Domestic charge in Tennessee is a Class A misdemeanor punishable up to 11 months and 29 days in jail. This is the highest level misdemeanor in Tennessee in terms of punishment, but it is not a felony. Under Tennessee law it is defined as charge against a "domestic abuse victim." What constitutes a domestic abuse victim can be pretty broad, but it commonly includes citizen who are connected by blood or marriage, or citizen who have dated or had a sexual relationship. That can be a lot of dissimilar citizen in someone's life. It could be an in-law, a distant relative, or an ex-boyfriend or girlfriend.
A domestic violence payment and conviction can have serious consequences on a person's reputation, employment prospects, and wide well-being. If you've been expensed with domestic violence in Tennessee you need to know exactly what options you have, and what is the process for getting the case resolved most effectively.
German Town Memphis
Under Tennessee law, where a police officer has probable cause to believe a man has committed domestic violence, the police may arrest that person. Generally, to make a warrantless arrest for a misdemeanor the offense must be committed in the officer's presence; however there is an irregularity to this rule for domestic violence. As long as the police have probable cause, they may arrest the individual for domestic charge without a warrant and without having witnessed the offense.
Often in domestic cases it may appear that two or more citizen were committing domestic violence towards each other. In these cases the officer must rule who is the traditional aggressor, and may look at such factors as the history of domestic abuse between the parties, the severity of injuries inflicted on each person, evidence from the persons involved and witnesses, and either anything acted in self-defense.
A man expensed with domestic violence in Memphis, Tennessee, where I practice, will have dissimilar options on how to handle the case. They may always elect to have a trial; however, if there is a way to arrange of the case and keep it off the client's report without a trial I ordinarily advise that approach. One base way is to enroll in anger management classes.
The State's attorney will ordinarily allow the accused, if they do not have a prior record, to take anger management classes in lieu of further prosecution. Upon completion of the classes the client receives a certificate, which they would then bring to court and have the case dismissed. The client will have to pay court costs as well. Following the extraction and payment of costs, the client can have the faultless report of the case expunged.
Another selection might be to do what is often done in Collierville, a suburb of Memphis. In Collierville the prosecution will often dismiss a domestic violence case if the victim agrees to sign an affidavit stating they do not wish to press charges. As a domestic charge lawyer for the Memphis area, I can aid in drafting the affidavit and having the victim sign it at my office. After the affidavit is submitted the case is dismissed, and the entire report of the case can then be expunged.
The cost of a domestic violence conviction can be high. Not only does it leave a lasting stigma, the individual may be facing up to 11 months and 29 days in jail. Furthermore, under federal law they would not be allowed to ever again purchase or possess a firearm. Because of these consequences it is important that an individual expensed with domestic charge in Tennessee consult with an attorney.
official statement Defending Against Domestic charge in Tennessee
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