, structure, or vehicle with the intent to commit a crime, such as theft or assault. Burglary can be considered a Class C or D depending on the circumstances

The penalties for theft and property crimes can be severe. These include fines, imprisonment, and permanent charges on your criminal record.

White Collar Crimes

White collar crimes refer to non-violent criminal offenses that are typically committed by business or government professionals. These crimes often involve financial fraud, embezzlement, or other types of deceitful or fraudulent activity for personal gain. The specific charges and penalties associated with white collar crimes can vary depending on the circumstances of the case.

Embezzlement refers to the act of misappropriating funds or property that has been entrusted to an individual’s care. Embezzlement charges can vary depending on the value of the property or services taken. They may result in significant fines and imprisonment. Under Tennessee law, embezzlement is classified as a form of theft.

Fraud refers to a wide range of deceptive practices used to gain an advantage or financial gain. These include insider trading, identity theft, and Ponzi schemes. Fraud charges can be complex and may involve significant fines and imprisonment.

White collar crimes can have serious consequences, including significant monetary penalties, time in jail, and a criminal record.

Different Types of Homicide

In Tennessee, Criminal Homicide is defined as the unlawful killing of another person or persons. Homicides are classified as 1st degree murder, 2nd degree murder, voluntary manslaughter, vehicular manslaughter, and criminal neglect homicide.

1. Murder is the most serious and can be divided into two types: first-degree or second-degree.
   1. First-degree murder is the premeditated and intentional killing of another; or the killing of another committed in the perpetration of or attempt to perpetrate any first-degree murder, act of terrorism, arson, rape, robbery, burglary, theft, kidnapping and physical abuse
   2. Second-degree murder is the knowing killing of another that results from the unlawful distribution of any Schedule I or Schedule II drug, when the drug is the proximate cause of the death of the user. 2nd-degree murder is also the killing of another by unlawful distribution, delivery, or dispensation of fentanyl, alone or in combination with any controlled substance designated by the Tennessee Drug Control Act of 1989.
2. Voluntary manslaughter. This is when one person kills another in a heightened state of passion.
3. Reckless homicide. As the name suggests, this is when one person kills another due to careless or reckless action or inaction.
4. Criminally negligent homicide. Negligence comes down to the perpetrator’s state of mind. If his/her criminal conduct resulted in another’s unintentional death, it could be considered negligent homicide.Any of these charges can have a huge impact on your life. In Tennessee, these charges include significant fines, imprisonment, and even the death penalty.If you are facing criminal charges, it is important to seek the advice of an experienced Franklin criminal defense attorney. They can help you understand your legal options and work to protect your rights.

FAQs About Franklin, TN Criminal Laws

Should you tell your defense attorney everything?

As a general rule, it is usually in your interests to be completely honest with your defense attorney. You should tell them everything that is relevant to your case. Your defense attorney’s role is to represent you with all the tools they have at their disposal. They can only do this if they have all the information available to them. It is important to note that any communications between you and your defense attorney are privileged. This means that your attorney cannot disclose any information you provide to them without your consent.

Are you a criminal if you aren’t convicted?

Legally speaking, a person is not considered a criminal if they have not been convicted of a crime. In the eyes of the law, a person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law. This means that a person who has been accused of a crime but has not yet been found guilty by a court is not considered a criminal.

Does a criminal record stay with you for life?

In many cases, a criminal record can stay with you for life. When a person is convicted of a crime, the conviction is usually recorded in a criminal record or background check. This can be accessed by employers, landlords, and other entities that perform background checks. The length of time that a criminal record stays on a person’s record can vary depending on the jurisdiction, the severity of the offense, and other factors.

How much does a Franklin criminal defense lawyer cost?

Attorneys’ rates can vary significantly depending on their experience and knowledge and the type of crime a person is charged with. Additionally, there may be court fees, travel expenses, and other costs associated with the case. It is wise to discuss fees with your attorney to ensure consistent representation for the duration of your case.

Contact Our Franklin Criminal Attorneys Today

If you or someone you know has been accused of a crime, you need experienced and knowledgeable legal representation. The Law Office of Lee Ofman has defended hundreds of clients facing criminal charges. Contact Lee Ofman for a consultation and learn how he can help you get the most optimal outcome for your situation.