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Domestic violence cases can linger on for up to two years if you are participating in the family violence education program so it is important to maintain your vigilance and remain focused on avoiding any new criminal arrests until your domestic violence case has been dismissed. 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. Aggravated assault is normally classified as a felony because it involves greater injuries or strangulation in addition to other specific circumstances. Or you can contact us online for a prompt response. But when we help the day of the crime, law enforcement denied assistance to mental health crisis. 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. How to beat a domestic assault charge in tennessee laws. If police officers/officials respond to a call about domestic violence, they must arrest someone, even if both individuals do not want to press charges. The only way to drop the charges are to go to court on the defendant's court date and speak with the District Attorney's office about a possible dropping of the charges. Any criminal record can have an effect on future job or education opportunities, but assault convictions are especially challenging, because people often make assumptions about what they consider violent crimes. 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.
You have the right to speak with an attorney before answering any questions and that is exactly what you should do. An aggravated domestic assault is usually a Class C felony. How to beat a domestic assault charge in tennessee law. All too often, there are false accusations of domestic violence whether due to misinterpretation or purposefully. I am confident that if you are taking the time to read this material that you will make the effort to present yourself professionally when you appear in Court.
In Tennessee, domestic assault is a class A misdemeanor offense in most situations. In Tennessee, domestic violence offenses are punishable with harsh criminal penalties. A defendant has the right to remain silent. If the attorney has signed on to your case and spoken with the prosecutor, the prosecutor will want to investigate those facts. To set up a consultation, call 615-444-7222 or fill out our contact form. Basic Domestic vs. Aggravated Domestic Assault Charges in Tennessee. The phrase domestic violence is used in many states to categorize abuse cases where the suspect and the victim are related. There are also consequences throughout the criminal proceedings. It is important to have an experienced attorney represent you during these proceedings. This is not the time to try to represent yourself. I've been in this courtroom before, and I feel like I got a better deal last time. If there are no physical markings to match the alleged assault or the accuser's story is not matching up with eyewitness testimony, there may not be enough evidence to proceed and the charges can be dismissed.
In order to proceed with their case, the prosecution needs the accuser to help build their case as well as abide by certain rules throughout the court process. This is rare though. If the child is eight years old or younger, child abuse is a Class D felony offense. S. Domestic Assault and Aggravated Domestic Assault | Hindman & Lanzon. M. Attorney Stephen and investigator Tim were very professional with meR. A seasoned criminal defense lawyer can answer any questions you may have about complying with such an iminal Consequences of a Domestic Violence Conviction.
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. Now the criminal justice system is often more worried about being perceived as being tough on domestic violence crime than it is about being fair to the accused. To expunge court records you must make that request to the court. I repeat, if the cops get called, someone is going to jail. Our Firm Believes in Transparent Communication. What should I do to help with process? Tennessee Domestic Violence Lawyers | Davis Law Firm. What are the penalties for Lebanon, TN assault charges? This is likely determined by involved individual or witness stories. When advocates demanded change and demanded that domestic violence offenders be arrested, tried, and convicted the criminal justice system responded. Therefore, whether the victim wants to prosecute or not is irrelevant in terms of dismissal. If so, the penalties you face can be more severe. Call us today to schedule your initial consultation at 865-354-3333.
The person calling the police may believe that the case is a matter of her complaint or his complaint against a violent husband, wife, domestic partner, or another family member. Tennessee law requires that police officials arrest the "primary aggressor. " Usually the only difference is that the defendant and the victim have a relationship. Furthermore, you may face additional fines and penalties if your assault charges are considered hate crimes, if you were under the influence of drugs or alcohol, or if you are accused of any gang-related activities. Over 35 Years of Criminal Defense Experience. How to beat a domestic assault charge in tennessee in 2020. The police do not take allegations of lightly. Should I speak with A DA or no? Potential Punishment. During that time, the offender may need to adhere to probationary guidelines, attend counseling, or complete community service. The State of Tennessee bears the burden of providing evidence through witness testimony to move forward with its case. As the contents of this article are based almost entirely upon my personal experience and opinions developed from nearly 30 years of criminal trial experience as a prosecutor and defense attorney including at least two hundred criminal jury trials the use of legal and research citations will be omitted. THE DEFINITION OF AGGRAVATED ASSAULT IN TENNESSEE: In Tennessee, Aggravated Assault is a complicated violent felony charge that is defined a variety of ways under Tennessee law.
Why Do Domestic Violence Charges Get Dropped? 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. There have been a rash of complaints lately involving passengers in Uber or Lyft vehicles, claiming they have been assaulted by their drivers. Over 15 Years of Combined Legal Experience.
Whether it's financial or emotional, even though a domestic situation plays out, it doesn't necessarily mean the end of the relationship. Class B misdemeanor (simple assault) – a maximum jail sentence of 6 months and/or a fine of up to $500. If you are actually convicted of this crime, the result could have consequences that will haunt you for the rest of your life. If in the future I need legal assistance they would be my first call. With the victim's advice to the prosecuting attorney on these matters, the prosecuting attorney and the attorney may be able to make arrangements for treatment of the underlying problems that led to domestic violence. However, in most cases proof that you are seeking therapy can also be highly beneficial in getting a more favorable resolution in your case and / or in getting the Court to modify any criminal orders of protection that may have entered. Don't let a simple bar fight ruin your life! 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. He works in many areas, including divorce, custody, criminal, and personal injury. This is often done by negotiating some type of diversionary program such as counseling or anger management class, or community service. Never talk to the police without calling and speaking with an experienced criminal defense lawyer from Davis Law Firm first.
Visit for more information about this legal issue and other legal issues. 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. That is why it is so important to hire a skilled and experienced domestic violence attorney to protect your best interests. You should not hire a private attorney just because you found one that is cheap enough for you to afford. Simple assault is a misdemeanor charge, but do not be lulled into thinking it is not serious. Or maybe you struck another person intentionally with the ultimate goal of hurting them. Domestic violence cases generally involve violent crimes between individuals who currently have or previously had a relationship with each other, or who are related or live in the same household. If you ever have any questions as to why your case was reset, one of our attorneys will take the time to answer that question just as we do with any other questions. Additional consequences for a domestic violence conviction include a permanent criminal record, loss of the right to vote, and difficulty finding employment or applying for housing. Most domestic violence cases settle in general sessions court. Click below for general criminal defense information and to learn more about theCriminal Defense Attorneys at Maniatis Law PLLC. "Cooling Off Period". Every case is different, and no general rule exists which encompasses every scenario in this situation.