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Domestic Violence

In Tennessee, Domestic violence is a crime that carries long-term consequences beyond the initial criminal charge, fine, probation, and jail sentence.  Domestic violence is a crime that could alter the rest of your life by limiting your right to own and/or carry a firearm.  Not to mention the social stigma and financial consequences attached to a permanent criminal conviction. Under Tennessee law, Domestic Violence is a class A misdemeanor punishable by a fine not to exceed $2,500.00 and 11 months and 29 days in jail.  The penalties for domestic violence can be extremely harsh and long-lasting.  Please take these charges seriously.

Domestic violence charges are prosecuted aggressively throughout Tennessee. This is especially true for Nashville, Franklin, and the surrounding counties. Long gone are the days when domestic violence was a minor issue to be settled between husband and wife. Many jurisdictions vigorously pursue these offenses by establishing special domestic violence teams in the District Attorney’s Office. Once an arrest is made and the state gets involved, the “victim” cannot simply go to court and drop the charges. The State can and does take over. Legal representation is crucial in any domestic violence case. In fact, it is wise to hire an experienced domestic violence defense attorney immediately. This ensures that all possible defense theories can be explored in order to place the accused into an ideal position so that the negative consequences off a domestic violence conviction can be either completely avoided or mitigated.

What is Domestic Violence under Tennessee law?

In Tennessee, the law views an assault as threatening a person with bodily harm or force. An assault does not have to involve weapons or the actual use of force. Words alone are sufficient. The victim only has to be placed in fear of their aggressor. Usually, a routine assault becomes a domestic violence charge due to the nature of the relationship of the alleged victim and defendant. The relationship most of the time is either a husband/wife or boyfriend/girlfriend. However, roommates and other relationships may also qualify.

If a weapon is involved, the charges will be elevated to a felony aggravated domestic violence charge. Obviously, these felony charges and penalties will be more severe. The threat of force is a crucial factor in any domestic violence case. Remember, you are able to defend yourself in a reasonable manner in Tennessee. Under Tennessee law, you do not have a duty to retreat and you can defend yourself against force or the threat of force.

Notable Tennessee Domestic Violence Cases

Franklin, Williamson County, Tennessee Domestic Violence Case Dismissed. The police were dispatched to my client's home in reference to a domestic violence call. The alleged victim stated that my client "struck her in the face causing her to bleed." When the Brentwood Police arrived, my client was asleep in his bedroom and he denied any type of altercation with his wife. While being arrested and removed from his home, my client shouted "you fucking bitch, fucking drama queen." In court, I was able to show to the DA that my client’s wife did in fact have a history of drama. This was corroborated by independent sources and records. The State of Tennessee agreed to dismiss the charges and my client avoided a domestic violence conviction. His record is now sealed from public view. Case number 09-129.

Nashville Domestic Violence Case Retired. My client was charged with domestic violence after her husband alleged that my client struck her step daughter in the head several times. Furthermore, he stated that "her mother threatened to throw a fan at her and kicked her bedroom door open." After I showed the DA the husband's history of violence, he agreed to retire the case. My client avoided a criminal conviction and her record is now sealed. Case Number 09-044.

Domestic Violence Case Dismissed. My client was charged with violating Tennessee Code Annotated Section 39-13-111 (Domestic Violence). The victim alleged that the defendant was involved in a fight with his wife when he was trying to find out if she had a boyfriend. She further alleged that the accused grabbed her around the neck and struck the victim about her neck, face, and right arm. Furthermore, the victim, in turn, got angry when she found out that the accused had a girlfriend. This case was dismissed and my client avoided a Tennessee domestic violence conviction. Case number 07-035.

Nashville domestic violence charge expunged. My client was arrested and charged with domestic violence. The victim alleged he grabbed and punched her at a local restaurant following a heated discussion. My client’s wife filed domestic violence charges along with a restraining order. These charges were dismissed on the trial date. Case number 10-087.

If you need help with a Tennessee domestic violence case, give attorney Lee Martin a call at 615-345-1988. He has over 17 years of legal experience and knows how to get results. Put his years of experience to work for you in your pending domestic violence case.

I help good people restore their lives

-Lee Martin is a Nashville criminal defense lawyer who has gained national recognition as a DUI and criminal defense attorney.  With over a decade of experience, he knows how to get results in criminal defense cases.  If you are seeking an experienced criminal defense attorney, use his experiences to your advantage.  If you need help with a pending domestic violence charge, give him a call at 615-345-1988.

National Trial Lawyers Top 100 in the areas of DUI and criminal defense.

Advantages to having your record expunged

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