How to beat a domestic assault charge in tennessee

Being charged with Domestic Assault or Aggravated Domestic Assault in Tennessee is a very serious issue-one that can have far-reaching effects on your life and livelihood. You need a competent Domestic Assault attorney that is well versed in the complexities of the law. The attorneys at Hindman and Lanzon understand the Domestic Assault laws thoroughly and can give you the best representation possible.

RELATIONSHIP STATUS

In order for an assault to be considered domestic assault or aggravated domestic assault, the relationship between the accused abuser and alleged victim must meet at least one on the below criteria:

(1) Adults or minors who are current or former spouses;

(2) Adults or minors who live together or who have lived together;

(3) Adults or minors who are dating or who have dated or who have or had a sexual relationship, but does not include fraternization between two (2) individuals in a business or social context;

(4) Adults or minors related by blood or adoption;

(5) Adults or minors who are related or were formerly related by marriage; or

(6) Adult or minor children of a person in a relationship that is described above

As you can see, the law’s definition of relationship is very broad. If the relationship status is not met, the attorneys at Hindman and Lanzon will seek to have the charge dismissed or changed to simple assault which carries a much lighter penalty than Domestic Assault or Aggravated Domestic Assault.

WHAT IS AN ASSAULT?

According to the statute, assaults may be classified as Simple Assault (a misdemeanor) or Aggravated Assault (a felony), a Simple Assault is defined by the Tennessee Code as the following:

· Intentionally, knowingly, or recklessly causing bodily injury to another

· Intentionally or knowingly causing another to reasonably fear imminent bodily injury

· Intentionally or knowingly causing physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.

Domestic assault carries up to 11 months 29 days in jail

In order for the charge to become an Aggravated Domestic Assault, the bodily injury would need to involve significant harm such as an injury that needs significant medical treatment, knife wound, gunshot, loss of limb, disfigurement, or a broken bone, or attempted strangulation.

Aggravated domestic assault carries minimum 3 years maximum 15 years in the penitentiary

A conviction for Domestic Assault or Aggravated Domestic Assault can become part of your permanent record and could result, in the event of an Aggravated Domestic Assault conviction, the loss of your right to vote, right to posses a firearm, and sometimes the loss of professional licenses.

If you are facing a Tennessee Domestic Assault or Aggravated Domestic Assault charge, please call the experienced and knowledgeable attorneys at Hindman and Lanzon to get the best possible representation in Knoxville, TN.

In the heat of a domestic conflict, it is very common for someone who feels threatened to call the police — only to recant once the police arrive, or shortly thereafter.

The person calling the police may believe that the case is a matter of her complaint or his complaint against a violent husband, wife, domestic partner, or another family member. (A domestic violence case may also involve close friends, neighbors, former love interests, and/or the other parent of a child of the complaining witness.)

Once police become involved, however, it is no longer a private matter. It is no longer a case of a complaining spouse or partner versus the other. It becomes, instead, a matter of the state against the suspect. It is very rare for the state to drop the case simply because the complaining witness claims there is no cause to move it forward.

How to beat a domestic assault charge in tennessee

If you have been accused of domestic assault or domestic aggravated assault, you need to move quickly to protect your interests. At May McKinney, our Nashville domestic assault lawyers provide powerful advocacy for defendants and arrestees across the Nashville area who are facing domestic violence charges of any kind. With over eight decades of combined legal experience and our team approach to criminal defense, we can deliver highly effective representation in the face of any domestic assault charge.

To discuss your case and options, call our Nashville domestic assault attorneys at (615) 265-6383. We also serve clients across Franklin, Brentwood, Mount Juliet, and the surrounding areas.

Domestic Assault Charges in Tennessee

Criminal charges may apply in cases involving allegations of violence between spouses, ex-spouses, family members, persons in current or former romantic relationships, or persons who live together.

This may include claims that a person has:

  • Intentionally, knowingly, or recklessly caused bodily injury to the victim
  • Intentionally, knowingly, or recklessly caused the victim to fear imminent bodily injury
  • Intentionally or knowingly caused physical contact that a reasonable person would regard as extremely offensive or provocative

This type of crime is called "domestic assault" or "domestic violence." If you are facing charges of assaulting someone close to you, you will need a proven Nashville domestic assault attorney on your side.

