Felony Domestic Violence

A felony criminal record can have a significant impact on your life and possibly limit your options in the areas of employment and housing. In felony domestic violence cases, moreover, there are usually additional consequences to consider. Nashville domestic violence lawyer Bernie McEvoy represents defendants in felony domestic violence cases throughout Davidson and Williamson Counties, and he understands the importance of a well-prepared defense. If you are facing a felony charge for domestic violence, Attorney McEvoy can advocate for your best interests.

Domestic violence cases generally involve violent crimes between individuals who currently have or previously had a relationship with each other, or who are related or live in the same household. In Tennessee, domestic abuse victims are defined as current or former spouses or dating partners, family members by law or blood, roommates, household members, their children, and other individuals as provided by law. Many domestic violence offenses, including domestic assault, are typically misdemeanor offenses. In some cases, however, the defendant may be facing a felony domestic violence charge.

Assaulting a domestic abuse victim may result in a domestic assault charge. In Tennessee, a third domestic assault offense may be charged as a felony if the defendant and the alleged victim are or were married, dating, or involved in a sexual relationship with each other, or if the alleged victim is the minor child of any such person. In addition, the defendant must have two convictions within the previous 10 years for domestic assault that caused bodily injury. In these situations, domestic assault is a Class E felony.

Certain factors may elevate domestic assault to a felony charge for aggravated assault. For example, aggravated assault includes the assault of a child by their parent and the assault of an adult by their caregiver. A parent or caregiver who fails to protect their child from an aggravated assault may also be charged with aggravated assault. If a deadly weapon is used or displayed during an assault against a domestic abuse victim, or if the domestic abuse victim suffered a serious bodily injury, the defendant may be charged with aggravated assault. Aggravated assault may be a Class C or Class D felony, depending on the circumstances.

Child abuse is a criminal offense if it involves knowingly inflicting an injury on a child. If the child is eight years old or younger, child abuse is a Class D felony offense. Child abuse includes knowingly abusing or neglecting a child in a way that adversely affects their health and welfare. Child neglect is considered a Class E felony if the victim is eight years old or younger.

Aggravated child abuse is a Tennessee felony offense that includes additional exacerbating factors. It may be charged in cases of especially cruel abuse, or if the abuse resulted in serious bodily injury to the child, or if a deadly weapon, dangerous object, drug, or controlled substance was used. Aggravated child abuse includes any neglect or endangerment resulting from the child’s exposure to methamphetamine manufacturing. Aggravated child abuse is a Class A felony if the child is eight years old or younger, or has a mental or physical disability. In other cases, it is a Class B felony.

Sex crimes such as sexual battery, when committed against a domestic abuse victim, may result in a felony domestic violence charge. Sexual battery is a Class E felony offense in Tennessee, and aggravated sexual battery is a Class B felony in most cases. However, some circumstances may result in a higher class of felony for a sexual battery offense.

Attorney Bernie McEvoy provides skilled representation to individuals accused of domestic violence. He can assist people in Nashville and Franklin, as well as many other locations throughout Davidson and Williamson Counties. If you have questions about a domestic violence case, contact the Law Office of Bernie McEvoy and arrange a free consultation. We are available online and by phone at (615) 255-9595 during the day and (615) 804-8779 after hours and on weekends.