A domestic assault charge can be confusing from the very beginning. You may hear the word “domestic” and start thinking about the severity of the situation. For many, the first question might be: Is domestic assault a felony in Tennessee?
If it is a first offense, then it can be treated as a misdemeanor. But that can change if you have qualifying prior convictions or more serious circumstances involved.
So, if you’re trying to understand what a domestic assault charge could mean for you, it helps to look beyond the name of the offense. Here’s what you should know if you’re facing a domestic assault charge in Tennessee.
What Is Domestic Assault in Tennessee?
Before talking about whether domestic assault is a felony, what does Tennessee law consider domestic assault? The state’s domestic assault law applies when an assault is committed against someone who qualifies as a domestic abuse victim. That can include:
- A current or former spouse
- Someone you live with or previously lived with
- A person you’re dating or have dated
- Certain family or household members
Along with that, the underlying conduct must meet Tennessee’s definition of assault. This can involve:
- Causing bodily injury
- Making someone reasonably fear imminent bodily injury
- Making certain physical contact that a reasonable person would consider extremely offensive or provocative
Is a First Domestic Assault a Felony?
In most cases, the answer is no. Depending on the alleged conduct, a first domestic assault can be classified as a Class A or Class B misdemeanor under Tennessee law.
A first domestic assault is still a serious charge. A conviction can still mean jail time, fines, probation, required programs, and other court-ordered consequences. It can also create consequences that follow you outside the courtroom.
When Can Domestic Assault Become a Felony?
The situation can become more serious when someone has prior domestic assault convictions. Under the law, a third or subsequent conviction for domestic assault involving bodily injury can be classified as a Class E felony.
The law also includes a timing provision. State law has an exception to the enhanced penalties when 10 or more years have passed between the current violation and the immediately preceding a domestic assault conviction.
If you’ve been accused of domestic assault before, your current charge might not be treated like a first offense. A criminal defense attorney can review your record and explain how prior convictions could affect the current case.
What If Strangulation Is Alleged?
An allegation involving strangulation or attempted strangulation is taken seriously by the state. Under the domestic assault statute, there is a mandatory minimum 30-day period of incarceration for a conviction involving strangulation or attempted strangulation.
Depending on what allegedly happened, prosecutors may also consider other criminal charges. If strangulation is part of the allegations against you, you will want to talk to an attorney before making decisions about your case.
What Should You Do If You’ve Been Charged?
If you’re facing a domestic assault charge, you will want to take action. You don’t want one bad night to affect the rest of your life. Keep in mind that the specific charge, the evidence, your criminal history, and the circumstances surrounding the alleged incident can all affect your case.
When you get legal advice right from the start, they can help you know where you stand and what options may be available.
Reach Out to a Tennessee Domestic Assault Defense Attorney
So, is domestic assault a felony in Tennessee? Not automatically. A first domestic assault offense is a misdemeanor. However, any qualifying repeat convictions, allegations involving strangulation, or other circumstances can lead to much more serious charges.
If you’ve been accused of domestic assault, DeVore Law PLLC can help you understand your charges and the legal options available to you.
Reach out today and speak with a Tennessee criminal defense attorney about your situation. We are ready to help you take those next steps with your case.
