Domestic Assault has its Consequences!

Domestic assault is often a serious charge arising out of dramatic or tragic events with a family member or someone you have a relationship with. A conviction can be devastating to your freedoms, relationships, and reputation. T.C.A. 39-13-111 sets out the definition for a “domestic assault victim.”

“domestic abuse victim” means any person who falls within the following categories:

1. Adults or minors who are current or former spouses;
2. Adults or minors who live together or who have lived together;
3. Adults or minors who are dating or who have dated or who have or had a sexual relationship, but does not include fraternization between two (2) individuals in a business or social context;
4. Adults or minors related by blood or adoption;
5. Adults or minors who are related or were formerly related by marriage; or
6. Adult or minor children of a person in a relationship that is described in subdivisions (a)(1)-(5) of the statute.

The assault perpetrated must be an act that violates the general assault statute T.C.A. 39-13-101 as set forth below:

1. A person commits assault who:
   1. Intentionally, knowingly or recklessly causes bodily injury to another;
   2. Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
   3. Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.

The statute prescribes the possible jail time and fines and is staggered by number of offenses. The distinction between a misdemeanor and felony for this charge depends on the number of offenses and convictions. However, there shall be no enhancement if more than ten years has passed from the last conviction for assault. Often these cases are a sensitive issue for those that do not want to lose their firearms during the term of probation or sentence. Upon conviction, the person must “terminate possession of all firearms” within 48 hours and must complete an affidavit of firearms dispossession. There can be adverse consequences to your immigration status if you are not a citizen of the United States. There will often be an order of protection parallel to this conviction meaning you can be in contempt of court if you come within physical proximity and/or have contact with the victim. Often times a person charged with domestic assault was not the aggressor and the police charge the wrong person.

As part of a defendant’s alternative sentencing for a violation of this section, the sentencing judge may direct the defendant to complete a drug or alcohol treatment program or available counseling programs that address violence and control issues including, but not limited to, a batterer’s intervention program that has been certified by the domestic violence state coordinating council. Domestic assault is one of those charges that cannot be expunged and this can have serious consequences with employment, housing, and other matters.