DUI Defense
Challenging the stop, the field sobriety tests, and the breath or blood test.
Learn moreAn assault charge can cost you your record, your firearm rights, and your ability to go home. The sooner a lawyer is involved, the more can be done.
Assault charges move fast, and they carry consequences that reach well beyond the courtroom — your job, your firearm rights, and in domestic cases, your ability to go home. Call (865) 935-9558.
Domestic assault is prosecuted differently from an ordinary assault, and the collateral consequences are more severe. Three things surprise people most often:
This is the single most common misunderstanding we hear. Once a domestic assault charge is filed, the case belongs to the State of Tennessee — not to the person who called the police. They can tell the prosecutor they don't wish to proceed, and that may influence the outcome, but the decision is the district attorney's. Cases regularly go forward over the alleged victim's objection.
Tennessee requires a holding period after a domestic assault arrest before release, and bond conditions almost always include a no-contact order. In the more serious cases — domestic violence charged as aggravated assault — Tennessee law now also requires the court to issue a no-contact order and order GPS monitoring before releasing you on bond. Expect conditions to be stricter than you may have heard from someone whose case was a few years ago.
A no-contact order is enforceable even if the other person initiates contact. Knowingly violating a condition of release is now a separate criminal offense in Tennessee, and you can be arrested for it with or without a warrant — so a violation can end up worse for you than the charge you started with. It can carry firearm consequences of its own as well. If there is a no-contact order in your case, follow it exactly and let your lawyer handle communication.
A domestic assault conviction carries firearm consequences under both Tennessee and federal law. Federal law restricts firearm possession following a qualifying domestic violence conviction, and that restriction does not simply expire. For anyone who hunts, works in law enforcement or security, or holds a carry permit, this consequence often matters more than the sentence itself. It is a reason to take even a "minor" domestic charge seriously rather than pleading it out to get it over with.
Domestic assault does not stay a misdemeanor indefinitely. Tennessee escalates repeat domestic assault convictions, and a third conviction can be charged as a felony carrying mandatory confinement. Separately, allegations involving strangulation or attempted strangulation are singled out for harsher treatment — they carry a mandatory minimum period of incarceration, and in cases where a victim lost consciousness, Tennessee law permits prosecution for attempted second degree murder.
The practical point: if you have a prior domestic assault on your record, or if strangulation has been alleged, this is not a case to handle casually or resolve quickly on your own. Call before your court date.
Tennessee law recognizes the right to defend yourself and others. In a great many assault cases — particularly domestic ones — the question is not whether there was a physical altercation but who was the aggressor. Police arriving at a chaotic scene make a quick judgment about which person to arrest, and that judgment is not always right.
Charges frequently rest on how an injury is characterized. Whether something constitutes "serious bodily injury" is the difference between a misdemeanor and a felony, and it is a question worth contesting with medical records rather than conceding.
Assault cases often come down to competing accounts. Prior statements, 911 recordings, body camera footage, text messages, and medical records can either corroborate or badly undercut the version the state is relying on. We gather them early, while they still exist.
Allegations sometimes arise in the middle of a divorce, a custody dispute, or a breakup. That context is relevant and a jury is entitled to hear it.
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