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Gang enhancement charge.

Location: Knoxville  |  Law type: Criminal defense attorney

My husband had the gang enhancement added to his sentence on April 4, 2016 in Knox County. His charges were in no way gang related and he was alone when arrested. We were trying to figure out if we have waited to late to fight the gang enhancement and if not what are the first steps we need to take?

 

Any help or advice would be greatly appreciated

Tyler and Angie Higginbotham

 

Aryan Nation Gang Member Sent to Prison on Gun Charge

Posted: 04/04/2016

Prosecutors in DA Charme Allen’s Career Gang Unit obtained convictions today against a member of the Aryan Nation for firearm and property offenses.  Tyler Michael Higginbotham, 24, was convicted of Unlawful Possession of a Firearm, Burglary, and two counts of Theft.  Under the terms of the plea agreement, Higginbotham’s sentence was enhanced because of his gang membership, and he will serve sixteen years in prison.

In a plea hearing before Judge Bob McGee, Assistant District Attorney TaKisha Fitzgerald explained that on March 17, 2016, officers with the Knox County Sheriff’s Office were looking for Higginbotham at the Days Inn at 5423 Asheville Highway.  Higginbotham had outstanding warrants for his arrest from both Knox County and Sevier County.  Officers saw Higginbotham leaving the hotel on a motorcycle and attempted to stop him, but Higginbotham fled down Asheville Highway at speeds in excess of one hundred miles per hour. Officers chased Higginbotham into Jefferson County where he lost control of his motorcycle, crashed, and then continued to flee on foot. When officers caught up with Higginbotham, he fought with officers and tried to reach his waistband. Two K9s were used to gain control of Higginbotham.  Once he was under arrest, officers discovered a loaded .38 caliber revolver in his waistband.

Officers were looking for Higginbotham because he had outstanding warrants for the theft of a pickup truck on February 23 and the burglary of a garage on February 29 at a residence in Mascot.

“Gangs and guns are a dangerous combination that cannot be tolerated,” said DA Charme Allen.  “If you are a gang member who possesses a firearm, you should expect my office to do everything possible to send you to prison.”

Higginbotham has five prior felony convictions out of Sevier County for Aggravated Burglary, Burglary, and three Theft cases.

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A criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from state and federal law or consent decrees. Some jurisdictions use a rotating system of appointments with judges appointing a private practice attorney or firm for each case. Source: https://en.wikipedia.org/wiki/Criminal_defense_lawyer

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