Memphis Domestic Violence Lawyer

Domestic violence charges carry a lot of weight. Even a first-time conviction for misdemeanor domestic assault can land you behind bars for nearly a year. In Memphis and across the state, law enforcement and prosecutors take an unwavering stance against these offenses. But so do we.

If you’re facing domestic violence charges, you need a legal advocate who can protect your rights and future. At The Case Firm, our Memphis domestic violence lawyers understand the seriousness of these charges and the lasting impact a conviction can have. With our familiarity with Tennessee’s laws and a strong track record of success, we are prepared to safeguard your interests every step of the way. Do not face these charges alone – exercise your right to counsel.

What is Considered Domestic Violence in Tennessee?

Domestic violence is a broad term that encompasses a range of offenses in Tennessee. Also called domestic abuse, it refers to certain abusive behaviors committed against specific people with whom the accused has a close personal relationship.

The abuse can take several forms:

• Physically harming or attempting to physically harm someone
• Putting someone in fear of being physically harmed
• Physically restraining someone against their will
• Intentionally damaging someone’s personal property
• Putting someone in fear that their pets/animals will be harmed

For it to be considered domestic violence, the victim has to be someone the accused has a domestic/family relationship with, such as:

• A current or former spouse/partner
• Someone they currently live with or used to live with
• Someone they are currently dating or used to date/have a sexual relationship with
• A blood relative or relative through marriage/adoption
• Their own child or the child of someone in one of those relationships

So, in simple terms, domestic violence is physical abuse, threats, restraint, or property damage committed by someone against a close family member, current or former intimate partner/dating partner, or someone they live/lived with. The relationship is the key factor.

Domestic Assault and Aggravated Assault Charges

Among the most commonly charged domestic violence offenses is domestic assault. In Tennessee, domestic assault occurs when someone intentionally, knowingly, or recklessly causes bodily injury, instills fear of imminent bodily injury, or engages in offensive physical contact with a domestic abuse victim (Tenn. Code § 39-13-101).

Penalties:

• For a first or second conviction, you may face up to 11 months and 29 days in jail for a Class A misdemeanor or up to six months for a Class B misdemeanor (Tenn. Code § 40-35-111 (2024)).
• However, repeat offenses can quickly escalate the charges, potentially leading to a felony conviction with harsher penalties.

Aggravated assault is a more severe charge that can stem from domestic violence situations involving aggravating factors:

• Use of a deadly weapon
• Serious bodily injury
• Strangulation

These charges can range from a Class D felony, punishable by 2 to 12 years in prison, all the way up to a Class B felony, carrying 8 to 30 years in prison and a potential fine of $25,000 (Tenn. Code §§ 39-13-102, 40-35-111).

Other Domestic Abuse-Related Charges in Tennessee

Domestic abuse crimes involve more than assault offenses. Related offenses that fall under the domestic violence umbrella include:

• Stalking — Repeatedly and continually harassing or monitoring a person in a manner that causes them to reasonably feel terrorized, frightened, intimidated, threatened, or molested. Penalties range from a Class A misdemeanor to a Class C felony, depending on the severity.
• Harassment — Communicating with another in a harmful, threatening, or offensive manner, classified as either a Class A misdemeanor or Class E felony.
• Violating an order of protection — Disobeying a civil or criminal court order that prohibits an abuser from contacting or harming the victim. This constitutes a Class A misdemeanor and often imposes additional restrictions on the abuser’s actions.

Prosecutors frequently “stack” multiple charges related to a single domestic incident, such as assault, along with stalking, harassment, or violations of protective orders. This compounding of charges can significantly increase the potential penalties you face. Having a Memphis domestic violence lawyer who understands how to counter these charging tactics is crucial to maintaining your freedom and rights.

Defending Against Domestic Violence Allegations

Facing domestic violence charges can make you feel cornered. But you have rights, and our Memphis domestic violence attorney can make all the difference in the outcome of your case. At The Case Firm, we understand the gravity of these situations and the potential consequences a conviction can have on your life.

Our defense strategies are tailored to each client’s unique situation but often involve:

• Challenging the prosecution’s evidence through vigorous cross-examination and investigation into inconsistencies or weaknesses in their case.
• Asserting self-defense or defense of others if the situation warranted the use of force to protect yourself or loved ones.
• Identifying potential biases, misleading statements, or false allegations made by the alleged victim.
• Negotiating with prosecutors for reduced charges or diversionary programs in cases with mitigating circumstances.
• Aggressively pursuing outright dismissal of charges if there are procedural errors or lack of probable cause.
• Leveraging our firm grasp of Tennessee domestic violence laws and sentiment-free analysis to make compelling arguments in your favor.

No matter the circumstances surrounding the allegations, our team will examine every facet of the case, giving you the strongest possible defense. We leave no stone unturned in pursuit of the most favorable outcome.

Secure Your Future: Partner with The Case Firm

At The Case Firm, we believe wholeheartedly that every individual deserves a defense and the opportunity to protect their rights and future. We understand the emotional turmoil that domestic violence charges can bring, and our approach is grounded in compassion, discretion, and an unwavering commitment to advocating for our clients.

If you or a loved one is facing domestic violence charges in Memphis, time is of the essence. The decisions you make in the initial stages of your case can profoundly impact the outcome. That’s why we encourage you to take the first step by scheduling a consultation with our team of experienced domestic violence attorneys.

Our goal is to empower you with the knowledge and guidance you need to make informed decisions that safeguard your rights and future. Contact us today to discuss your next steps.