Facing domestic violence charges in Tennessee can be a deeply overwhelming and life-altering experience. These accusations can damage your reputation, relationships, and even your future opportunities. At The Law Office of Douglas K. Dennis, we understand how much is at stake and are here to provide compassionate and experienced legal defense to protect your rights.
Being accused of domestic assault in Tennessee doesn’t have to define your future. Whether this is your first time encountering such charges or you’re concerned about the penalties you face, we’re here to guide you every step of the way.
What Constitutes Domestic Violence in Tennessee?
Tennessee defines domestic violence as physical or non-physical acts, including physical harm, threats of harm, or emotional, psychological, sexual, or economic abuse. A charge qualifies as domestic violence when the accused and the alleged victim share a specific relationship, including:
- Current or former spouses
- Those in a current or previous dating or sexual relationship
- Parents and their children, or vice versa
- Relatives by blood, adoption, or marriage (including siblings or in-laws)
- Cohabitants, such as roommates
This broad definition extends beyond physical harm and includes threats or controlling behaviors. If you’re facing domestic violence charges in Tennessee, our criminal defense attorneys at The Law Office of Douglas K. Dennis are ready to explain your rights and build a strategic defense for your case.
Types of Domestic Violence Charges
Domestic violence charges in Tennessee can vary depending on the nature of the alleged acts and the relationship between the parties. Common types of domestic violence charges include:
- Simple Domestic Assault: Often involving minor physical harm or threats of harm, typically a misdemeanor.
- Aggravated Domestic Assault: Includes serious bodily injury or the use of a deadly weapon, often elevated to a felony.
- Stalking and Cyberstalking: Unwanted following, contacting, or harassing another person to the point of instilling fear or emotional distress.
- Child Abuse or Neglect: Resulting from alleged harm, injury, or endangerment to a child.
- Sexual Abuse: Can include both physical acts and non-physical behavior, such as inappropriate comments or coercion.
- Psychological or Emotional Abuse: Non-physical harm that diminishes a victim’s mental well-being or sense of self-worth.
Each type of charge carries different penalties and requires a tailored legal strategy. The attorneys at The Law Office of Douglas K. Dennis are experienced in defending against all types of domestic assault charges in Tennessee.
Can Domestic Assault Charges be Dropped in Tennessee?
In Tennessee, domestic assault charges cannot be dropped. The victim does not have the power nor the authority to have the charges dropped. The police have the decision to charge, but the responsibility to prosecute is within the sole discretion of the District Attorney's Office.
How to Beat a Domestic Assault Charge in Tennessee
If you’re looking for answers on how to beat a domestic assault charge in Tennessee, it’s important to understand that each case is unique. However, there are common defense strategies attorneys can use to build your case, such as:
- Challenging the Evidence: Examining witness statements, police reports, and any available proof to find inconsistencies or weaknesses.
- Self-Defense: Demonstrating that your actions were in response to a threat of physical harm to yourself or others.
- False Allegations: Arguing that the accusations are unfounded and driven by ulterior motives, such as during a divorce or custody dispute.
- Procedural Errors: Identifying mistakes made by law enforcement, such as failure to properly advise you of your rights or mishandling evidence.
Consulting with an experienced attorney as soon as possible is crucial to identifying the right strategy for your case and protecting your future.
Is Domestic Violence a Felony in Tennessee?
Domestic violence is usually a misdemeanor and can be a felony depending on the circumstances of the offense. Typically, a prosecutor will file felony charges when there are injuries or where the defendant has a history of domestic violence offenses on his or her criminal record.
Punishments are often increased when the victim suffers serious bodily injury as a result of the defendant’s conduct. Prior to the defendant’s arraignment date, the detective assigned to the case and the filing Deputy District Attorney will review the case and decide what level of charges to file.
So if a deadly weapon was used, you are more likely to face a felony domestic violence charge.
Impact of a Domestic Violence Conviction
A domestic violence Tennessee conviction can have far-reaching consequences that extend beyond fines and jail time. These include:
- Loss of Firearm Rights: Federal laws restrict those convicted of domestic violence from owning or possessing firearms.
- Employment Challenges: Background checks by potential employers may reveal your conviction, limiting job opportunities.
- Child Custody Issues: A conviction may negatively impact custody or visitation rights.
- Reputation Damage: A criminal record can harm personal and professional relationships.
Understanding the long-term impacts of a domestic violence conviction underscores the importance of needing a strong and effective defense.
What Are the Penalties for a Domestic Violence Conviction in Tennessee?
A domestic violence conviction in Tennessee can have serious consequences, including jail time, fines, and court-ordered programs. The severity of the penalties you face will depend on the specific circumstances of your case, such as:
- The type of domestic violence: Assault, battery, stalking, etc.
- The severity of the offense: Simple assault vs. aggravated assault.
- Prior offenses: Whether you have any prior domestic violence convictions.
Here's a general overview of potential penalties for domestic violence convictions in Tennessee:
- Misdemeanor Domestic Violence: Can result in up to 11 months and 29 days in jail, fines up to $2,500, mandatory anger management classes, and a loss of firearm rights.
- Felony Domestic Violence: Depending on the class of felony (C or D), penalties can range from 2 to 15 years in prison, fines up to $10,000, mandatory counseling, and a no-contact order with the victim.
What to Do If You’re Charged with Domestic Assault in Tennessee
If you’ve been accused of domestic assault in Tennessee, taking the following steps can make a big difference in your case:
- Avoid Contact with the Accuser: Respect no-contact orders to avoid additional charges.
- Don’t Make Statements to Police Without an Attorney: Statements made without legal representation can be taken out of context and used against you.
- Document Everything: Keep records of relevant texts, emails, or witness accounts that may support your case.
- Hire an Experienced Attorney: The sooner you seek legal representation, the better your chances of building a strong defense.
Contact Our Putnam County Domestic Violence Attorney Today
Time is of the essence when someone accuses you of domestic violence. Contact us now so you can have experienced counsel beside you when making your first statements to the police. We also help you understand the impact your immediate decisions can have on the rest of your case.
