Domestic assault is arguably the most serious of all misdemeanor offenses. A conviction will permanently prevent an individual from owning or possessing a firearm. It provides the same restrictions as two gun ownership that an individual would have if they were a convicted felon.

Punishment
Domestic Assault in Tennessee is punishable by up to 11 months and 29 days in jail. Furthermore, district attorney’s in Tennessee will frequently look at the underlying cause of the incident and will attempt to resolve a case with the objective of preventing future incidents. Anger management, domestic violence classes, alcohol and drug assessments are all tools which are used to resolve cases.

Any conviction for domestic assault will result in the individual forever being banned from possessing firearms. A second conviction for domestic assault carries a mandatory 30 days in jail.

Defenses

The most common defenses that we see are:

  1. The person charged was not the aggressor and responded in self-defense; and
  2. The alleged assault did not take place, and the alleged victim has other motivations to have the person arrested. This might be because of a bad break up, or could be motivated by a pending divorce.

Domestic violence naturally is a crime that involves not only physical violence but also the motion. Sometimes arguments escalate to a point of becoming physical and typically both sides participate in escalating the argument. Wants law-enforcement is involved, it is almost sure that someone will go to jail. Ordinarily they will work to determine who the primary aggressor in the situation is, and will charge that person with domestic assault. If it is determined that strangulation was involved, the person is likely going to be charged with aggravated assault. Aggravated assault in Tennessee is a class C felony.

Domestic violence is a hot button political issue that is frequently legislative and most judicial districts in Tennessee have prosecutors assigned specifically to handle domestic violence cases. Most judicial districts also have victim witness coordinator’s Who communicate with alleged victims to fully understand what happened and their desires as to the outcome of the case. Although the alleged victims desires are always considered, they are not the ultimate factor in deciding what happens with a charge.

If you have been charged with domestic assault or aggravated assault in Tennessee, call and consult with our criminal defense lawyers today.

More Information on Domestic Assault in Tennessee:

Our domestic assault defense attorneys in Nashville have experience handling hundreds of domestic assault charges, including taking many to trial. If you have been charged with domestic assault in Nashville, contact our Nashville domestic assault attorneys today for a Free Case Consultation and Evaluation.