Domestic violence is a prevalent issue that impacts millions of families and people across the world. In Tennessee, domestic violence is taken very seriously, and there are comprehensive laws aimed at punishing domestic violence offenders.
If you find yourself facing domestic violence charges in Tennessee, it is essential to understand the severity of the situation and the necessary steps you need to follow to traverse the complex legal system effectively.
Domestic violence charges can result in severe implications such as imprisonment, financial penalties, and a permanent criminal record, which can adversely impact both your personal and professional life.
It is crucial that you remain composed and collected during the arrest and ensuing legal proceedings. It is advisable to contact a seasoned Nashville domestic violence defense attorney at Nash Law immediately to initiate the process of building your defense and potentially getting the charges dropped or minimizing the ramifications of a conviction.
Our skilled Nashville criminal defense attorneys have successfully assisted numerous clients in overcoming serious domestic violence charges and can help you, too.
Contact our experienced legal team at Nash Law today at 615-NASH-LAW for a FREE case review.
What Constitutes Domestic Violence?
According to Tennessee Code §39-13-111, domestic abuse is described as an assault against various individuals, including:
- Current or former spouses
- Individuals who reside together or have previously lived together
- Individuals who are dating or have dated
- Individuals related by adoption or blood
- Individuals who are legally related or were previously related by marriage
- Minor child(ren) of an individual with whom you have any of the aforementioned relationships
Types of Domestic Violence Charges
In Tennessee, there are a range of threatening offenses that can be classified as domestic violence, including:
- Assault: This is among the most frequently charged domestic abuse offenses in Tennessee. Domestic assault in Tennessee involves intentionally, knowingly, or recklessly causing bodily injury, instilling reasonable fear of imminent bodily injury, or creating physical contact that a person would reasonably consider to be extremely offensive or provocative.
- Aggravated Assault: Aggravated assault charges may be brought if the assault results in serious bodily injury, involves a deadly weapon, or violates a valid restraining order. “Serious bodily injury” in Tennessee refers to significant harm such as disfigurement or injuries requiring surgery or hospitalization.
- Harassment: Individuals may face harassment charges if the victim experiences repeated unwelcomed communication or threats.
- Stalking: Stalking can be described as actions that are meant to place an individual in fear for their safety or make somebody suffer mental distress under threat of bodily injury, death, or continued harassment, making that individual undergo significant emotional distress. Another form of stalking lately has been electronic through cyberstalking.
Common Examples of Domestic Violence Charges
Common examples of domestic violence include physical abuse such as hitting or slapping, emotional manipulation or intimidation, and controlling a partner’s financial resources or personal freedom.
- Physical abuse: This involves hitting, shoving, biting, punching, slapping, strangling, or any action that inflicts physical injury to the victim.
- Emotional abuse: This encompasses controlling behavior, verbal attacks, or demeaning criticism aimed at diminishing the victim’s self-esteem. Psychological abuse involves actions aimed at causing fear through threats of harm to the victim, their children, or other family members.
- Sexual abuse: This form of domestic violence happens when the abuser uses force or attempts to overpower the victim to engage in non-consensual sexual actions or behavior.
- Financial abuse: This involves controlling or preventing the household’s or victim’s finances to make the victim financially dependent on the abuser.
Penalties for Domestic Violence in Tennessee
Those convicted of domestic assault or aggravated assault may face different penalties based on the case details.
Misdemeanor Domestic Assault
Depending on the assault circumstances, domestic assault may be treated as either a Class A or Class B misdemeanor.
- Class A misdemeanors can result in penalties of up to 11 months and 29 days in jail and a $15,000 fine.
- Class B misdemeanors can lead to penalties of up to six months in jail and $700 in fines.
Felony Aggravated Assault
Based on the case circumstances, these types of domestic violence charges might lead to convictions of Class C or Class D felonies.
- Class C felonies are punishable by up to 15 years imprisonment and fines of up to $10,000.
- Those convicted of a Class D felony can face up to 12 years jail term and fines of up to $5,200.
