What Constitutes Domestic Assault in Tennessee?
By Author Ben Raybin
Tennessee law defines domestic assault as causing a family member or roommate bodily injury, fear of harm, or contact that a reasonable person would find extremely offensive. If you are facing allegations of domestic violence, these accusations must be taken seriously. Domestic assault charges will not go away on their own. The collateral consequences of a domestic assault charge can make it challenging to secure steady employment or adequate housing, threatening your entire future.
At Raybin & Weissman, P.C., our Nashville victims’ rights lawyers are dedicated to helping you secure the best possible case outcome, making your freedom our priority.
What is Domestic Assault in TN?
According to TCA § 39-13-111, domestic assault is intentionally or knowingly causing another person bodily injury, causing fear of imminent bodily injury, or touching that is perceived as offensive or provocative. Sometimes, the prosecution will attempt to allege a pattern of abusive behavior that is aimed at gaining control over another person as evidence to support a claim of domestic assault. This could involve physical or verbal abuse.
The following acts may be considered domestic assault under Tennessee law:
- Punching, hitting, or slapping another person
- Threatening to harm another person or their children
- Pushing or kicking another person
Who Can Be a Domestic Abuse Victim?
In Tennessee, a domestic assault charge may apply between persons with any of the following relationships:
- Anyone who currently lives together or used to live together
- Current or former spouses
- Anyone who dated, previously dated, or previously had a sexual relationship
- A family or household member
- Anyone who is related by blood, marriage, or adoption
Penalties for Domestic Assault
Law enforcement takes domestic abuse calls seriously, responding to the incident promptly. If you have been accused of domestic assault, you may be charged with either a Class A or Class B misdemeanor.
If you cause another person a bodily injury or imminent fear of harm, you will be charged with a Class A misdemeanor, which is punishable by 11 months, 29 days in jail, and/or a $2,500 fine. If you touch someone in a way that is construed as offensive or provocative, you will be charged with a Class B misdemeanor. You may be sentenced to six months in jail and/or fined $500 if convicted.
Under certain circumstances, you may be charged with aggravated domestic assault. This would include if you cause serious bodily injury, use a deadly weapon in the commission of your assault, or if strangulation is involved. Aggravated domestic assault is a felony, punishable by up to fifteen years in prison and/or a potential fine of $10,000.
Dedicated Counsel During Dark Times
While defending a domestic assault charge may seem hopeless, at Raybin & Weissman, P.C., we pride ourselves on identifying the weaknesses in the prosecution’s case. The state has to prove your guilt beyond a reasonable doubt, meaning that no person of reasonable intelligence would doubt that you committed an act of domestic violence. Suppose our Nashville domestic violence lawyers believe that there is insufficient evidence to meet this burden or that evidence was obtained illegally. In that case, we will file the appropriate motions with the court.
Consult with Our Nashville Domestic Violence Lawyers Today
A domestic violence charge may take you completely by surprise, threatening your financial security. Tennessee law enforcement and the district attorney’s office take reports of domestic assault seriously, imposing strict penalties for offenders. If you have been accused of domestic assault, now is the time to take legal action. To learn how our Nashville domestic violence lawyers can help you, contact us online or by phone today.