Domestic Violence Penalties

In domestic violence cases, the defendant may be subject to a restraining order, enhanced penalties for a conviction, and the loss of civil liberties. If you have been arrested for domestic violence, you can fight to minimize the consequences with a qualified Nashville domestic violence lawyer. Bernie McEvoy has experience defending individuals in criminal cases throughout Davidson and Williamson Counties, and can handle any misdemeanor or felony domestic violence case. He understands the harsh impact of domestic violence penalties and can work to help you avoid a conviction.

Domestic violence cases in Tennessee are committed between people who have a domestic relationship. Some of the criminal offenses that may be charged in a domestic violence case are domestic assault, aggravated domestic assault, child abuse, sexual battery, stalking, and other violent crimes. If you are convicted of a domestic violence offense, you will be subject to criminal penalties as well as other consequences that may significantly and permanently affect your life. In general, the criminal penalties that may be imposed for a domestic violence conviction include incarceration, probation, and/or a fine. The defendant may also be ordered to pay court costs and possibly other fees associated with the offense. Ultimately, the sentence will depend on the type of offense, the defendant’s criminal history, the presence of any aggravating circumstances, and potentially other factors.

In Tennessee, many domestic violence crimes are charged as misdemeanor offenses. Domestic assault, for example, is typically a Class A misdemeanor. A domestic assault conviction is subject to the same penalties as simple assault, as well as enhanced punishment for an assault committed against a domestic abuse victim. Accordingly, a first-time conviction for domestic assault may be punishable by a sentence of up to 11 months and 29 days in jail, a maximum fine of $15,000, and an additional fine of up to $200. A second domestic assault conviction may result in an additional fine of between $350 and $3,500 and a mandatory minimum jail sentence of 30 days. The penalties increase for subsequent domestic assault convictions, while a third conviction may constitute a felony offense. As part of a defendant’s alternative sentencing, the judge may also order the defendant to complete a drug or alcohol treatment program, or another counseling program that addresses violence and control issues. Failure to complete these conditions can mean a probation violation with additional jail time. A seasoned domestic violence lawyer can help you seek to minimize the penalties of this type of violation.

A domestic violence case will also result in a temporary and possibly permanent restraining order against the accused. Initially, the accused will be subject to a no-contact order after being released from jail, which prohibits communication and interaction with the alleged victim until the matter is resolved. The alleged victim may also request that a domestic violence injunction or an order of protection be issued against the defendant for a longer term. In addition, if a defendant pleads guilty or is found guilty of a domestic violence offense, the judge will order them to give up all firearms in their possession within 48 hours. A person with a domestic violence conviction will never be able to lawfully possess or buy a hunting rifle, handgun, or any other firearm from the moment of conviction, and possession of a firearm thereafter may result in criminal charges. A conviction for domestic assault becomes part of your permanent criminal record and cannot be expunged under Tennessee law in most cases. Defending against a domestic violence charge may be crucial to avoid a conviction and the resulting consequences.

If you are facing charges for domestic assault or any other criminal offense in the Nashville area, defense attorney Bernie McEvoy can assist you. He represents defendants throughout Davidson and Williamson Counties, in addition to Franklin and Nashville. Request a free consultation to discuss a domestic violence or spousal battery case by calling (615) 255-9595 during the day or (615) 804-8779 on evenings and weekends, or contacting the Law Office of Bernie McEvoy online.