What are the Potential Penalties for Domestic Assault Charges?
Author: Ben Raybin
Contrary to popular belief, throwing objects or even touching someone can be considered domestic assault if the individual finds the contact offensive. If prosecuted under state law, you could face imprisonment, steep fines, and mandatory counseling, among other punishments.
Given the harsh penalties under Tennessee law, it is imperative that you obtain a Davidson County domestic violence lawyer to defend your interests.
Defining Domestic Assault
At Raybin & Weissman, our attorneys have experience defending clients facing charges of domestic assault, stalking, harassment, and sexual assault.
Under Tennessee law, domestic assault may involve any of the following acts against a family member:
- Intentionally, knowingly, or recklessly causing bodily injury to another person
- Intentionally or knowingly causing another person to fear imminent bodily injury
- Intentionally or knowingly touching another person in an offensive or provocative manner
Qualifying Relationships for a Domestic Assault Charge
To be charged with domestic assault, the victim must be either:
- A current or former spouse
- Someone you currently or formerly lived with
- A current or former romantic partner
- Related to you by blood or adoption
- Currently or formerly related to you by marriage
Punishments Under Tennessee Law
Tenn. Code §39-13-111 lays out the penalties for a domestic assault charge:
First Conviction
If you cause another person bodily injury or fear of bodily injury, this is a class A misdemeanor. A class A misdemeanor is punishable by up to 11 months, 29 days in jail, and a potential fine of $2,500. Touching someone in an offensive or provocative manner is classified as a class B misdemeanor. It is punishable by up to six months in jail and a $500 fine.
Second Conviction
A mandatory fine of $350, with a maximum fine of $3,500, with mandatory minimum imprisonment of 30 days, with potential imprisonment of 11 months, 29 days.
Third or Subsequent Conviction
A Class E felony, punishable by mandatory minimum imprisonment of 90 days, with a minimum fine of $1,100 and a maximum fine of $5,000.
Victim Restitution and Compensation Fund
A domestic violence charge can result in time behind bars and financial penalties. As a condition of probation, you may be ordered to pay the victim restitution. As of 2022, the state of Tennessee has made paying restitution a priority, above statutory fines and court fees. Additionally, victims may be eligible to recover compensation from the Criminal Injuries Compensation Fund. This is a state fund that reimburses victims for medical expenses, lost wages, and other costs related to a criminal offense.
Combating Domestic Assault Charges
While the immediate consequences of a domestic assault charge can be alarming, long-term consequences can destroy your prospects of getting a well-paying job, a suitable apartment, or having access to your children. Even if the accusations against you are exaggerated or falsified, disproving these allegations can be difficult. This is especially true in domestic assault cases, in which the jurors may have an emotional connection to abusive behavior.
The domestic violence lawyers at Raybin & Weissman understand the seriousness of a domestic assault accusation. We will work tirelessly to craft a well-tailored defense to keep your record clean and your name in good standing. If you are found guilty, we are not afraid to appeal the decision.
Davidson County Domestic Violence Lawyers Fighting for You
If you are facing domestic assault charges, obtaining experienced representation immediately is a must. Our Davidson County domestic violence lawyers are skilled litigators, tailoring their approach based on the specifics of each case. If you are ready to work with a firm that will go the extra mile for you, look no further than Raybin & Weissman. If you are interested in arranging your free consultation or to learn more, contact us online or by phone today.