Dave was extremely professional but more importantly I was treated as a person not a case. He always returned calls and emails in a very timely manner. I would definitely recommend Dave to help with legal needs! -Jennifer S.

As someone who never had a lawyer, David made everything as simple as possible. He is very easy to communicate with and provides all the answers and support you will ever need. If I ever need a lawyer again, David will be my first choice to contact. -Andrew

I was falsely accused of something and had an order filed against me. Ben represented me during court and successfully had the order dismissed. He also went above and beyond to make sure it would not show up on my record. – Brittany.

Home » Blog » Careful pleading guilty to assault charge, you may lose right to carry firearm forever

Careful pleading guilty to assault charge, you may lose right to carry firearm forever

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A conviction for domestic assault or even a domestic assault that has been amended to simple assault will forever prevent that person from legally possessing a firearm. See United States v. Hayes, 129 S.Ct 1079 (2009). In such case, the defendant had previously been convicted of an assault where a domestic relationship was involved but not an element of his crime. The United States Supreme Court reviewed his conviction for the illegal possession of a firearm by someone previously convicted of domestic assault. The United States Supreme Court concluded that if a domestic relationship is proven that such facts were enough to trigger the federal law prohibiting the possession of a firearm by anyone with a conviction for domestic assault even if the domestic relationship is not an element of the offense.
In Tennessee, when a domestic relationship exists, an individual is generally charged under Tennessee Code Annotated 39-13-111 for domestic assault. In light of this United States Supreme Court decision, if your client likes to hunt, it is a better idea to try to amend the charge to vandalism, criminal trespass, or some other non-assault offense when negotiating a plea agreement since a plea to an amended charge of simple assault will not help.
If you are charged with an assault in Middle Tennessee or the Nashville area, be sure to hire a criminal attorney that can help protect your rights.