If a person in a domestic dispute intends to injure another and does so, the law will find them guilty of assault. Further, if an assailant intends to cause serious injury to a family or household member and does so, they will be found guilty of aggravated assault. Note that serious bodily injury involves significant harm such as a broken bone, disfigurement, loss of a limb, or an injury requiring surgery or hospitalization. Understanding these distinctions is crucial since they dictate the legal consequences one might face.
In Tennessee, the law takes domestic violence seriously, categorizing offenses into various levels of severity. Offenders may face consequences ranging from misdemeanor charges to felony convictions, depending on the nature and impact of their actions.
Our legal team at Vasek & Robbins will conduct a thorough investigation into your situation to craft any potential legal and factual defenses, as well as heartfelt reasons, for your right to recovery after a harsh charge. Our firm stays up to date with the continually changing law, however minor, and you can be sure that we are equipped with the knowledge to fight your domestic violence charge. Our dedicated approach reflects not only our commitment to legal excellence but also our deep understanding of the stress and complexity involved in these cases.
Is Domestic Assault a Felony in TN?
The penalties for domestic assault in the state are the same as those for general assault crimes. In addition, though, the defendant will permanently lose their right to carry a firearm and will be required to pay a special fine used to fund family violence shelters and shelter programs. The alleged victim may also choose to file an order of protection that could have further consequences on a shared residence or children in common.
Assault is charged as a Class A or Class B misdemeanor, where a Class A misdemeanor is punishable by up to 11 months and 29 days in jail and/or a fine up to $2,500, and a Class B misdemeanor is punishable by up to 6 months in jail and/or a fine up to $500. The jail time and fines increase significantly for convictions of aggravated assault. Aggravated assault is considered a Class C or Class D felony depending on the circumstances, such as whether the assault was intentional or reckless. A Class C felony is punishable by 3-15 years in prison and a fine up $10,000, and a Class D felony is punishable by 2-12 years in prison and a fine up to $5,000.
Note that anyone convicted of domestic assault in Tennessee may also be required to pay restitution, which involves reimbursing the alleged victim for any expenses resulting from the crime, like the cost of medical treatment or counseling or repair or replacement of damaged property. This financial component underscores the state's effort to provide comprehensive remedies to those affected.
Sentencing Alternatives
Tennessee law offers certain alternatives to a jail or prison time for a person charged with or convicted of domestic assault in Tennessee, depending on the severity of their offense. For one, after a defendant is convicted or pleads guilty to a domestic assault charge, if the defendant has no prior misdemeanor convictions for which jail time was imposed and no felony convictions, the court may grant judicial diversion (also called a deferred sentence). This is designed to provide a chance for individuals to reform and avoid the harshest penalties, emphasizing rehabilitation over punishment.
Judicial diversion postpones sentencing for a period of time on the condition that the defendant successfully complies with probation and other requirements, such as:
- obtaining no new arrests or criminal offenses during the conditional period;
- completing psychological treatment; or
- doing volunteer work in the community.
If the defendant satisfies all the court’s requirements for the diversion, the court will discharge the defendant and dismiss their case, though the arrest, diversion, and dismissal will still be part of the defendant’s criminal record. If the defendant fails to satisfy the court’s requirements, the court will impose a sentence and enter a conviction.
The court may also choose to suspend a sentence, wherein they impose a jail or prison sentence but allow the defendant to serve all or a portion of the time on probation rather than in jail or prison. The defendant must successfully complete probation and any other conditions the court imposes, and failure to do so can result in reinstatement of the original sentence in jail or prison.
Be aware that a person on supervised probation must meet with a probation officer and comply with conditions such as:
- undergoing treatment;
- maintaining employment;
- respecting curfews;
- submitting to drug tests;
- paying probation costs as required by the court; and
- avoiding any further criminal activity or arrests.
It is advisable to consult an experienced domestic violence lawyer in Lebanon immediately to combat a domestic violence accusation. A good lawyer can thoroughly investigate the case and determine if the defendant was wrongfully charged or if there are other grounds on which the case could be dismissed before trial. An attorney also may be able to negotiate a plea bargain with the prosecutor on the defendant’s behalf or prepare a defense and represent them effectively at trial if there are no reasonable plea options. Prosecutors may negotiate and agree to a lighter sentence in exchange for a guilty plea or to the defendant pleading guilty to a different, less serious crime.
Navigating these complex legal waters with professional guidance is crucial to safeguarding your rights and future opportunities.
Let Vasek & Robbins Fight for Your Freedom
If you are charged with domestic assault, the stigma of being charged can be crippling and emotionally draining. Attorney Donnavon K. Vasek has represented hundreds of people charged with domestic assault and knows how to navigate the emotional turmoil of the legal process. The initial shock of being charged and held for 12 hours can feel like you've already been convicted. The phrase "innocent until proven guilty" seems like a legal fallacy and in some respects, it is. The rules involving domestic assault are complex, evolving, and unforgiving to those who do not know what defenses and strategies are available. Our comprehensive legal support includes not only navigating these rules but also advocating for fair treatment and exploring all available defenses. If you have been charged with domestic assault, contact our firm to discuss what strategies and defenses you have available to fight an unfair or wrongful domestic violence charge.
At Vasek & Robbins, we work to legalize your freedom, and your future. Schedule your free consultation today by calling (615) 488-7949 or submitting a contact form here.
Frequently Asked Questions
What Should I Do If Falsely Accused of Domestic Violence in Lebanon, TN?
Facing false allegations of domestic violence is a serious matter that requires immediate legal intervention. If you find yourself in this situation, it's crucial to engage with a knowledgeable attorney who can advocate on your behalf. Your lawyer can collect evidence, interview witnesses, and work to uncover inconsistencies or motivations behind the false claims. In Lebanon, maintaining a strong defense also involves understanding the local legal procedures and how they can be leveraged in your favor. At Vasek & Robbins, we offer compassionate and strategic defense services designed to protect your rights and reputation.
How Can a Domestic Violence Charge Affect My Life?
A domestic violence charge can significantly impact various aspects of your life, from professional opportunities to personal relationships. In Tennessee, such charges can lead to a permanent criminal record, affecting your ability to find employment or secure housing. Additionally, a conviction may entail restrictions such as losing the right to own firearms or mandatory counseling sessions. Understanding these potential outcomes is vital, and working with an experienced legal team can help you mitigate these consequences as much as possible. Our team at Vasek & Robbins strives to provide the most comprehensive defense to protect your future interests and restore your reputation.
What Legal Protections Are Available for Victims of Domestic Violence?
Victims of domestic violence in Lebanon, TN, can access several protective measures, including Orders of Protection which restrain the accused from contacting them or entering shared spaces. Local resources such as the Wilson County advocates and shelters offer additional support to ensure safety and recovery. Legal procedures are in place to swiftly process these protections, emphasizing victim safety as a priority. It's essential for individuals seeking these protections to work with legal counsel to ensure all necessary steps are taken. At Vasek & Robbins, we prioritize the safety and well-being of individuals affected by domestic violence, guiding them through securing legal protections and strategizing for a safer future.
