In its 2020 report on domestic violence, the Tennessee Bureau of Investigation reported the flagging of 69,385 offenses as being domestic in 2020, with women accounting for 71.5 percent of alleged domestic violence victims. Boyfriend/girlfriend was the most common relationship in these cases, with none being the most common injury type (50.3 percent), followed by Minor Injuries (45.7 percent). Anybody accused of a domestic violence offense will want to make sure they have an experienced Memphis domestic violence attorney for help achieving the most favorable resolution to criminal charges.
Domestic disputes are incredibly common, and people need to be aware that when law enforcement responds to any domestic-related call, there is a high likelihood that at least one person will be arrested. Unfortunately, it is incredibly likely that people may face arrest even when there is little to no evidence of any kind of commission of a crime.
Our firm handles domestic violence offenses throughout the greater Memphis area and Shelby County, including such crimes as:
Some domestic violence offenses may be misdemeanors, while others are felonies. Both classifications have the potential to result in significant criminal penalties.
Misdemeanors in Tennessee may be punishable as follows:
A repeat misdemeanor could lead to enhanced felony penalties in some cases. There are also misdemeanor offenses for which felony penalties will apply when the amount of harm to a person or property increases.
Felony offenses in Tennessee are punishable as follows:
In addition to imprisonment and fines, misdemeanor or felony convictions can have other consequences in Tennessee. An alleged offender may lose a professional license, see negative impacts on their immigration status, possible termination of their child custody rights, and forfeiture of any gun rights.
Domestic violence cases could involve mitigating or aggravating factors that significantly impact the possible punishment a court can impose. Under Tennessee Code § 40-35-113, mitigating factors may include:
Our experienced attorneys can help assert these factors in court.
The aggravating, or enhancement factors, established under Tennessee Code § 40-35-114 include:
Many domestic violence cases in Memphis will be handled in the General Sessions Criminal Courts, which are comprised of nine courts. It will be Divisions 7, 8, 9, 10, 11, 12, 13, and 15. Colloquially, General Sessions is referred to as “downstairs.” General Sessions handles misdemeanors and felonies. With felonies, the court only has jurisdiction to preside over a preliminary hearing to determine probable cause.
Criminal courts in the Memphis area or “upstairs” include the following courts: Divisions 1-10. The majority of the cases set in Criminal Court have all been indicted and heard by the Grand Jury. Criminal Court hears both misdemeanors and felony cases and conducts jury trials.
Are you facing domestic violence charges in the Memphis area of Shelby County? You will want to contact Pickford Law so you can have a skilled Memphis and Shelby County domestic violence attorney representing your interests in court.
Our firm understands the complexity inherent to these cases and can conduct a rigorous investigation to uncover all of the evidence that will be necessary to prove your innocence or at least fight for a reduction in or dismissal of criminal charges. Call (901) 424-1920 or contact us online to set up a free consultation that will allow us to take a closer look at your case and offer legal guidance.
Not when there was a conviction. Check your final disposition on the warrant or judgment and speak to a lawyer about what legal weapons you might possess.
Simple assault is when you apply force between someone without their consent. This can be direct or indirect force. Alternatively, simple assault can be when you imply, or threaten, that you’ll apply force to someone, making them believe that you’ll actually harm them. Simple assault is a Class A misdemeanor in Tennessee, which is punishable up to 11 months and 29 days in jail and a $2,500 fine.
Meanwhile, domestic assault is any type of assault between people in a family or relationship. This can include married couples, parents and children, guardians and children, or blood relatives. In Tennessee, a domestic assault charge is also a Class A misdemeanor with 11 months and 29 days in jail and up to $2500 in fines.
When you are a first-time offender, you could have multiple options. You may have to complete a period of probation, assuming your alleged victim does not want to prosecute, and you could enroll in an anger management course with a dismissal of the charges upon its completion. All of this depends on what the alleged victim wants, whether the state agrees to it, the facts of the case, and also perhaps taking a domestic violence assessment. You may need the alleged victim to sign an affidavit that they will not press charges and want to see a dismissal of the case.