Many domestic assault cases are blown way out of proportion. However, these cases carry serious consequences if convicted. Our legal team can help you!
What is Domestic Assault in Tennessee?
In a domestic disturbance, the police officer is required to identify the "primary aggressor" and make an arrest. The Tennessee domestic assault statute requires this. To convict someone of assault, the State must prove that the defendant knowingly and unlawfully caused bodily injury to the victim or that the defendant caused the victim to be in reasonable fear of imminent bodily injury. What constitutes a domestic assault and assault are the same in Tennessee. However, a domestic assault involves a defendant and victim that have a specific relationship:
Husband/Wife
Boyfriend/Girlfriend
Roommates
Family Members
If you have been charged with domestic assault in Murfreesboro or Smyrna, then you need a trusted attorney on your side. If a divorce is on the horizon, then a conviction can certainly affect the outcome of the divorce proceedings. In many cases, jail time can be avoided. This depends on what evidence is being relied upon to support the charge. All of the evidence in each case is analyzed with great scrutiny.
Potential Misdemeanor Domestic Assault Penalties:
Jail Time up to 11 months and 29 days
Fine up to $2,500.00
Court Costs starting at $450.00
Restricted from owning or possessing a firearm
Restrained from contacting the victim or victim's family
Supervised Probation with Rutherford County Probation Office
Random Drug Screens
Court Ordered Anger Management Classes and/or Counseling
Potential Felony Domestic Assault Penalties:
Jail Time of 3 years up to 15 years
Fine up to $10,000.00
Court Costs
Restricted from owning or possessing a firearm
Restrained from contacting the victim or victim's family
Supervised Probation with the Tennessee Department of Corrections
Random Drug Screens
Court Ordered Anger Management Classes and/or Counseling