Knoxville Domestic Violence Lawyer
Standing Up for the Accused in Tennessee Since 1991
Domestic violence accusations are common in Tennessee and throughout the country. While a common charge in courts, these types of accusations are not treated lightly. Tennessee courts take such allegations seriously and have harsh penalties that can be applied in cases where the defendant has been proven guilty. These cases commonly occur after a domestic call to law enforcement who will generally arrest and charge whomever they feel is the primary aggressor even if the “victim” does not later want to press charges. The decision to move forward with the charges rests entirely in the hands of the prosecutor.
Domestic violence charges are often based on one party’s word against the other; claims can be exaggerated, misleading, made in the heat of the moment, or blatantly false. If you have been accused, ensuring that you have aggressive representation is imperative. Your reputation and future can be negatively affected. It is critical that you immediately reach out to a reputable and trusted law firm who has the knowledge and power to protect you and your future. At The Bosch Law Firm, P.C., you will find exceptionally experienced and capable legal help from a team of Knoxville domestic violence attorneys with a proven history of impressive results.
Domestic Violence Charges in Tennessee
In Tennessee, domestic violence is a common term for what the law refers to as “domestic assault.” If you have the intent to harm a family or household member, you can be charged with domestic assault. When the intent is raised to the level of causing “serious” harm to one of these individuals, you can be charged with “aggravated assault."
Those who can be involved in domestic assault cases include:
- Current or former spouses
- Individuals who live together or who have formerly lived together
- Individuals in a dating relationship or who have had a previous dating relationship
- Blood relatives or those related by adoption
- Individuals related by marriage
- Household members, both adults and minor children
- Unmarried individuals who have had a child together
You can be charged with domestic violence without ever having actually injured the other person. This is because assault is defined under Tennessee law in three separate ways. Simple assault can include “intentionally, knowingly or recklessly” causing injury, causing the other person to be afraid of “imminent” injury, or causing physical contact that the other person would find offensive. Thus, you could threaten to cause imminent injury without actually touching the “victim” which could be labeled as domestic assault.
What Qualifies as Aggravated Assault?
You could also find yourself facing aggravated domestic assault if you intentionally caused serious bodily injury to the alleged victim. Aggravated assault can also be charged if you committed assault while using a deadly weapon, such as a firearm, knife, hammer, or other object that could injure or kill. You can also face aggravated domestic assault charges for attempting to strangle the other person or when you are under some “order, diversion, or probation agreement.”
What are the Penalties for Domestic Violence?
Under Tennessee law, a charge of simple assault could be charged as a Class A or B misdemeanor. A Class A misdemeanor carries up to a year in jail and/or a fine of up to $2,500, while a Class B misdemeanor carries up to six months in jail and/or a fine of up to $500. You might also face having to pay restitution to the victim for medical treatment or other damages. You may also be ordered to complete certain programs, such as substance abuse rehabilitation or treatment programs or anger management programs.
Aggravated assault is a felony charge that can be punishable by two up to 15 years in prison and fines of between $5,000 and $10,000.
Consequences can also include restraining orders that force you to vacate a residence shared with the victim and that bar you from any type of communication with him or her. These orders can also contain other restrictions and rules. You will additionally face the prospect of moving forward with a permanent criminal record that can affect future employment, possession of firearms, housing, and other life opportunities.
We Offer Respected & Capable Legal Help
Our Tennessee domestic violence attorneys understand the high stakes involved in any domestic violence allegation. We urge you to take advantage of all that we have to offer by calling us as soon as possible. The sooner you call, the more time we can put our skills to work in creating an effective defense.
Contact The Bosch Law Firm, P.C. to schedule a FREE consultation!