Tennesssee Domestic Assault
Most people believe that domestic assault involves violence between husbands and wives. However, under Tennessee law, Tenn. Code Ann. § 39-13-111, domestic assault is much more than that.
Domestic assault in Knoxville follows most of the same guidelines as general assault, found in Tenn. Code Ann. § 39-13-101. General assault can be broken down into three separate actions: (1) intentionally, knowingly, or recklessly causing physical injury to another; (2) intentionally or knowingly causing another to be fearful of physical injury; and (3) intentionally or knowingly causing contact with another that would be considered extremely offensive or provocative.
Domestic assault involves all of these same criteria. The difference between general assault and domestic assault is that under domestic assault the individuals involved have specific relationships to one another. Domestic assault can be between a number of different groups, including: husbands and wives, former spouses, persons who live together, persons who are dating, sexual partners, and blood relatives. If an act that would be classified as assault occurs between individuals with one of these relationships, that offense can then be classified as domestic assault.
Domestic assault in Tnnessee is punished as a Class A misdemeanor. The most severe level of misdemeanors, Class A offenses are punishable by up to 11 months 29 days in jail, as well as a fine of up to $2,500. However, if the assault was caused by an offensive or provocative contact, as opposed to an actual physical injury, then it will be a Class B misdemeanor, punishable by up to six months in jail and a fine of up to $500. In addition to these traditional misdemeanor punishments, persons convicted of domestic assault are subject to an additional fine of up to $200, contingent upon the convicted person’s ability to pay.
Facing charges for domestic assault or violence can be a difficult time for the accused as well as their family. You deserve to know your legal rights. Contact an experienced Tennessee criminal defense attorney at Baker Associates for a free consultation at 866-853-2888.