How Long Do You Stay in Jail for Domestic Violence in Tennessee?
When you or a loved one is arrested for a domestic violence-related crime in Tennessee, your mind can quickly be flooded with questions like, “How long do you stay in jail for domestic violence in Tennessee?” What’s important is that you stay calm and seek legal aid from a trusted Tennessee divorce lawyer.
First-time offenders in Tennessee face mandatory minimum jail sentences after domestic violence convictions. These cases are taken very seriously and often come with serious legal and personal consequences. If you are accused of domestic assault in Tennessee, it is important to know what penalties you may face, what your rights are, and how the process works.
Hire a Domestic Violence Lawyer in Tennessee
In Tennessee, the length of time you stay in jail for domestic violence depends on a wide range of factors. Luckily, with a powerful legal team, you can fight the accusations against you and work to get your charges reduced or even dismissed completely. Remember, you can only go to jail if you receive a conviction, and to be convicted, there must be strong evidence against you. Our team is prepared to stand as your legal advocate and fight the charges you’re facing.
The legal team at Mathis, Bates & Klinghard PLLC has extensive litigation experience in domestic violence cases within Tennessee state courts. We are recognized for our responsiveness, professionalism, and powerful advocacy by clients and legal professionals across the state. As criminal defense lawyers, we understand the serious nature of domestic violence charges like domestic assault and are committed to providing unbiased, powerful legal aid.
How Tennessee Law Defines Domestic Assault
Tennessee law defines domestic assault under T.C.A. § 39‑13‑111 as intentional or reckless physical injury, threats of harm, or offensive contact committed by someone in a domestic relationship. This could be with a spouse, a dating partner, family members, and/or those who are cohabitating.
State Data indicates that 39.6% of women and 36.8% of men in Tennessee have been the victim of intimate partner physical violence, rape, or stalking at some point in their lives. Defense and protection strategies in criminal and family law require understanding who qualifies as a domestic violence victim, alongside definitions of assault. In many cases, an accusation may not actually fall within the realm of domestic violence.
What Happens Immediately After a Domestic Violence Arrest in Tennessee?
After being arrested for domestic violence in Tennessee, police usually hold you for no more than 12 hours without a bond being set. After your arrest, you must appear for your first court hearing, which usually occurs within one business day. Bail can be conditioned on a no-contact order and surrender of firearms or GPS monitoring.
Judges in Tennessee counties may make varying decisions on domestic violence-related charges depending on the previous cases they’ve handled and their county’s unique guidelines. Understanding local practices and standard bond conditions can make a significant difference in eliminating unwarranted restrictions. An attorney experienced in Tennessee domestic violence cases can help you obtain the most favorable outcome for your case.
Understanding Domestic Violence Charge Levels and Penalties in Tennessee
Domestic violence offenses in Tennessee are either classified as misdemeanors or felonies. Class A misdemeanors are the standard for first offenses, and can carry 11 months, 29 days in jail, in addition to fines, probation, and batterer’s intervention programs or anger management classes.
Tennessee law imposes mandatory minimum sentences and felony enhancements for repeat domestic violence convictions. Per § 39-13-101(a)(1), a second domestic assault conviction is subject to a 30-day mandatory minimum jail sentence even if the charge is a misdemeanor. A third or subsequent domestic violence conviction may be elevated to a Class E felony, which requires a 90-day mandatory minimum sentence, plus a fine of $1,100 to $5,000.
Strangulation, serious injury, and weapons are aggravating factors that can increase the offense to aggravated assault. Being convicted of domestic violence can affect your gun rights, immigration status, child custody agreements, and job opportunities, which means a strong legal defense is essential.
FAQs
Q: Can Domestic Assault Be Charged as a Felony in Tennessee?
A: Yes, domestic assault can be charged as a felony in Tennessee if there are aggravating factors involved, like great bodily harm or the use of a deadly weapon, or in the case of allegations of strangulation. Repeat offenses can also become a felony charge and carry much higher fines as well as mandatory prison time.
Q: Do You Lose Gun Rights After a Domestic Violence Conviction in Tennessee?
A: At the federal and Tennessee state levels, a domestic violence misdemeanor or felony conviction can result in you losing the right to own or buy a gun. This is even true for a first-time conviction. The court can order you to turn over any guns you own at the time of conviction. The process for restoring gun rights after they are lost is extremely challenging, which makes it crucial to treat these charges diligently from the beginning.
Q: Can a Victim Drop Domestic Violence Charges in Tennessee?
A: In Tennessee, after charges are filed, only the prosecutor can dismiss the charges. While the alleged victim may request a dismissal, the state is still free to prosecute the case based on the evidence at hand. Prosecutors in Tennessee take domestic violence cases seriously and will often take a case to trial with or without the cooperation of the victim. A criminal defense attorney can be of assistance in the event of conflicting testimony or a lack of evidence.
Q: Can the Accused Contact an Alleged Victim After Being Arrested for Domestic Violence in Tennessee?
A: Tennessee courts usually order a no-contact or protective order as a condition of bail after a domestic violence arrest. If the accused communicates with the alleged victim, including by text, phone, or third party, and violates this order, they can be arrested again and lose their right to bond. This condition lasts until the court order is removed. It is important to talk with your attorney about rules related to communication to ensure you don’t worsen your situation.
Tennessee Domestic Violence Attorneys
If you’re facing domestic violence charges in Tennessee, don’t wait to protect your future and hire a domestic violence lawyer who cares. At Mathis, Bates & Klinghard PLLC, we provide experienced criminal defense services rooted in compassion. Our comprehensive understanding of local Tennessee laws and powerful negotiation skills allow us to fight for clients across the state and navigate complex courtrooms.
Contact us today to schedule a consultation and protect your livelihood.
