Domestic assault is a serious crime in Tennessee and can have severe consequences. Whether it’s a misdemeanor or felony domestic violence charge depends on the facts of the case, like the severity of the injury, the use of a deadly weapon, or the victim’s relationship with the accused. If you’re facing domestic assault charges in Tennessee, especially in Nashville, you need to understand the legal differences and penalties.
Working with a Nashville domestic assault attorney is crucial to navigating Tennessee law. A good attorney can protect your rights, build a defense, and guide you through the process to minimize the impact of a domestic assault charge on your life. In this blog we will go over the different types of domestic assault, the penalties for each, and why legal representation is key to defending against these serious charges.
What is Domestic Assault in Tennessee?
Domestic assault in Tennessee means physically harming or threatening to harm a domestic abuse victim. Unlike domestic assault, aggravated assault involves the use of deadly weapons or serious bodily injury and is generally classified as a felony, attracting harsher legal consequences. According to Tennessee law, this can be any type of physical contact or threat that can lead to serious criminal charges.
Legal Definition
Domestic assault is defined in the Tennessee Code as knowingly causing physical contact with a domestic abuse victim in a way that could be considered offensive or provocative. If the contact is viewed as extremely offensive or provocative by a reasonable person, it elevates the crime to a Class B Misdemeanor. This includes any type of physical aggression or the threat of violence. The law recognizes the importance of protecting individuals in domestic situations that’s why these offenses are taken very seriously.
Types of Offenses
Domestic assault can be a misdemeanor or felony depending on the severity of the incident and the facts.
- Class A Misdemeanor: For minor injuries or threats without serious bodily harm. Up to 11 months and 29 days in jail and fines.
- Class B Misdemeanor: For less severe incidents. Jail time and fines.
- Felony Charges: If an assault causes serious bodily injury or involves a deadly weapon it can be elevated to a felony. Those charges carry more severe penalties, and longer prison sentences.
- Class C Felony: Typically involves intentional acts or offenses resulting in significant harm, such as aggravated assault and domestic violence. Convictions can result in specific prison sentences and fines.
- Class D Felony: Includes various criminal offenses like aggravated assault involving reckless behavior or child abuse against children eight years old or younger. Penalties include prison time and fines.
Context
The context of the relationship is key in determining the charge for domestic abuse victims. Factors like whether the individuals are current or former spouses, family members, or cohabitants can affect how the law is applied. If you’re facing domestic assault charges in Tennessee you need to understand these subtleties.
Who is a Domestic Abuse Victim?
In Tennessee, the law recognizes several types of relationships that can make someone a domestic abuse victim. Understanding these relationships is important to understanding the legal consequences of domestic assault charges. Here are the main categories:
- Current or Former Spouses: Anyone who is or has been married to the accused. The law provides special protections for these individuals.
- Individuals Who Live or Have Lived Together: This includes anyone who shares or has shared a residence. Cohabitation can be in the form of roommates or partners.
- People in a Dating or Sexual Relationship: Those who are in a romantic or sexual relationship are also included. The relationship doesn’t have to be long-term to qualify.
- Relatives by Blood or Adoption: Family members whether by blood or legal adoption are included in this definition. This includes parents, siblings, and extended family.
- Children of Those in These Categories: Minors who are children of individuals in any of the above categories are also protected. Their safety is the top priority under Tennessee law.
Understanding these relationships helps you know who can seek legal protection and the seriousness of domestic assault in Tennessee. If you or someone you know is in this situation, understanding these definitions is the first step to seeking help and understanding your rights. Aggravated sexual battery, a more severe form of sexual battery, is classified as a Class B felony in most cases.
Domestic Assault Penalties
In Tennessee, the penalties for domestic assault vary depending on the offense. Assaulting a law enforcement officer is considered a serious crime and can result in severe penalties, including significant fines and lengthy prison sentences. Understanding these classifications will help you navigate your legal situation.
Class A Misdemeanor
A Class A misdemeanor for domestic assault can mean:
- Jail Time: Up to 11 months and 29 days in jail.
- Fines: Up to $2,500.
- Loss of Gun Rights: Conviction will result in loss of the right to possess firearms.
Class B Misdemeanor
A Class B misdemeanor is less severe but still has penalties. You may be charged with:
- Jail Time: 6 months in jail.
- Fines: Up to $500.
- Reputation: A conviction will impact personal and professional relationships.
Repeat Offenders
Tennessee law has enhanced penalties for repeat offenders. If someone has prior domestic assault convictions the penalties can get much tougher. This can include felony charges which have much harsher sentences and longer jail time.
Law Enforcement
Law enforcement is involved in domestic assault cases in Tennessee. When a domestic assault is reported officers are trained to identify the primary aggressor. This is key. The goal is to protect the victim and stop the violence.
Arrest Protocols for the Aggressor
Officers respond to domestic violence calls with a protocol. They assess the situation and gather evidence. If they determine one party is the aggressor they will arrest that person. This can be even if both parties were involved in the altercation. The goal is to protect the alleged victim and take action against the person responsible for the violence.
12-Hour Cooling-Off Period
In addition to arresting the aggressor Tennessee law requires a 12-hour cooling-off period. This means after an arrest the individual must remain in custody for at least 12 hours before being released. This cooling-off period is to reduce the likelihood of further conflict. It gives time for emotions to settle and a safer environment.
Law Enforcement’s Role
Law enforcement’s actions can impact the outcome of a domestic assault case. Their decisions can result in immediate protection for the victim. How they handle the situation sets the stage for any legal proceedings that may follow. Understanding these protocols will help you navigate your situation better.
Future Opportunities
Being charged with domestic assault in Tennessee can impact many areas of your life. These effects go beyond the immediate legal penalties and can affect education, employment, and professional licensing.
Education
A domestic assault conviction can limit your educational opportunities. Many educational institutions do background checks. A criminal record can result in denial of admission or scholarships. This can impact not only college applications but also graduate school or specialized training programs.
Employment
Employers do background checks as part of the hiring process. A domestic assault conviction can make it hard to get a job. Many positions especially in education, healthcare, and law enforcement require a clean record. Even if you’re qualified a criminal history can disqualify you.
Professional Licensing
Some professions require licenses. A domestic assault conviction can jeopardize your ability to get or keep those licenses. Professions in healthcare, legal services, and education are especially sensitive to these charges. If you have a license you may face disciplinary action including suspension or revocation.
Can’t Expunge
In Tennessee, you can’t expunge domestic assault convictions. So the record will always be available to employers and educational institutions. A lasting record can limit your personal and professional opportunities.
Consult With an Experienced Nashville Domestic Assault Lawyer ASAP!
If you or a loved one is facing domestic assault charges in Tennessee, it’s crucial to have a knowledgeable and experienced legal team by your side. Byron Pugh Legal is committed to providing skilled defense for those accused of serious crimes, including domestic assault. Our team understands the complexities of Tennessee law and will work tirelessly to protect your rights and secure the best possible outcome for your case.
Contact us at 615-255-9595 for a free case review!
