What is Domestic Assault?
An assault is classified as a domestic assault when it is committed against a victim who is a family or household member including:
- a current or former spouse of the offender
- person with whom the offender resides or previously resided
- person who the offender is dating or previously dated or someone with whom the offender has or previously had a sexual relationship
- someone with whom the offender is related by blood or adoption
- a person with whom the offender is or was related by marriage
- an adult or minor child of the offender or a family or household member.
What are the Penalties for Domestic Assault?
In the past, when police answered a call about a domestic disturbance, they would often leave the scene without arresting anyone if the situation had calmed down; that is no longer the case. Today, police will very rarely leave the scene of a domestic violence call without having someone in handcuffs.
The penalties for domestic assault in Tennessee are the same as those for other assault crimes, with one major difference: if you are convicted of domestic assault, you will lose your right to own or carry a firearm forever.
What are the Penalties for Assault?
As stated above, the penalties for domestic assault are identical to those of simple and aggravated assault:
Simple assault can be either a Class A or Class B misdemeanor. A Class A misdemeanor is punishable by up to 11 months and 29 days in jail or a fine up $2500, or both. A Class B misdemeanor is punishable by up to six months in jail or a fine up to $500, or both.
Aggravated assault is a Class C or Class D felony, depending on the circumstances. A Class C felony is punishable by 3 to 15 years in prison and a fine up $10,000. A Class D felony is punishable by 2 to 12 years in prison and a fine up to $5000.
Again, domestic assault carries the unique stipulation that you lose the right to own or carry firearms for life, even if you are convicted of misdemeanor assault.
Can a Conviction for Domestic Assault Be Expunged?
No. If you are convicted of domestic assault in Tennessee, that conviction will be on your criminal record forever. In addition, you will never be able to buy or possess a firearm - all weapons must be surrendered upon conviction, usually within 24 hours.
The grave consequences of a conviction for domestic assault are why it is very important that you hire a Nashville criminal defense attorney who has experience with assault cases.
As an assistant district attorney, Don Himmelberg prosecuted many assault cases; now, he aggressively defends those accused of all types of assault, whether the charges are for simple, aggravated, or domestic assault.
Don’t let a mistake that happened “in the heat of the moment” be a permanent mark on your criminal record - call Don Himmelberg, a Tennessee defense lawyer, for a free consultation today.