Hagar and Phillips - What is Domestic Assault

What is Domestic Assault?

Tennessee law, codified at Tenn. Code Ann. §39-13-111(b), defines “domestic assault” as the crime of assault against a “domestic abuse victim.” Tennessee law considers a domestic abuse victim as any family member by blood or adoption, a child, a current or former mate, or a current or former spouse. The most common scenario of alleged domestic assault is an act against a current or former spouse or mate.

The crime of assault, codified at Tenn. Code Ann. §39-13-101, refers to the following criminal behavior:

(a) A person commits assault who:

(1) Intentionally, knowingly or recklessly causes bodily injury to another;

(2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or

(3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.

Sometimes, you might hear the term “domestic battery.” This term is not found in the Tennessee Code. It does not exist as a separate crime. What one thinks of as domestic battery is actually covered in the crime of “domestic assault.” The crime of assault includes “intentionally or knowingly caus[ing] physical contact with another” that is “extremely offensive or provocative.”

Domestic assault convictions carry significant consequences. It is either a Class A or Class B misdemeanor under Tennessee law depending upon what type of assault ---intentional bodily injury, causing another to fear imminent bodily injury, or contact that a reasonable person considers extremely offensive or provocative. Tennessee law classifieds a domestic assault as a type of “domestic violence offense” and a defendant who pleads guilty or is convicted of domestic assault must forfeit all firearms. Furthermore, a domestic assault conviction is not expungable under Tennessee law. Thus, if you are convicted of domestic assault, it stays on your record.

If you are facing domestic assault charges, you need to contact an experienced criminal defense attorney, such as the Lebanon-based law firm, Hagar & Phillips.

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