Don Himmelberg is a criminal defense attorney in Nashville, TN.
Don graduated Middle Tennessee State University before moving on to pursue his J.D. at the Nashville School of Law in 1985. While in law school, Don was employed in the Circuit Court Clerk’s Office; he also gained experience as the Law Clerk for Circuit Criminal Court. Upon admittance to the Bar, Don served as an Assistant District Attorney, responsible for prosecuting both misdemeanors and felonies.
After several years as a prosecutor, Don made the decision to enter private practice with his partners, Jim Higgins and Rick Piliponis. Together, the three attorneys opened the firm of Higgins, Himmelberg, and Piliponis. Don is the partner in charge of all of criminal matters referred to the firm.
When he is not in the courtroom, Don can usually be found working on his farm in West Tennessee. He also enjoys spending time with his wife and their three children, usually rooting on his beloved Tennessee Titans and Nashville Predators.
Mr. Himmelberg is admitted to practice in all Tennessee Courts, both State and Federal. His initial experience as a prosecutor and decades of experience as a defense attorney have given him a great breadth of knowledge that ranges across every area of the justice system. Over the course of his legal career, Mr. Himmelberg has successfully represented many criminal defendants charged with a wide variety of crimes including First-Degree Murder, Child Rape, Aggravated Sexual Battery, Drugs in a School Zone, and DUI.
- Criminal Law
- DUI & DWI
- Domestic Violence
- Juvenile Law
- White Collar Crime
- Free Consultation
- Credit Cards Accepted
- Tennessee
- 6th Circuit
- Federal Circuit
- English: Spoken
- English: Written
- Partner
- Higgins, Himmelberg & Piliponis, PLLC.
- Current
- Principle
- M. Don Himmelberg & Associates
- Current
- The Higgins Firm PLLC
- Current
- Assistant District Attorney
- Office of the District Attorney General
- Clerk
- Honorable Judge Randall Wyatt Circuit Court Div. 2
- Middle Tennessee State University
- B.A.
- Nashville School of Law
- J.D.
- Best Criminal Defense Lawyers in Nashville
- Expertise
- Named one of the 19 Best Criminal Defense Lawyers in Nashville, TN, by Expertise.com
- Tennessee Association of Criminal Defense Lawyers
- Member
- Current
- Million Dollar Advocates Forum
- Member
- Current
- Tennessee Bar Association
- Member
- Current
- Website
- M. Don Himmelberg & Associates Website
- Blog
- Tennessee Criminal Attorney Blog
- Federal Judge: Tennessee Must Stop Revoking the Licenses of People Who Can’t Pay Their Fines
5 July 2018 - Crime In Cinema: Drinking and Driving in “The Campaign”
26 March 2018 - Caught with 264 pounds of Marijuana – Charges Dismissed!
22 March 2018 - Honored to have been named one of the Best Criminal Defense Lawyers in Nashville!
21 March 2018 - A Client on Parole was Caught With a Loaded Handgun and 52 grams of crack: Case DISMISSED, Record Expunged!
25 October 2016 - Client Arrested with 42 Pounds of Marijuana in Trunk: Case Dismissed!
27 October 2015 - Client Accused of Sexual Battery: Case Dismissed!
17 September 2015 - Know what to do if you’re getting pulled over!
14 April 2015 - Forfeits and Seizures of Property
28 July 2014
- Q. My friend missed a court date without knowing it.
- A: I am a little confused about the exact status of your friends case, but a failure to appear is a felony in Tennessee, regardless of whether your friend knew about the court date or not. He needs to either get ahold of the court clerk or talk to a defense attorney - it is not unusual for a warrant to be issued in FTA cases
- Q. Simple possession whats penalty
- A: Simple possession is usually a Class A misdemeanor, punishable by up to 11 months 29 days in jail
- Q. What class misdemeanor is theft of merchandise when the dollar amount is roughly 300
- A: Class A misdemeanor
- Q. How hard is it to fight and beat a language after the violation? My fiancé' signed one and it was for 3 years he'd serv
- A: Your husband would probably be well-served to hire a criminal defense lawyer. A violation of probation can mean the judge can reinstate the entire original sentence.
- Q. My husband is trying to get his private unarmed security guard licence in TN. In 2005, he has an mis assault convictin
- A: An assault conviction cannot be expunged in Tennessee.
- Q. In 2010, I was convicted of 5 felonies and one misdemeanor (all drug and theft related, no violence). I was sentenced to
- A: Considering it has been less than six years since your release, it may be a little early to petition the court for relief from five felony convictions. At the same time, it may be beneficial to have a lawyer review both your cases and your life since your relief. They will be able to (1) advise whether expungement is even a possibility and (2) give advice as to what steps and life-decisions you need to make or continue to make to further your chances of expungement, if that is a possibility.
- Q. My dad got in my face and i asked him 3 times to get out of my face. Now he wants to press charges what will happen?
- A: Talk to a criminal defense attorney about your side of the story. If all you did was ask him to stop harassing you, I'm not sure what charges could be filed, but if something else happened you'll want representation. A lawyer will be able to gather evidence, police reports, and interview witnesses.
- Q. Vandilism under $250 and driving on revoked license. case dismissed but they want $250 (restitution). Why?
- A: Good job not entering a plea without an attorney present. Call a criminal defense lawyer to discuss your case in a more in-depth manner. Driving on a suspended license in Tennessee can carry jail time and fines over $500, so making your next decision in an informed manner is probably a good idea.
- Q. Does the property have to recovered off the individual
- A: It is unclear what you are asking. If you are asking if, say, police find marijuana near you instead of on you, can they still arrest you? Yes, they can say they have probable cause to believe that that was your marijuana at the scene.