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Domestic Assault
TENNESSEE CRIMINAL DEFENSE
Protect Yourself, Your Family, and Your Reputation
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.
​It may surprise many people that if police are called to a domestic disturbance and there is evidence of physical abuse, they are, in effect, required by law to arrest one of the people involved. This is often a difficult determination to make, and though no fault of their own, officers often make the wrong decision.
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Domestic assault cases typically arise in the midst of divorce, and it is important to have a criminal defense attorney that understands the very trying nature of divorce and has worked with divorce attorneys in the past to achieve excellent outcomes.
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Domestic assault is often considered more serious than a simple assault. Essentially, domestic assault is the same as assault, but involves two or more people in a domestic relationship, which can include spouses, girlfriends, boyfriends, roommates, or adult children. There are two big differences in terms of how domestic assaults are handled. First, any conviction for domestic assault will result in the defendant not being able to own or carry firearms at any point in the future. Second, many prosecutors’ offices have attorneys dedicated specifically to prosecuting domestic assault and who have greater expertise in this area.
Types of Domestic Assault and Penalties in Tennessee:​
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Simple Domestic Assault – Bodily Injury – Class A Misdemeanor
This is the most common form of domestic assault in Tennessee. It applies when someone intentionally, knowingly, or recklessly causes bodily injury to a person in a domestic relationship—such as a spouse, romantic partner, roommate, or family member. Importantly, Tennessee law defines “bodily injury” broadly—it doesn’t have to be serious or visible. Pain, redness, or swelling can be enough to support this charge.
Potential Penalties:
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Up to 11 months, 29 days in jail or supervised probation
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Fines up to $15,000
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Mandatory 12-hour hold before release
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Automatic no-contact order
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Mandatory domestic violence counseling
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Permanent loss of firearm rights under federal law
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Simple Domestic Assault – Fear of Imminent Injury – Class A Misdemeanor
A person can be charged with domestic assault even if there’s no physical contact, as long as they intentionally or knowingly place a domestic partner in fear of immediate bodily harm. This can involve threatening gestures, verbal aggression combined with physical intimidation, or any behavior that causes the victim to reasonably believe they’re about to be harmed.
Potential Penalties:
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Up to 11 months, 29 days in jail or supervised probation
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Fines up to $2,500
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12-hour hold before release
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Automatic no-contact order
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May result in firearm prohibition
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Simple Domestic Assault – Offensive Contact – Class B Misdemeanor
This form of assault involves offensive or provocative physical contact without causing bodily harm or fear of injury. For example, poking someone during an argument, grabbing their wrist, or spitting on them could qualify. These cases often arise from verbal altercations that escalate into minor physical contact.
Potential Penalties:
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Up to 6 months in jail or probation
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Fines up to $500
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12-hour hold and no-contact order
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Conviction may still affect your civil rights and record
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Aggravated Domestic Assault – Serious Injury, Deadly Weapon, or Strangulation – Class C Felony
Aggravated domestic assault is a felony and applies when the alleged assault involves a deadly weapon (such as a knife, gun, or a blunt object), causes serious bodily injury (e.g., broken bones, deep wounds, unconsciousness), or includes acts of strangulation or attempted strangulation. These cases are taken extremely seriously by prosecutors and judges and often come with restrictive bail conditions, including mandatory GPS monitoring.
Potential Penalties:
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3 to 15 years in prison
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Fines up to $15,000
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Mandatory no-contact order
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Mandatory GPS monitoring
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Permanent loss of gun rights
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Aggravated Domestic Assault – Reckless Conduct – Class D Felony
This version of aggravated assault occurs when someone recklessly—not intentionally (as outlined above)—causes serious bodily injury to a domestic partner or uses or displays a deadly weapon in a reckless manner. A typical example might include throwing an object during a fight that unintentionally strikes and injures the other person.
Potential Penalties:
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2 to 12 years in prison
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Fines up to $15,000
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Mandatory no-contact order
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Mandatory GPS monitoring
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Permanent loss of gun rights
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Repeat or Habitual Domestic Assault – Class E Felony
Tennessee law increases the severity of a domestic assault charge when the defendant has two or more prior domestic assault convictions—even if those prior charges were misdemeanors. This habitual offender statute treats repeat offenses as a felony and carries enhanced penalties, including mandatory jail time and higher fines. Judges and prosecutors often view repeat cases as a pattern of abuse, which can significantly affect bail decisions, plea offers, and sentencing outcomes. The previous domestic assault must have occurred within ten (10) years to be enhanced to the mandatory minimum jail times.
Potential Penalties:
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Mandatory minimum 30 days on a second offense (A Misdemeanor)
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Mandatory minimum 90 days in jail on a third or subsequent offense (E Felony)
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1 to 6 years in prison
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Fines between $1,100 and $5,000
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Mandatory no-contact order
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Permanent loss of gun rights
Unraveling the Truth and Planning Your Defense
We investigate thoroughly, challenge evidence, and negotiate aggressively in Tennessee County courts to seek dismissals, reductions, or protective order quashals.
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Self-Defense or Defense of Others: Prove reasonable force used to protect yourself/family; medical records and witnesses support claims.
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Illegal Arrest/Seizure: Suppress evidence from warrantless entries or biased stops; file motions early in General Sessions Court.
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Lack of Evidence/Intent: Highlight insufficient proof of injury, contact, or relationship; expert testimony on "imminent fear" thresholds.
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Procedural Violations: Exclude coerced statements or Miranda breaches; challenge protective orders lacking probable cause.
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Plea Negotiations/Diversion: Secure reductions to disorderly conduct, anger management probation, or deferred prosecution for first-timers.
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Countering False Allegations: Uncover accuser motives via texts/emails; alibi witnesses, timeline inconsistencies, or polygraphs (advisory); cross-examine for recantations.​
