DOMESTIC ASSAULT DEFENSE ATTORNEY
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DOMESTIC ASSAULT ATTORNEY IN FRANKLIN, TENNESSEE
Tennessee domestic assault statutes are extremely broad in the type of conduct and the types of relationships that they govern.
Type of Conduct governed by Tennessee’s Domestic Assault Laws
In Tennessee assault charges are defined as:
A person commits assault who: intentionally, knowingly or recklessly causes bodily injury to someone else, causes someone else to reasonably fear imminent bodily injury, or causes physical contact with someone else and a reasonably person would regard the contact as extremely offensive or provocative.
As you can see, the type of conduct governed is wide-ranging and there is a lot of conduct that may be alleged, but should not, fall into this category. That is why you need a knowledgeable Tennessee criminal defense attorney on your side who can review your case in detail and who knows what type of conduct is and is not governed by Tennessee’s assault law.
Types of Relationships governed by Tennessee’s Domestic Assault Laws
In Tennessee, domestic assault is governed by TCA §39-13-111 which defines a “domestic abuse victim” as:
- Adults or minors who are current or former spouses;
- Adults or minors who live together or who have lived together;
- Adults or minors who are dating or who have dated or who have or had a sexual relationship;
- Adults or minors related by blood or adoption;
- Adults or minors who are related or were formerly related by marriage; or
- Adult or minor children of a person in a relationship that is described in any of the above sections.
As you can see, Tennessee domestic assault charges cover a broad variety of relationships – from ex-boyfriends, girlfriends, husbands, and wives, to current boyfriends, girlfriends, husbands, and wives, and even covers current or former roommates and several other types of relationships.
What this means is that if you are alleged to have committed an assault and the relationship between you and the person alleging assault falls into one of the defined categories above, then you may be charged with domestic assault in Tennessee.
Difference Between Assault and Domestic Assault Penalties
Tennessee Assault: In Tennessee Assault, if convicted as charged, is either an A Misdemeanor or B Misdemeanor depending on the nature of the allegations. An A Misdemeanor in Tennessee is punishable by up to 11 months 29 days in jail as well as financial fines. Whereas, a B Misdemeanor in Tennessee is punishable by up to 6 months in jail as well as financial fines.
Tennessee Domestic Assault: In Tennessee, Domestic Assault convictions carry unique penalties. All forms of domestic assault convictions in Tennessee cause you to immediately lose your right to possess a firearm of any kind – this includes everything from a handgun to a shotgun or hunting rifle.
First conviction: A first conviction for domestic assault is an A Misdemeanor which carries a maximum possible jail sentence of 11 months 29 days in jail and financial fines and penalties.
Second conviction: A second conviction for domestic assault is an A Misdemeanor which carries a maximum possible jail sentence of 11 month 29 days in jail and financial fines and penalties. Importantly, a second conviction for Domestic Assault in Tennessee has a mandatory minimum jail sentence of 30 days to serve if convicted.
Third conviction: A third conviction for domestic assault is an A misdemeanor which carries a maximum possible jail sentence of 11 months 29 days in jail and financial fines and penalties. Importantly, a third conviction for Domestic Assault in Tennessee has a mandatory minimum jail sentence of 90 days to serve if convicted.
Get the Best Domestic Violence Defense Attorney with Legal Powers
The laws that govern Tennessee domestic assault are very complex, very broad, and carry serious penalties if convicted. Additionally, any conviction for domestic assault is a permanent conviction. And being convicted of domestic assault can have negative consequences on your personal and professional relationships.
That’s why you need to have a strong Tennessee criminal defense attorney who knows how to handle domestic assault cases and who knows how to navigate the complexities of domestic assault charges.
If you have been charged with a criminal offense, or are under criminal investigation, and want a strong criminal defense attorney in Franklin, Tennessee, on your side fighting for you then contact Legal Powers, PLLC today for your free consultation to see why our representation is right for you.
The information in this website is not legal advice. Visiting our website does not constitute an attorney-client relationship. The information provided above is intended to be used for informational purposes only. We hope it may assist in understanding the evaluation of your case when speaking with a Tennessee attorney.
Middle Tennessee’s Domestic Assault Attorney
Ben Powers specializes in criminal law in Nashville and the wider Middle Tennessee area in cases involving domestic violence, simple assault, white collar offenses, DWIs, and other criminal charges. No case is too controversial for our firm and you will get the representation you’re deserved.
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