Your first experience with Tennessee’s criminal justice system can be stressful, especially when it comes to domestic assault. The potential penalties and impact on your personal life are overwhelming.
But remember that a charge is not the same as a conviction. There may be defenses available depending on your situation. Here is a look at defending a first-time domestic assault charge in TN.
Domestic Assault in Tennessee
Under Tennessee law, domestic assault can occur when an individual intentionally, knowingly, or recklessly causes bodily injury to a domestic victim, causes the victim to reasonably fear imminent bodily injury, or engages in offensive or provocative physical contact.
In most cases, domestic assault allegations happen between:
- Current or former spouses
- Individuals who live together or previously lived together
- Dating partners
- Family members
- Parents of a shared child
Remember that visible injuries are not always required for an arrest. In some situations, an allegation could be enough for law enforcement to make an arrest. However, the officers must have probable cause.
What About First-Time Charges?
Some people think that a first offense will go away or end in a warning. Unfortunately, these charges are taken seriously by Tennessee prosecutors and courts. A first-time conviction mau result in:
- Criminal penalties
- Fines and court costs
- Counseling or classes
- Restrictions on firearm ownership
- Damage to professional licenses
- Difficulty obtaining future employment
- Harm to personal and family relationships
If you have been charged, you will want to reach out to an experienced criminal defense lawyer to craft your defense.
What Are Some Defenses to the Charges?
Remember that every case is different. Your defense strategy will depend on the specific facts involved. With help from an experienced criminal defense attorney, they can provide a couple of options. They will look at the evidence, witness statements, police reports, and other circumstances surrounding the arrest.
Some of these potential defenses may include:
Self-Defense
You may have acted to protect yourself from immediate harm. If the evidence supports that you reasonably believed force was necessary to prevent injury, self-defense may be an appropriate defense.
False Allegations
Unfortunately, false accusations do occur. This can happen during emotionally charged situations like divorces, custody disputes, or relationship breakups.
If there are inconsistencies in witness statements, text messages, social media communications, and other evidence, that may be used to undermine the allegations.
Lack of Evidence
The prosecution has the burden of proving guilt beyond a reasonable doubt. If the evidence is weak, contradictory, or insufficient, your defense team can challenge whether the state will meet that burden.
Accident or Misunderstanding
In some cases, injuries may have occurred accidentally, or events may have been misunderstood during a heated argument. Once again, a review of the facts may reveal that the allegations do not support a criminal conviction.
You Need Early Legal Help
That period right after an arrest can make or break your case. Statements made to law enforcement or communications with the alleged victim need to be handled with a clear head.
Remember that decisions made early in the process may affect your defense options. Your lawyer can help:
- Evaluate the evidence
- Protect your constitutional rights
- Communicate with prosecutors
- Identify potential defenses
- Negotiate for reduced charges
- Represent you at hearings and trial
Many times, early intervention can also help uncover evidence that could be lost over time. Once you are arrested, you need to reach out to Tennessee domestic assault defense attorney right away.
Protect Your Future
Now that you know about defending a first-time domestic assault charge in TN, you can take action. Your best bet is working with experienced legal counsel. Many times, they can make a difference.
At Easter & DeVore, Attorneys at Law, we will review the facts. Our team can build a defense strategy around the circumstances of your case. Schedule a consultation today to learn about your options.
