Could You Be Charged with Domestic Violence?
A conviction on a domestic violence charge can have serious consequences that include jail time, fines, and a decrease in social standing. Effectively fighting domestic violence charges is challenging, but the consequences of failing to do so can be life-altering. Protect your legal rights and your future by reaching out for the professional legal guidance of an experienced Nashville domestic violence attorney today to learn how to beat a domestic assault charge in TN.
Domestic Violence
The charge of simple assault in the State of Tennessee rises to the level of domestic violence when certain parameters are met.
Domestic Assault
The assault portion of the charge refers to any of the following actions:
- Causing bodily injury to someone else either intentionally, knowingly, or recklessly
- Causing someone else to reasonably fear they will suffer imminent bodily injury
- Causing physical contact with someone else that they reasonably find extremely provocative or otherwise offensive
The Element that Makes It Domestic Assault
If the alleged assault in question involves any of the following relationships, the law classifies it as domestic assault:
- Between current or former spouses
- Between current or former romantic partners
- Between current or former roommates
- Between people who are related by blood or adoption
- Between people who are related by marriage or who were related by marriage
- Between a parent and child, whether the child is an adult or a minor
- Between family members
- Between members of the same household
When Domestic Assault Becomes Aggravated Domestic Assault
When the alleged domestic assault involves the use of a deadly weapon or attempted strangulation or leads to serious bodily injury, the charge is aggravated domestic assault. The charge of aggravated assault can also apply when the accused is in violation of a restraining order. Serious bodily injury in this context means an injury like a broken bone or something that requires hospitalization. While fists and feet do not qualify as deadly weapons in Tennessee, nearly anything else that can cause serious harm does.
Arrest
It’s important to note that domestic violence charges are often the result of emotionally charged exchanges that get out of hand. If the other person calls 911 and accuses you and the officer who arrives has probable cause to believe that you committed a crime related to domestic abuse, they can arrest you without first obtaining a warrant. This is true regardless of the severity of the offense and regardless of whether the officer witnessed the alleged offense. Further, if a weapon is alleged to have been used in the commission of the alleged domestic violence in question, it must be seized.
In other words, a domestic violence charge doesn’t require a considerable amount of evidence against you, which makes working closely with a seasoned domestic violence attorney paramount.
Seek the Legal Guidance of an Experienced Nashville Domestic Violence Attorney
The practiced Nashville domestic violence attorneys at Raybin & Weissman recognize just how serious charges related to domestic violence are, and we dedicate our practice to fiercely defending the rights of all our valued clients. We’re here to help, so please don’t wait to contact or call us at 615-256-6666 for more information today.