Domestic Violence With Prior Convictions

Domestic violence accusations can have harsh consequences, particularly for people with prior convictions. In Tennessee, domestic violence offenses carry enhanced criminal penalties and the potential loss of some civil rights. A defendant with prior domestic assault convictions, however, is subject to further penalties and in some cases, a felony charge. If you have been arrested for domestic violence, you can hire an experienced Nashville domestic violence lawyer to represent you. Bernie McEvoy has handled criminal cases as both a former prosecutor and defense attorney. He can provide trustworthy advice if you are facing charges for domestic violence with prior convictions in Nashville and surrounding areas.

Tennessee domestic violence crimes encompass any misdemeanor offense that involves the use or attempted use of physical force, or the threatened use of a deadly weapon, and is committed by a person who has or has had a specific domestic relationship to the victim. Alleged victims of domestic abuse may include the defendant’s current or ex-spouse, parent, guardian, or someone similarly situated, a relative or in-law, a current or former roommate, or a current or former dating or sexual partner. The broad category of crimes and number of potential victims covered by these laws have resulted in a significant number of arrests and convictions for domestic violence. Repeat domestic violence convictions can have more serious consequences.

Domestic assault is a Tennessee crime charged in many domestic violence cases. Domestic assault is committed when a person intentionally assaults a domestic abuse victim. It covers assault by bodily injury, imminent fear of bodily injury, and extremely offensive physical contact, among others. A domestic assault conviction carries the possibility of jail time, probation, fine, plus enhanced penalties for domestic violence, which may include an additional fine, mandatory alcohol and drug abuse treatment, and/or a counseling program for violence and control issues. A domestic violence conviction means losing the right to buy or possess firearms. A person arrested for domestic violence many also be subject to a restraining order or an order of protection.

In Tennessee, these penalties are increased when the defendant has one or more prior domestic assault convictions within the past ten years. Jail time, rather than parole, becomes more likely with each conviction. For a second domestic assault conviction with bodily injury, the defendant may be required to serve at least the minimum 30 day jail sentence and pay a fine of up to $3,500, in addition to the penalties imposed for an assault conviction. A third or subsequent conviction for domestic assault causing bodily injury to the victim is punishable by an additional fine of up to $5,000 and a minimum of 90 days in jail.

In some situations, a domestic violence offense with prior convictions can result in a felony charge. Domestic assault is a generally a Class A misdemeanor offense for causing bodily injury or a reasonable fear of imminent bodily injury, and a Class B misdemeanor for extremely offense physical contact. If the defendant has at least two prior domestic assault convictions for causing bodily injury to the victim, a subsequent offense against a current or former spouse, dating or sexual partner, or the minor child of such persons, is a Class E felony. A conviction carries a mandatory minimum 90-day jail sentence.

An attorney can defend against the charges you face and work towards a favorable outcome. Lawyer Bernie McEvoy has the dedication and experience to assist people who have been arrested for stalking, criminal trespass, and domestic violence with prior convictions. He represents defendants in locations throughout Davidson and Williamson Counties, including Franklin and Nashville. Contact the Law Office of Bernie McEvoy today and request your free initial consultation. We are available by phone at (615) 255-9595 during daytime hours and (615) 804-8779 after hours and weekends, and online anytime.