Aggravated Domestic Assault Tennessee

Since 2011, a strangulation law related to domestic assault has been in effect in Tennessee. According to this law, attempting or intending to cause bodily injury by strangulation leads to criminal charges of aggravated assault. This type of offense is defined as the restriction of airflow of the victim and typically happens in domestic violence cases.

Another form of domestic aggravated assault involves committing domestic assault while an order of protection is still in effect. Even a simple infraction of an order of protection can elevate criminal charges to the status of a felony.

Domestic assault involving possession of or use of a deadly weapon is yet another way that assault charges can result in domestic aggravated assault charges.

Defense Strategies for Domestic Assault in TN

If any of these descriptions of allegations that lead to domestic aggravated assault charges sound familiar, your need for knowledgeable criminal defense is urgent. The sooner you have an experienced lawyer working on your case, the more opportunities there are for a favorable outcome.

At May McKinney, our Nashville domestic assault lawyers fight for favorable results in domestic assault & aggravated assault cases, including:

  • Charges dropped
  • Charges reduced to simple assault
  • Penalties reduced
  • Misdemeanor rather than felony status
  • No jail time
  • Anger management classes in lieu of jail time
  • Probation

No defense attorney can promise any particular outcome in a criminal case. However, our clients have reassurance by way of our strong track record. Discuss your case with our Nashville domestic assault attorneys and explore avenues that may have the desired effect in your case.

Steadfast Defense for Domestic Assault & Aggravated Assault in Nashville, TN

Stand fast in defense of your rights, your freedom, and your future in the face of domestic assault or aggravated assault charges. If we represent you, you can be sure that we will examine every element of the charges in search of inconsistencies that may persuade a prosecutor or a jury that you are not guilty as charged.

Please call (615) 265-6383 or contact us to speak with our Nashville domestic assault attorneys.

A domestic assault arrest can have life-long implications. It is crucial to have an experienced attorney on your side who can evaluate every aspect of your case. Sometimes, law enforcement officials make mistakes. Our goal is to find and expose those mistakes.

If your rights have been violated during an arrest, or the allegations against you have been exaggerated or are simply untrue, the Law Offices of Marcus A. Lipham can help. Our Jackson domestic violence lawyer can gather the evidence needed to expose how you have been wronged.

Rely on our aggressive domestic violence attorney to go to battle for you. Dial (731) 207-4488 now or contact us online to schedule your free consultation.

What is Domestic Violence?

The phrase domestic violence is used in many states to categorize abuse cases where the suspect and the victim are related. This includes current or former family members or romantic partners.

In Tennessee, the crime of domestic violence is referred to as domestic assault. There are two categories of assault: simple assault and aggravated assault.

  • Simple assault consists of causing bodily injury to someone, causing a person to fear bodily injury, or causing physical contact that is viewed as provocative or offensive.
  • Domestic Assault becomes “aggravated” if the crime is committed using or displaying a deadly weapon, through strangulation, or while under an order or probation agreement forbidding such actions. It can also become aggravated if the bodily injury involved significant harm such as an injury that needs significant medical treatment.

What are the Penalties for Domestic Violence?

Domestic assault is charged and penalized in four main ways, including:

  • Class A misdemeanor (simple assault) – up to 11 months and 29 days in jail and/or a fine of up to $2,500
  • Class B misdemeanor (simple assault) – a maximum jail sentence of 6 months and/or a fine of up to $500
  • Class C felony (aggravated assault) – 3 to 15 years in prison and a maximum fine of $10,000
  • Class D felony (aggravated assault) – a jail sentence from 2 to 12 years and a fine of up to $5,000

The above penalties are subject to increase with subsequent offenses. Additional consequences for a domestic violence conviction include a permanent criminal record, loss of the right to vote, and difficulty finding employment or applying for housing.

Can domestic assault charges be dropped in Tennessee?

The alleged victim of a domestic assault crime in Tennessee does not have the power to drop the charges against you, even if they ask. Charges are brought and can only be dropped by the District Attorney's Office. Most prosecutors will not drop charges at the request of the alleged victim, which is why it’s important to build a strong legal defense if you’ve been arrested or charged with a domestic violence crime in Madison County.

Let the Battle Begin

If you have been accused of domestic violence, it is time to obtain quality representation. Our Jackson domestic violence attorney is equipped with the necessary knowledge and skills to go to battle to protect your rights and freedom.

Contact the Law Offices of Marcus A. Lipham today at (731) 207-4488 to put our years of experience to work for you.