Tennessee defines domestic assault as a physical attack against a family or household member. It is a Class A misdemeanor that will stay on your record forever.
Victims of domestic assault can include:
- current or former spouse;
- person who the alleged offender lives with or previously lived with;
- person who the alleged offender is dating or has previously dated;
- someone alleged offender is related to (by blood or adoption); or
- minor or adult child of the alleged offender or household member.
When you are charged with assault on any of the above mentioned parties, it’s important to seek the defense of an experienced domestic assault attorney. If convicted, you could face severe consequences that will follow you for the rest of your life.
Simple Assault vs. Aggravated Assault
Depending on the severity of the crime, a person can be charged with either simple or aggravated assault.
Simple Assault is:
- intentionally, knowingly, or recklessly causing injury to a person;
- causing a person to fear the possibility of injury; or
- causing physical contact with a person that a rational person would find offensive or provocative.
Aggravated Assault is:
- intentionally, knowingly, or recklessly causing injury to a person;
- committing an assault using or brandishing a weapon;
- intentionally or knowingly attempting to strangle a person; or
- intentionally or knowingly causing or attempting to cause injury to another person while under an order or probation to prohibit such actions.
Penalties for Assault
A person can either be charged with a misdemeanor or felony for domestic assault in Tennessee.
Simple assault is a Class A or B misdemeanor:
- A Class A misdemeanor is punishable by up to 11 months and 29 days in jail, a fine up to $2,500, or both.
- A Class B misdemeanor is punishable by up to 6 months in jail, a fine up to $500, or both.
Aggravated assault is a Class C or D felony:
- A Class C felony is punishable by 3 to 15 years in prison and a fine up to $10,000.
- A Class D felony is punishable by 2 to 12 years in prison and a fine up to $5,000.
Additionally, the alleged offender will lose their right to carry a firearm permanently as well as pay a fine that is used to fund family violence shelter programs.
Reach Out to Patton | Pittman Attorneys
A domestic assault conviction will go on your permanent record. If you have been arrested for domestic assault and are facing criminal charges, contact our firm today. We have a combined total of 100+ years of legal experience and can help you negotiate for a favorable outcome.
Contact us online or call us at (931) 361-4477 for a FREE consultation.