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If you’ve recently been charged with a crime, you know the experience can be frightening and overwhelming. You are probably concerned about what happens next, what effect the charge will have on you and your family, and what you can do so that the consequences don’t derail your life. This page will introduce you to our Knoxville criminal defense lawyers and how we can help.
Barnes & Fersten believes it’s important that you do not have to go through this process alone. We practice criminal defense to help people just like you and take great pride in delivery high quality service both inside and outside the courtroom. We have years of experience navigating the criminal justice system on behalf of clients with a proven track record of success. We strive to always keep our client informed and involved in their case and to treat each individual the way we would want a family member treated in their shoes.
At Barnes & Fersten we have dedicated our entire practice to criminal defense. We do not dabble in personal injury, real estate, wills, or any other area. We do so to make sure we can stay at the cutting edge of our industry and provide our clients the best possible defense in every case.
You are presumed innocent, even after being arrested and charged. It is up to the State of Tennessee to prove beyond a reasonable doubt you are guilty if they want a conviction. There are numerous ways to challenge evidence in court and to defend against criminal charges.
Once we are retained on your case, our DUI defense process begins immediately. We gather every piece of evidence available, including body and dash cam footage, breathalyzer records, blood test toxicology reports, 911 call records, the implied consent form. Our attorneys don’t wait, and we don’t overlook a single detail.
Your constitutional rights come first. If the police searched your car, home, or person without a warrant or proper cause, the evidence they collected may be inadmissible in court. We know how to challenge flawed stops, bad warrants, and rights violations—and we use those challenges to weaken the prosecution’s case. Protecting your constitutional rights is one of the most powerful tools in our defense strategy.
Police reports can leave out critical facts–sometimes because they weren’t gathered, sometimes because they were never known. We dig deeper to find surveillance footage, medical records, business documents, or new witnesses that contradict the State’s version of events. These discoveries can shift the leverage in a criminal case, opening the door to reduced or dismissed charges.
You’re not just a case number—you’re a person with a life, a future, and a reputation worth protecting. We take time to understand your background—your work, education, family, health, and personal circumstances—so we can present the full picture to the court.
Most criminal cases in Tennessee are resolved through negotiation, and the quality of your outcome depends on the strategy behind it. Our criminal defense lawyers use legal leverage, personal context, and investigative gaps to push for the best possible deal. Whether that means reduced charges, diversion, or even a full dismissal, we make sure you understand your options and remain in control of every decision.
Under Tennessee law, you have the right to a jury trial—where twelve local jurors must unanimously agree the State has met its burden of proof. Trials are the foundation of our justice system, and for the right case, they’re your strongest tool for a clean slate. We prepare for that possibility from day one, building your defense with clarity, credibility, and the goal of showing the jury exactly why there’s room for doubt.
Driving under the influence is one of the most common cases we defend at Barnes & Fersten. We’ve attended numerous continuing education course, including those put on by the National College for DUI Defense and the course police officers go through before enforcing DUI laws. DUI cases raise a number of issue that are less common in other criminal cases, like blood and breath testing, field sobriety testing, and the effect of medications and drugs on impairment, that require significant experience and training. At Barnes & Fersten, our Knoxville criminal defense lawyers pride ourselves on our defense of DUI cases of all types across east Tennessee.
State drug cases range from simple possession of small amounts of marijuana to complex criminal conspiracies involving the distribution of heroin, fentanyl and methamphetamine. The consequences of these cases can be significant and we treat them as such. Determining the strength and weaknesses of the State’s informant evidence, law enforcement evidence, and expert evidence, along with thorough investigation and motions practice makes up the backbone of an effective drug case defense.
Gun crime charges in Tennessee are taken seriously and often carry mandatory minimum sentences—especially if a firearm is alleged to have been used during the commission of another offense. Common charges include unlawful possession, felon in possession of a firearm, carrying without a permit, and possession of a firearm during a dangerous felony. These cases can be complex, involving questions of intent, ownership, prior convictions, and search and seizure issues. Our attorneys for gun crimes build strategic defenses aimed at suppressing unlawfully obtained evidence and protecting your rights under both Tennessee and federal law.
Domestic assault cases present serious issues for our clients and their loved ones. Much of the time no contact orders are put in place against the wishes of both the alleged victim and the client. These orders can keep family apart for significant periods of time and upend the lives of all involved. In many cases no one believed involving the police in a situation they did not believe was criminal would result in their entanglement with the justice system, but it did anyway. These cases can arise as misdemeanors or serious felonies and must be handled with the highest level of care and competence by an experienced criminal defense attorney.
Violent crime cases are amongst the most serious cases that can be brought against an individual. From murder and manslaughter to assault, kidnapping, others, these cases can be devastating. Challenging the state’s case at every turn and tracking down all the information and evidence available can be the difference in winning and losing in these cases. Violent crimes, if convicted, often carry long sentences and restrictions on parole and must be defended aggressively.
Shoplifting is one of the most commonly charged theft crimes in Tennessee and can carry serious consequences, even for first-time offenders. Depending on the value of the merchandise, shoplifting may be charged as a misdemeanor or a felony—anything over $1,000 can result in a felony charge. These cases often hinge on questions of intent, misidentification, or procedural errors by store security. Our criminal defense lawyers carefully examine every detail to protect your rights and work to reduce or dismiss the charges whenever possible.
Theft cases are charged based on the value of what was alleged to be stolen. Cases charging less than $1,000 lost are misdemeanors. Any amount over $1,000 is a felony and the penalties increase as the amount of loss goes up with the most serious charge being a class A felony for loss over $250,000 and carrying 15–60 years in prison. While few theft cases are that large, all are serious and require close scrutiny to determine whether a theft actually occurred, if so, who stole what, and what was the item stolen worth. Theft can be charged both for physical items, theft of good, and as theft of services. While these issues are sometimes straightforward, our criminal defense law firm has seen numerous cases when they were not.
The purpose of the juvenile justice system is different from the adult system, in that the juvenile court’s mission is to rehabilitate, often through alternative forms of punishment. Depending on the seriousness of the charge, the result of a juvenile case can include “informal adjustment” in which charges are ultimately dismissed, up to “transfer,” meaning the case is sent to adult court even though the defendant is a juvenile. Our goal as Knoxville criminal defense lawyers in representing juveniles is to protect them from the negative impacts of a juvenile charge and setting them up for a positive future. This can be achieved both by the traditional means of defending a charge and by convincing a prosecutor or court that it is in everyone’s best interest to support the child and family, rather than imposing harsh punishment.
A criminal charge can be a very stressful and overwhelming experience. You may be feeling scared, confused, and unsure of what to do next. You may be worried about the impact a conviction will have on your life, your job, and your family.
Our experienced Knoxville criminal defense attorneys are committed to protecting your rights and fighting for the best possible outcome in your case. We take the time to understand your situation, thoroughly investigate the facts, and build a strong defense tailored to your unique circumstances.
If you or someone you know has been charged with a crime, call us today at 865-805-5703 or fill out our contact form for a free consultation. Let us review your case, explain your options, and start fighting for your future.
Barnes & Fersten PLLC was founded with you, our future client, as the focal point. We work hard every day to deliver each client a high-quality, personalized and aggressive representation.
