Official Misconduct Nashville

Official misconduct in Nashville Tennessee has been used quite often lately, but what is it really, when can it be charged? Are there any defenses a criminal attorney can use for his or her client?

In Tennessee we have seen this charge placed on police officers, judges, mayors and other types of public servants, Nashville Tennessee Official Misconduct involves a public servant who commits the offense with intent to obtain a benefit or to harm another, intentionally or knowingly:

(1) Commits an act relating to the servants office or employment that constitutes an unauthorized exercise of official power;

(2) Commits an act under color of office or employment that exceeds the servants official power;

(3) Refrains from performing a duty that is imposed by the law or that is clearly inherent in the nature of the public servants office or employment;

(4) Violates a law relating to the public servants office or employment; or

(5) Receives any benefit not otherwise authorized by law.

Official misconduct is a class E felony and carries with a possible 1 to 6 year sentence, it is a charge that is taken very seriously by the state, due to the fact that they feel like you have betrayed the public trust. There are defenses involved in this charge, such as what the benefit you received, did the benefit involve a substantial risk of harm to undermine the official impartiality?

What are some examples of official misconduct? Accessing private information on government data bases that you have access to; revealing bids on a state seal bid contract to one bidder; receive a gift that you are not allowed to accept; and many scenarios where someone in law enforcement such as a state trooper or metropolitan police officer can be charged with official misconduct.

The list above are just a few of the ways in which someone could find themselves under arrest for official misconduct, it is a serious matter due to the public trust involved, if you or a friend have been charged with official misconduct, give the office a call at (615) 308-2633, we would be pleased to meet with you about your case.