Defending Against Domestic Assault And Violence Accusations In Tennessee
Domestic violence and domestic assault charges are often much more complex than they initially appear. False accusations are not uncommon. In any event, allegations of domestic assault do not have to define your future.
My name is Brian Clay Johnson. As a former prosecutor, I understand the intricacies of domestic assault cases. I have dedicated my legal practice and firm, the Johnson Law Firm in Jackson, to providing aggressive criminal defense strategies to those who have been accused of crimes. With over 20 years of experience, I advocate for my clients in and around the Jackson community and throughout West Tennessee.
Understanding Domestic Assault And Domestic Violence Crimes In Tennessee
In Tennessee, prosecutors can bring several charges related to domestic assault and violence. I defend my clients in Tennessee from allegations of:
- Domestic assault: Domestic assault involves causing bodily harm or attempting to harm a family or household member.
- Aggravated assault: Aggravated assault charges include the use of a deadly weapon to threaten or cause serious injury to a family member.
- Stalking: Stalking charges allege repeated harassment or following a person, causing them fear.
- Violation of a protective order: Ignoring a court order meant to protect a family or household member from harm can lead to additional charges.
Penalties for conviction of a domestic violence crime can vary widely, depending on the facts and circumstances of the situation. A conviction can result in a range of severity from fines and probation to imprisonment. A domestic assault conviction can also lead to a loss of firearm rights and impact child custody arrangements.
Is Domestic Assault A Felony?
Domestic assault charges range from misdemeanor to felony classifications depending on the situation’s details. Various factors can lead to felony charges. These include:
- The severity of the injuries
- Use of a weapon
- Threatening someone with a weapon
- Prior convictions
Any of these factors can elevate the domestic violence charge to a felony. Felony charges carry more severe penalties, including longer prison sentences and higher fines.
Aggressive Defense For Domestic Violence Crimes
When accused of a violent crime like domestic assault, an aggressive and strong criminal defense attorney can make all the difference in the outcome of your case. I recognize the sensitivity of these cases and the profound impact they can have on your life, especially if you’ve been falsely accused.
False accusations can often arise in heated situations, such as a breakup or divorce. I am committed to providing you with a strategic and zealous defense. Meanwhile, I understand the unique challenges these cases present, and I will work tirelessly to protect your rights and reputation.
Frequently Asked Questions: Tennessee Domestic Assault
Facing domestic violence allegations in West Tennessee requires an immediate understanding of the legal process. Below are answers to frequent questions regarding Tennessee domestic assault cases.
Will I face jail time for a first-time domestic assault charge?
In Tennessee, domestic assault is typically a Class A misdemeanor (Tenn. Code Ann. § 39-13-111). This carries a maximum penalty of 11 months and 29 days in jail and a fine of up to $2,500. If the case involves only provocative or offensive physical contact, it may be charged as a Class B misdemeanor.
While jail is not mandatory for every first-time offender, it remains a possibility, particularly if the incident involved physical injuries. We help clients pursue alternative resolutions, such as judicial diversion (Tenn. Code Ann. § 40-35-313). Diversion allows eligible first-time offenders to serve a period of probation and attend domestic violence counseling. Upon completion, the court dismisses the charges. You may then be eligible for expungement, although the Tennessee Bureau of Investigation (TBI) keeps a nonpublic record of the diversion.
Can my case be dismissed if the victim decides not to press charges?
A common misunderstanding is that the accuser has the power to drop the charges. Once police make an arrest, the case is titled The State of Tennessee vs. [Defendant]. The District Attorney holds the sole authority to dismiss the case.
Even if a spouse or partner recants their statement or signs an “Affidavit of Non-Prosecution,” the state can proceed. Prosecutors often rely on independent evidence, such as 911 recordings, photos, or witness testimony. We focus on identifying weaknesses in this evidence to advocate for a dismissal.
I have been falsely accused. How can I prove my innocence?
False accusations often arise during divorce or child custody matters. We build a defense by gathering evidence such as text messages, emails or social media posts that contradict the accuser’s claims. Our team also reviews police reports for inconsistencies, interviews witnesses, and examines digital evidence like GPS data or surveillance footage to establish an alibi.
What are the long-term consequences of a conviction?
A conviction carries penalties beyond jail time. Under the federal Lautenberg Amendment (18 U.S.C. § 922(g)(9)), anyone convicted of a misdemeanor crime of domestic violence is generally prohibited from possessing firearms or ammunition for life.
In Tennessee, a conviction results in a permanent criminal record visible to employers and landlords. Additionally, Tennessee family courts may use a domestic assault conviction as a factor when determining visitation or custody rights. Because of these stakes, we work to resolve cases in a way that avoids a final conviction.
Consult A Jackson Domestic Assault Defense Lawyer
If you have been accused of domestic violence or are facing charges of domestic assault, I am available for confidential initial consultations. You can schedule an appointment by calling me at 731-260-8235. You can also send me a message through my website. I look forward to answering your questions and telling you more about how I can defend your rights and best interests.