Domestic assault cases are taken very seriously by Tennessee prosecutors and judges and can lead to damaging penalties. Unfortunately, charges of domestic assault can occur based on exaggerations, misrepresentations, and false accusations. These situations often occur when domestic relationships have become strained due to disagreements, breakups, separation or divorce, and in child custody battles. One party may accuse the other of assault out of resentment, anger, revenge, or to get the upper hand in a family law matter. This can lead to charges being filed against the alleged aggressor who then must defend against them in court.
Our Domestic Violence Lawyers Can Help
If you have been arrested for domestic assault, it is paramount that you find experienced and committed legal representation. Your life could be dramatically impacted should a conviction occur. At Shanone Emmack Attorney at Law, I have experience in defending these charges for clients in Franklin, Nashville, Brentwood, and the surrounding counties of Williamson, Davidson, and Rutherford. You can count on me for thorough defense work, a tough stance in advocating for you, and in providing you with the support you need throughout all phases of your case. I understand how important my representation can be to your reputation, your livelihood, your freedom, and your future.
What is Domestic Violence?
Domestic violence, domestic abuse, and domestic assault are defined as a pattern of behavior that is used to exert power and control over a partner. Domestic violence can be sexual, psychological, financial, sexual, and physical.
It can include intimidating, frightening, or manipulative behaviors. Domestic assault can happen to anyone of any gender, race, age, religion, and sexual orientation. It affects people of all socioeconomic & educational backgrounds.
She researches the law, kept me and others informed on what needs to happen next, and was always professional.Nancy D.
Under Tennessee law, a domestic assault occurs when a person causes harm or causes imminent fear of harm to another person (aka the “domestic abuse victim”). More specifically, assault involves intention, knowing what you are doing, or recklessness in causing bodily injury to another. It can also consist of physical contact that you know the other person will find offensive or provocative, such as poking, spitting, or brushing up against in a sexual manner. Finally, you can be accused of assault without ever making physical contact but by doing something that makes the other person believe he or she could be in danger of attack.
A domestic abuse victim is a person who falls under one of the following categories:
- A current or former spouse
- An individual with whom you live or with whom you have previously lived
- A current or former dating partner or person with whom you have or previously had a sexual relationship
- A person who is related to you by blood or adoption
- A person you are related to by marriage
- An adult or child of a family or household member
Tennessee has very specific statutes designed to protect victims of domestic violence. When a police officer responds to a 911 call that could potentially involve a domestic assault, the police officer will make a decision of who the aggressor is and arrest that person. If you are arrested in this way, you will have bond conditions that could forbid you from returning to your own home until your case is settled.
Negative Implications of a Domestic Assault Conviction
A conviction of domestic assault can have several negative implications such as:
- Never owning a gun.
- Completing a battery intervention program that can take up to 24 – 26 weeks.
- A minimum of 11 months/29 days probation and/or jail time.
- Wearing a GPS monitoring device.
- Deportation for noncitizens with immigration reporting requirements.
- Possible job termination.
Is Domestic Assault Considered a Felony in Tennessee?
Yes, in Tennessee, domestic assault is a felony offense.
According to Tennessee Code Annotated Section 39-13-111, it is illegal for a household or family member to either intentionally, knowingly, or recklessly cause bodily injury to another person.
In addition, the law also prohibits other forms of offensive physical contact and force such as threatening, stalking or harassing someone. If convicted of domestic assault in Tennessee, the offender may face jail time and a fine up to $2,500.
It is important to note that domestic violence charges are treated very seriously by courts in Tennessee and penalties for a conviction are often severe. If you have been accused of domestic assault in Tennessee, it is critical to seek legal advice from an experienced criminal defense attorney. An attorney can help protect your rights and explain consequences of a conviction, as as provide guidance for how best to proceed with your case.
If you are charged with a domestic assault, it is important that you obtain competent legal counsel immediately. This is needed to gather important information from eyewitnesses as well as the alleged victim and to effectively discuss your side of the case with the district attorney. Many times, the district attorney does not have crucial facts that could result in your case being retired or even dismissed. As your defender in such matters, I have years of experience and have handled a vast number of domestic assault cases. I understand the serious implications these charges can have on your personal life and professional career and will work vigorously to help you seek the best possible outcome.
Call (615) 205-8183 or contact my firm online to get started today.
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