Defenses for Drug Charges Resulting From Traffic Stop
Domestic violence charges have the power to rip a family apart and put a person behind bars for years, which is why if you are currently facing these charges, you need a knowledgeable Memphis domestic violence defense lawyer on your side. Contact Ballin, Ballin & Fishman, PC today.
Tennessee courts take domestic violence charges very seriously, which is why you should as well. The best defense against a domestic violence charge is a knowledgeable Memphis criminal defense lawyer.
Domestic violence in Tennessee is defined as committing an act of domestic assault on a current or former spouse, roommate, dating or sexual partner, or anyone related by blood, adoption, or marriage. An act of assault between parent and child is also considered an act of domestic violence. Tennessee law also includes adults or minors who currently or formerly lived together, as well as the adult or minor children of anyone in these categories, within its definition of a “domestic abuse victim.”
Assault is defined as intentionally, knowingly, or recklessly causing bodily injury to another person, or intentionally or knowingly causing another person to reasonably fear imminent bodily injury. An act of physical contact that a reasonable person would consider extremely offensive or provocative is also considered assault in Tennessee. You should understand that domestic violence can occur across all genders, races, and sexual orientations.
If you are accused of domestic violence, the circumstances surrounding the alleged offense will determine the specific penalties you face. The consequences for various domestic assault and aggravated assault charges in Tennessee are as follows:
You should also note that if you’ve been convicted of an act of domestic violence in the past and this is your second or subsequent charge, you can expect to face additional penalties, including mandatory minimum jail terms and higher mandatory fines set by statute, along with possible restitution to the victim. Any degree of domestic assault requires the attention of an experienced Memphis domestic violence defense lawyer.
Tennessee law imposes escalating mandatory penalties for repeat domestic assault convictions involving bodily injury. A second conviction carries a mandatory minimum of 30 consecutive days in jail and a fine ranging from $350 to $3,500, and these days cannot be suspended or served on weekends. A third or subsequent conviction can be charged as a Class E felony, carrying a mandatory minimum of 90 consecutive days in jail and a fine of $1,100 to $5,000. An experienced Memphis criminal defense lawyer can explain how these enhancements may apply to your situation.
Yes. If you are convicted of a domestic assault offense in Tennessee, the court must order you to dispossess yourself of all firearms in your possession, generally within 48 hours of the conviction. A domestic violence conviction can also trigger a separate, long-term firearm prohibition under federal law, which is why it is critical to speak with an assault defense attorney before entering any plea.
Domestic violence charges can alter your life forever. Don’t make the mistake of hiring just any attorney to represent you at this critical time. Our firm is here to help. Contact Ballin, Ballin, & Fishman, PC today to schedule your free initial consultation with our aggressive legal team.
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