The Crime: Domestic Violence
Domestic Violence, also known as Domestic Assault, is a serious offense that can damage your record and your reputation. Seek help from a Knoxville Domestic Violence Lawyer at the Oberman & Rice Law Firm if you’ve been charged with domestic violence.
In Tennessee, a person may be convicted of the crime of Misdemeanor Domestic Violence or Domestic Assault (compared to the Felony crime of Aggravated Assault) if the state prosecutor proves beyond a reasonable doubt that the person intentionally, knowingly, or recklessly:
- Caused an injury to another person (including a scrape or minor bruise); or
- Caused another person to reasonably fear imminent bodily injury, typically through the use of a threat or show of force; or
- Intentionally or knowingly touched another person in an extremely offensive or provocative manner (e.g., pushing).
[Source: Tennessee Code Annotated § 39-13-101]
A conviction for Domestic Assault is typically a Class A Misdemeanor. A conviction for Domestic Assault in Tennessee will result in some or all of the following penalties:
- A sentence of up to 11 months, 29 days in prison;
- A probationary period;
- A fine of up to $2,500;
- Court costs.
However, if convicted of Assault in Tennessee as a result of intentionally or knowingly causing physical contact with another, and a reasonable person would regard the contact as extremely offensive or provocative, the crime would be a Class B Misdemeanor. The sentence under these circumstances may result in some or all of the following penalties:
- A sentence of up to 6 months in prison;
- A probationary period;
- A fine of up to $500;
- Court costs.
Additionally, federal law prohibits gun ownership or possession by any person convicted of Domestic Assault.
[Sources: Tennessee Code Annotated § 39-13-101 & 18 United States Code Annotated § 922(g)]
Why Hire A Knoxville Domestic Violence Lawyer?
It is important to act quickly in order to gather and preserve favorable evidence. Certain witnesses need to be interviewed as soon as possible. Key evidence (faces, dates, events, and conversations) fades from memory over time. Also, video recordings and other evidence may be destroyed. Therefore, it is critical to begin an investigation as soon as possible to ensure valuable evidence is not lost. Success or failure in any criminal case may be determined in the decisions of the defendant and his or her Tennessee Criminal Defense Attorney in only a few hours or days after an arrest.
Contact Us Today
If you or someone you know has recently been arrested, contact the Oberman & Rice Law Firm today so that we can begin preparing a defense for your case. Submit your information for a free case evaluation from our Knoxville criminal defense attorneys or call our office at 865-249-7200.
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