How a Tennessee Criminal Defense Lawyer Can Reduce Charges for Domestic Assault
Being accused of domestic violence can turn your life upside down. Even if you are innocent, domestic assault charges in Tennessee can lead to jail time, fines, restraining orders, and the permanent loss of your right to own a firearm. Worse, a conviction will give you a criminal record that can make it hard to find a job, rent an apartment, or get custody of your kids.
But having an experienced Tennessee domestic violence defense attorney on your side can make all the difference. A good lawyer knows how to poke holes in the prosecution’s case, highlight weaknesses, and get charges reduced or even dismissed. Here are some of the most effective legal defenses and strategies a criminal defense lawyer can use to fight domestic assault allegations in Tennessee:
Challenge the Evidence
Many domestic violence cases rely heavily on testimony from the alleged victim. If that person changes or recants their story, the whole case can fall apart. An aggressive defense lawyer will look for inconsistencies or credibility issues with the accuser that undermine their claims. Things like:
- Prior false allegations
- Mental health problems
- Financial motives to lie
- Admitting to mutual aggression
Physical evidence like photos of injuries or damaged property can also be disputed. Your lawyer may argue the injuries happened a different way or were from an earlier incident unrelated to you.
Argue Self-Defense
If there was a physical confrontation, claiming you acted in self-defense is a common domestic violence defense. You feared for your safety and only used reasonable force to protect yourself from harm. Your lawyer can argue the alleged victim was actually the primary aggressor and you were defending yourself.
Negotiate Plea Deals
Prosecutors know domestic cases often have messy evidence and uncooperative witnesses. A skilled negotiator can leverage this to get charges reduced or dismissed through plea bargaining. Common outcomes include:
- Plead to non-domestic simple assault
- Deferred adjudication
- Anger management classes
- Dropped charges after probation
Taking a plea avoids the risk of trial and gives you a lighter punishment.
Explore Diversion Programs
Many Tennessee counties allow first-time domestic assault offenders to enter pretrial diversion instead of going to trial. This puts your case on hold while you complete classes and other requirements over 6-12 months. If you satisfy the terms, the charges are dismissed and can be expunged from your record.
Challenge Probable Cause
Police can’t just arrest someone for domestic violence anytime an argument happens. There has to be probable cause that a crime occurred. Your lawyer can file a motion arguing there wasn’t enough evidence for police to arrest you in the first place. If successful, the case gets thrown out.
Suppress Illegal Evidence
The 4th Amendment protects against unreasonable searches and seizures. If police improperly gathered evidence like entering your home without a warrant or forcing you to make incriminating statements, your attorney can request the court suppress that evidence so it can’t be used against you.
Highlight Sentencing Options
Judges have wide discretion when sentencing those convicted of domestic assault. Your lawyer can present mitigating factors like no prior record, steady employment, and family responsibilities to request alternatives to jail time. Things like probation, suspended sentences, treatment programs, and community service are possibilities.
The bottom line is a skilled Tennessee domestic violence attorney has many tools to get charges reduced or dismissed. Don’t go it alone against the prosecutor. Hire an experienced criminal defense lawyer to protect your rights and future. Domestic allegations can ruin your life if you don’t fight back.
Frequently Asked Questions
Still have questions about domestic assault charges in Tennessee? Here are answers to some common concerns:
What happens if my partner doesn’t want to press charges against me?
The alleged victim doesn’t decide whether charges get filed – that’s up to the prosecutor. Police are required to arrest the primary aggressor anytime they respond to a domestic disturbance call. The state can pursue the case even if your partner says they don’t want you prosecuted.
How much does a domestic violence lawyer cost in Tennessee?
Expect to pay $250-$400 per hour for an experienced criminal defense attorney. The total cost depends on how complex your case is and how much time the lawyer needs to spend defending you. Rates are usually higher if you face felony domestic assault charges.
Can I represent myself in court on domestic violence charges?
You have the right to represent yourself but that’s almost always a bad idea in domestic cases. There are complex rules of evidence and procedure. A lawyer knows how to get charges dismissed on technicalities police and prosecutors miss. Don’t let lack of money stop you from hiring a lawyer – most offer payment plans.
What’s the punishment for domestic assault in Tennessee?
It depends on the severity of the assault and your criminal record. Simple domestic assault is a Class A or B misdemeanor with up to a year in jail. Aggravated domestic assault is a Class C felony with 3-15 years in prison. Fines, probation, and loss of gun rights are also possible penalties.
How can I get domestic assault charges expunged in TN?
If you successfully complete a pretrial diversion program, the charges are dismissed and eligible for expungement. Otherwise, you must be found not guilty at trial or have the charges dropped to expunge a domestic case. An attorney can guide you through the expungement process.
What happens if I violate a restraining order?
You can be arrested and face new criminal contempt charges for violating a domestic violence protection order. This also violates probation if you’re out on bail awaiting trial. Never contact the victim when a restraining order is in place.
Will a domestic assault conviction affect child custody?
Yes, domestic violence can be a factor courts consider when awarding child custody. However, the impact varies case by case. An attorney can help minimize how much the charges influence custody decisions.
If you are facing domestic assault allegations, don’t wait to seek experienced legal help. A domestic violence conviction has severe, long-term consequences that can negatively impact your life for years to come. Schedule a free case evaluation with a Tennessee domestic assault lawyer today. They will protect your rights at every step of the process.
With an aggressive defense strategy, many domestic charges can be reduced or dismissed. Don’t leave your future up to chance – fight back with a top criminal defense attorney by your side.