What You Need to Know When Charged With Domestic Violence
You should not take domestic violence charges lightly because a conviction can result in severe penalties and personal, professional, and social consequences for a long time. Domestic violence charges are often referred to as family offenses because of the victims involved. Domestic violence crimes are those committed against family members, intimate or romantic partners, and people in a household (including roommates who are not related).
If you’ve been charged with domestic violence, it’s in your best interest to talk to a Tennessee domestic violence defense attorney right away to start building your defense and get the charges dropped or mitigate the consequences of a conviction.
What Are Domestic Violence Charges in Tennessee?
Various offenses can be charged as domestic violence in Tennessee. Domestic assault or violence is not a specific crime in itself. It is a broad term encompassing different threatening offenses, such as:
- Assault and aggravated assault
- Stalking, including aggravated stalking
- Sexual assault, including rape, aggravated rape, sexual battery, aggravated sexual battery, statutory rape
The Penalties for a Domestic Violence Conviction Vary
If you’ve been charged a class B or class A misdemeanor charge for domestic violence, you are facing:
- Class B Misdemeanor – Six months of jail time and a fine not exceeding $500
- Class A Misdemeanor – 11 months plus 29 days of jail time and a fine of up to $2,500
If you’ve been charged a class D or class C felony charge for domestic violence, you are facing:
- Class D Felony – Imprisonment of two up to 12 years and a maximum fine of $5,000
- Class C Felony – Imprisonment of three up to 15 years and fine not exceeding $10,000.
It’s crucial to note that domestic violence charges are based on the specific circumstances of the incident. The prosecutor must evaluate whether your actions were reckless, gratuitous, or intentional. A conviction for domestic violence will also ban you from owning a firearm for life and may require you to complete a program geared to address potential impulse control and violence issues. A domestic violence conviction will also stay on your criminal record permanently.
What You Should Know About The 12-Hour Waiting Period for Domestic Violence Arrests
If you were arrested for a domestic violence offense in Tennessee, you normally must stay in jail for at least 12 hours following your arrest unless the judge determines that you are not a threat to the alleged victim. This mandatory 12-hour waiting period is intended to allow the person who has been arrested to “cool down” and allow the alleged victim an opportunity to take precautions for when the suspect is released.
While this is great for real victims of domestic violence, it is unfair for people who have been wrongfully accused. In some cases, a person may be subjected to a 12-hour hold even if it has been months since the alleged incident and the people have either reunited or separated entirely.
Discuss Your Case With a Seasoned Tennessee Domestic Violence Defense Attorney
If you have been arrested for or charged with domestic violence, reach out to the Tennessee domestic violence defense attorney at Raybin & Weissman to get started on your case. Fill out our online form or call 615-256-6666 to set up your free case consultation with our Tennessee domestic violence defense attorney.