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Differentiating Between Domestic Violence and Assault

Posted on October 24, 2023 in

Some of the most volatile relationships in life can consist of those we share with a partner. Life is stressful, and when those frustrations involve harmful actions against persons when intimate relationships are involved, charges of domestic violence or assault can result. Though often used interchangeably, charges of domestic violence and assault differ, and working with a Mount Juliet domestic violence attorney is imperative.

Assault Charges in Tennessee

Tennessee defines an assaultive offense as actions that cause bodily injury to another person with the knowledge of their action and acting with intention or recklessness. These behaviors are intended to invoke a fear of bodily injury. This act of physical contact is regarded by any reasonable individual as offensive or provoking in nature.

When Assault is Classified as Domestic

It can be easy to assume that domestic violence or assault refers only to a spouse or current dating partner. However, the term domestic assault is further defined as assaultive offenses, as described above, committed against any of the following individuals:

  • Current or former spouses
  • Individuals who live or have lived together
  • Individuals in a dating or sexual relationship or participated in such a relationship
  • Those biologically related or related by adoption
  • Individuals related or previously related by marriage
  • The children of any of the individuals described above

Whether a relationship is current or happened in the past, domestic assault charges may apply when an altercation occurs.

Punishments for Domestic Assault

The charges for domestic assault are dependent on the severity of the offense and the number of offenses committed. For lesser charges, a misdemeanor conviction can result. However, more aggressive and aggravated acts can result in felony convictions. Accompanying any conviction can be the following:

  • The payment of fines, fees, or costs related to the crime
  • Jail or prison time
  • Completion of a batterer’s intervention program
  • Participation in drug or alcohol treatment and counseling programs

Any charge of domestic assault can be life-changing and should be taken seriously. To understand your rights and ensure your best interests, contact a Mount Juliet criminal defense attorney immediately.

Domestic Violence in Tennessee

Domestic violence charges occur when the offense is committed against any of the individuals mentioned above. The offense will also be classified as a misdemeanor in Tennessee. Differentiating a domestic assault offense from a domestic violence offense is the use of physical force or threatening the use of a deadly weapon when committing the assaultive offense.

Being convicted of a domestic violence offense has additional consequences. Once a conviction for domestic violence occurs, the individual convicted can no longer legally possess or purchase any firearm. And any firearms in possession must be disposed of lawfully.

Additional laws may apply when firearms are a part of the defendant’s business inventory. Domestic violence convictions can result in the restriction of rights, damage relationships, and impair the ability to continue certain businesses. Both state and federal statutes can apply.

Fierce Representation Matters in Tennessee Domestic Charges

There are two sides to every story, and each individual has the right to have their side represented fairly. But navigating the laws that apply to domestic violence and assault charges is challenging. Striving to find the most favorable outcome in any case should be the goal of a Tennessee domestic violence attorney.

When a domestic relationship has led to charges of domestic violence or assault, The Law Offices of Christopher Eads, PLLC, will seek out the facts in any case to ensure your rights are protected. A lot is at stake when relationships have become volatile and law enforcement intervention occurs. Contact us today for a free consultation and ensure that a recognized aggressive criminal defense attorney in Tennessee will represent your case.