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The purpose of this article is to provide individuals accused of domestic assault with basic practical legal information and a framework for things to consider as they begin the process of deciding how to defend themselves. A domestic assault arrests usually starts with a fight. In Tennessee, assault is defined as: - Intentionally, knowingly or recklessly causing bodily injury to another; - Intentionally or knowingly causing another to reasonably fear imminent bodily injury; or. How to beat a domestic assault charge in tennessee travel. There are certain penalties that are only handed down in domestic violence cases. Contact (901) 509-9112 Today!
How To Beat A Domestic Assault Charge In Tennessee Travel
It results in greater penalties and fines. The process to restore your right to own a firearm after a domestic violence conviction varies depending on the state you reside in. Domestic Assault and Aggravated Domestic Assault | Hindman & Lanzon. Often, we can formulate a plan to prevent this from taking place in the future, such as arranging for a public place to exchange the children. Steadfast Defense for Domestic Assault & Aggravated Assault in Nashville, TN. Do not contact your Son under any circumstances.
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Great and professional staff. A domestic violence charge can carry severe consequences in the State of Tennessee. The judge said if I make bond I have to hire an attorney. We can help you build a rock-solid defense to the charges against you. Aggravated assault is considered a Class C or Class D felony depending on the circumstances, such as whether the assault was intentional or reckless. Understanding the differences between what constitutes a felony or misdemeanor assault charge can be very helpful. When sober, he doesn't show any signs of... Read more ». As you can see, the law's definition of relationship is very broad. The alleged victim does not have the ability to dismiss the case in a criminal action. How to beat a domestic assault charge in tennessee department. The State's Attorney and the Court are going to look very unfavorably upon defendants who keep picking up arrests and you are not going to get a positive resolution of your case in this manner. Why is the prosecutor asking for a bond increase? Our clients have found that we are personable, laid back, and act as a capable advisor for their legal situations.
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If you have been charged with domestic assault in Nashville, contact our Nashville domestic assault attorneys today for a Free Case Consultation and Evaluation. Assault charges are normally categorized as state crimes and can be tried as a misdemeanor or felony. Any of these penalties can be aggravated if your offense involved serious assault or injuries. If you were recently accused of and arrested for a domestic violence charge that involved your spouse, parent, domestic partner, child, sibling or another member of the family, including a pet, you are probably feeling very confused and have several questions regarding what exactly is happening and what you should do to protect yourself. The alleged victim feared for their well-being. In Tennessee, there are some defenses that are used more often than others when it comes to domestic violence charges. You can be charged with, and found guilty of, multiple counts of assault, or face additional charges for other alleged crimes – which can all increase your fines and jail/prison time if convicted. Facing Domestic Assault Charges? Important Information to Protect Your Rights. In this instance, the defense will make a motion to dismiss for lack of prosecution, and the judge will grant it.
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If you were convicted previously and the victim is the same as before, Tennessee law proscribes that a stricter sentence must be enforced. You must appear at your court date and the District Attorney will want to talk to the victim on the court date and then a decision will be made as to whether the domestic assault charge will be dropped or there will be some other agreement reached. The Memphis Exchange Club/Family Center is the agency which administers the domestic violence assessment and offers the classes associated therewith. How to beat a domestic assault charge in tennessee legal. There are few things more overwhelming than facing criminal charges. Upon your release from jail, you may be notified of a no-contact order against you, even if you have not been convicted of any crime.
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This is not to determine his innocence or guilt or punishment, but rather to determine if you want more ». Further, the cops do not show up just to calm people down and then leave. First, arrests are permitted for domestic violence upon the unsworn statement of a witness, whether the victim or not. Basic Domestic vs. Aggravated Domestic Assault Charges in Tennessee. It is advisable to consult an experienced domestic violence attorney immediately to combat a domestic violence accusation. The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. For example, if you were previously charged with domestic violence, your attorney may have negotiated an anger management class to have your case dismissed. Misdemeanor assault in Tennessee is 1) the intentional or reckless injuring of another or, 2) intentionally putting another in fear of imminent bodily harm, or 3) intentionally causing offensive or provocative physical contact. Our Jackson domestic violence attorney is equipped with the necessary knowledge and skills to go to battle to protect your rights and freedom. If you are a first-time offender with an otherwise clean record, you could be offered a pre-trial diversion by the prosecutor, or a judicial diversion by the judge.
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No police officer, no prosecutor, an no judge wants to be the person who did not make an arrest or who dismissed a case to then have the accused later seriously injure or even murder their spouse or family member. However, domestic assault is handled differently from other Tennessee misdemeanor offenses. At the Garza Law Firm, we investigate the facts of the case, interview all potential witnesses, scrutinize every statement given to law enforcement, and deploy our extensive criminal defense experience to provide you with the best possible representation against these charges. With over eight decades of combined legal experience and our team approach to criminal defense, we can deliver highly effective representation in the face of any domestic assault charge. History of False Accusation. It is always in your best interest to speak with an experienced attorney when facing domestic violence charges. Juliet, Cookeville, and throughout Middle Tennessee. Being accused and charged with domestic violence crime can make you feel as if your life is unraveling before your very eyes.
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Below is what the District Attorney must prove beyond a reasonable doubt to convict a citizen of Aggravated Assault in Tennessee: A person commits aggravated assault who: Intentionally or knowingly commits an assault as defined under the misdemeanor assault statute and the assault: - Results in serious bodily injury to another; or. There are generally two ways someone can be brought to court for a domestic violence-related offense: (1) Orders of Protection. That is why it is so important to hire a skilled and experienced domestic violence attorney to protect your best interests. Call our firm (901) 509-9112 or contact us online for experienced legal representation. That is why it is so important to enlist the services of a highly skilled criminal attorney to represent you if you have been charged with domestic violence in Tennessee. If there is significant evidence of guilt or if the client simply decides they do not want to take the case to trial even if they did not commit the offense we nevertheless are often able to negotiate a dismissal. In Tennessee, first time offenders of aggravated assault that have no previous convictions resulting in jail time could receive something called a judicial diversion. In addition to the fines and possible jail time following a conviction of domestic assault, other required punishment also includes the loss of your right to possess a firearm forever. When you are facing the power of the State you need an experienced and knowledgeable criminal defense lawyer to advise you and stand by your side to protect your rights and fight for the best outcome. You could be denied a new job (if your current job fires you, which is likely) or access to an education, or to the loan you would need to pursue said education. The ability to negotiate a favorable result in cases where there is evidence of guilt or the client does not want to take the case to trial depends upon: - Prior criminal record or prior allegations of domestic abuse even if the cases were dismissed. In Tennessee, a third domestic assault offense may be charged as a felony if the defendant and the alleged victim are or were married, dating, or involved in a sexual relationship with each other, or if the alleged victim is the minor child of any such person. There are serious consequences that can follow a domestic violence charge in the state of Tennessee. The victim is lying about what happened.
In some cases, however, the defendant may be facing a felony domestic violence mestic Assault. This criminal defense post is to clarify a common misconception about Domestic Violence in Tennessee courts, specifically the ability of an alleged victim to dismiss the case. Act was out of self defense. This is a common mistake made by judges. In fact, besides driving on a suspended license, domestic assault is the most charged crime in the city. The Garza Law Firm understands that this accusation can have serious effects upon your job, your relationships, and your reputation. Keep that evidence, especially if you are charged with stalking or harassment. Depending on the exact nature of the accusations, as well as any prior criminal convictions, a person charged with domestic assault may be charged with a misdemeanor or a felony, and could lose certain rights, including the right to carry a firearm. Different counties have different proceedings for domestic violence cases.