Aggravating Factors
Individuals with a history of domestic violence charges and/or convictions, use of a weapon, or injury to a child will likely face harsher penalties than those with no prior history of such abuses. Depending on the circumstances surrounding the case, the court may warrant some kind of compensation to the victim.
If you are facing domestic violence charges, it is wise to seek the counsel of an experienced Tennessee domestic assault attorney as soon as possible, considering the potential legal implications you may be subjected to. Contact our domestic violence lawyers at Nash Law today to start building a solid defense strategy for domestic violence charges on your behalf.
Defenses Against Domestic Violence Charges
Defenses against domestic violence charges can include proving self-defense, challenging false allegations, or demonstrating a lack of sufficient evidence to support the claims, depending on the specifics of the case.
Self-Defense
Self-defense can be a valid defense in domestic violence cases when the accused can demonstrate that they were protecting themselves from imminent harm. This defense requires evidence showing that the accused had a reasonable belief that they were in danger and that their response was proportional to the threat faced.
False Allegations
False allegations of domestic violence frequently arise during contentious divorces or custody disputes. Accusers may fabricate claims to gain an advantage in legal proceedings, such as securing custody or financial benefits. The legal system takes these allegations seriously and provides mechanisms for challenging them.
The accused has the right to due process, allowing them to present evidence, cross-examine witnesses, and argue against the credibility of the accuser’s claims. Successful challenges may involve demonstrating inconsistencies in testimonies or presenting evidence contradicting the allegations.
Lack of Evidence
Challenging the prosecution’s evidence may lead to dismissal if it is insufficient or contradictory. The prosecution bears the burden of proof, needing to establish guilt beyond a reasonable doubt. If the evidence presented is weak, lacks corroboration, or contains contradictions, it may lead to dismissal of domestic violence charges or acquittal.
The Impact of a Domestic Violence Conviction
A domestic violence conviction can have long-lasting consequences, impacting child custody, employment opportunities, housing options, and resulting in the loss of firearm rights under federal law.
Impact on Family Law Matters
A domestic violence conviction can significantly affect family law matters, particularly in divorce proceedings and child custody arrangements. Courts often view domestic violence as a serious issue that impacts parental fitness, potentially resulting in limited visitation rights or loss of custody.
Judges may impose protective orders restricting contact with children or mandating supervised visitation.
Employment and Housing Consequences
Individuals convicted of domestic violence may face substantial limitations in employment opportunities and housing access. Many employers conduct background checks that reveal such convictions, which can hinder job prospects and professional licensing.
Additionally, housing applications often ask about criminal history, making it difficult for those with a conviction to secure rental agreements.
Firearm Restrictions
Under federal law, individuals convicted of domestic violence are prohibited from owning firearms. This restriction applies even if the conviction does not involve a violent crime against a person but falls under specific categories defined by law. Losing firearm rights can have lasting implications for personal safety and recreational activities.
How a Tennessee Criminal Defense Lawyer Can Help With Domestic Violence Charges
A Tennessee criminal defense lawyer can help by building a strong defense, navigating the legal process, and working to reduce domestic violence charges or penalties, ensuring that your rights are protected and offering guidance through every stage of the case.
Navigating the Legal Process
A skilled criminal defense attorney can guide clients through each step of the legal process, ensuring their rights are protected.
Building a Strong Defense
An attorney can investigate incidents thoroughly, gather evidence, and effectively challenge the prosecution’s case.
Negotiating Reduced Penalties
Experienced lawyers may negotiate plea deals or seek alternative sentencing options like counseling or anger management programs to mitigate penalties.
Consult With Nashville Attorneys Today About Domestic Violence Charges
Domestic violence can result in severe physical injuries, lasting emotional distress, and ruin injuries. If you’ve been charged with domestic violence in Tennessee, it’s essential that you take immediate action to mitigate the ensuing legal, social, and financial consequences, especially if you believe you have been falsely accused.
Our skilled domestic violence attorneys at Nash Law can help defend your rights and reputation against such damaging allegations. Contact us now at 615-NASH-LAW to arrange a case review with our attorneys.