Clarksville Domestic Assault Attorney
Successfully defends domestic assault charges against military service members
Families argue. It is part of the personal nature of family relationships. However, if you are involved in a domestic dispute and you intentionally injure another person, you may be facing a domestic assault charge.
Domestic assault is a crime in Tennessee and the penalties can be serious, marking the end of a military career. Montgomery County criminal defense attorney Ryan K. McFarland of McFarland Law has extensive experience defending civilians and military service members who are accused of domestic assault, with a track record of success.
What is domestic assault?
To understand domestic assault, one must first understand the definition of assault. Assault is intentionally or recklessly causing injury to another person, or causing a reasonable level of fear of offensive physical contact or bodily injury. Domestic assault is assault that is committed against a family member or a member of the household including:
Current or former spouse
Current or previous dating partner
Someone the offender resides with or previously resided with
Current or previous sexual partner
Current or former relative by marriage
Adult or minor children of the offender
Adult or minor children of a family or household member
What is a Condition of Release (COR)
When you are charged with a domestic assault in Tennessee, you are placed on a twelve-hour hold, and held at the jail for a minimum of twelve hours. Upon your release, you will be advised of certain bail conditions normally including the following: you cannot return home, you cannot contact or threaten the alleged victim either directly or indirectly in any manner, you are prohibited from consuming alcohol, you are prohibited from possessing a firearm. A violation of any of the imposed conditions will result in another twelve-hour hold, and can result in a 10 day jail sentence for contempt of court.
With an appropriate motion filed by your attorney some of the conditions can be modified to allow your return home and your possession of a firearm limited to work.
Loss of firearm with a domestic assault conviction
If you are convicted of domestic assault, you also lose your right to possess firearms, based on an amendment to the Federal Gun Control Act of 1968 called the Lautenberg Amendment. The Lautenberg Amendment, passed in 1996, prohibits possession of firearms by individuals convicted of a misdemeanor crime of domestic violence. This presents a significant problem for those in military service and, as such, can mark the end of a military career. Attorney McFarland has extensive experience representing members of the military who are facing domestic assault charges, successfully having the charge dismissed, reduced, or waived, enabling those in the military to continue their service.
What are the other penalties for domestic assault in Tennessee?
In Tennessee, the penalties for domestic assault are the same as those for general assault crimes, classified as a Class A or Class B misdemeanor.
Penalties for a Class A misdemeanor include jail time of up to 11 months and 29 days, or a fine of up to $2,500, or both.
Penalties for a Class B misdemeanor include jail time of up to six months or a fine of up to $500, or both.
Aggravated assault is classified as a Class C or Class D felony depending upon the specifics of the charge.
Penalties for a Class C felony include jail time of 3 to 15 years and a fine of up to $10,000.
Penalties for a Class D felony include jail time of 2 to 12 years and a fine of up to $5,000.
You may also be required to pay restitution – reimbursing the victim for expenses that resulted from the crime, such as counseling, medical bills, or repairing and replacing damaged property.
Don’t let a domestic assault charge be the end of your military career – contact our office today
Clarksville criminal defense attorney Ryan K. McFarland of McFarland Law has been successfully defending those accused of domestic assault and other serious crimes since 2004. Attorney McFarland brings an in-depth knowledge of Tennessee’s criminal laws and years of experience in preparing the strongest defense in each criminal case, with a track record of success. Don’t let a domestic assault charge be the end of your military career; contact Attorney McFarland to schedule a confidential consultation to discuss your situation at (931) 516-9009 or contact us online .