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Memphis Domestic Violence Attorney
Defending Against Domestic Violence Charges in Shelby County
Domestic violence crimes could entail several different offenses. This type of offense can be brought about in a variety of different relationships. Domestic violence does not solely occur between a husband and wife. The relationship could involve a former spouse, a roommate, a person who you share a child with, or anyone related by marriage or blood. There are serious consequences that can follow a domestic violence charge in the state of Tennessee.
While all of these crimes can be charged on their own, they fit into domestic violence if there is a relationship between the defendant and the victim. Whether by marriage or just by living together or dating, a relationship can increase the severity of the offense. There is not a clarification if the individuals involve are heterosexual, gay, or lesbian; anyone can be charged with domestic violence. The charges may be enhanced, however, if it involves a male attacking a female.
Have you been accused of domestic violence? Call The Claiborne Ferguson Law Firm, P.A. today at (901) 878-5434 or contact us online to schedule a free consultation with our domestic violence lawyer in Memphis.
What Entails a Domestic Violence Offense?
This category of offenses can refer to a wide range of crimes, including:
What are the Penalties For Domestic Violence in Tennessee?
The penalties for domestic violence in Tennessee are tough. The offense is generally charged as a Class A misdemeanor in the state of Tennessee. This type of misdemeanor is punishable by a fine of up to $2,500 and up to 11 months and 29 days in jail. On top of these, there are also consequences involving a right to carry or own a weapon and employment options.
Losing Your Right To Own a Firearm
You can lose your 2nd amendment rights of owning a firearm after being convicted of domestic violence. There are also consequences throughout the criminal proceedings. You may have a protective order imposed on you, which can force you to leave your home.
Impacts on Visitation and Child Custody Rights
This order can also jeopardize your visitation and child custody rights. Any of these penalties can be aggravated if your offense involves serious assault or injuries. You could be facing felony charges with longer jail time and heavy fines. Seek representation from a domestic violence attorney in Memphis for help.
What Is the Sentence for Domestic Assault in Tennessee?
A domestic assault conviction in Tennessee can result in the same penalties as general assault crimes. However, permanent firearm loss and a fine paid toward family violence shelters are additional consequences of domestic assault.
Possible penalties for domestic assault in Tennessee include:
- Class C felony: up to a $10,000 fine and 3 to 15 years in prison
- Class D felony: up to a $5,000 fine and 2 to 12 years in prison
- Class A misdemeanor: up to a $2,500 fine and/or 11 months and 29 days in jail
- Class B misdemeanor: up to a $500 fine and/or six months in jail
Defenses Against Domestic Violence Charges
In order to build a solid defense, the lawyers at The Claiborne Ferguson Law Firm, P.A. fully investigate our clients' cases. This involves reviewing the reports, interviewing everyone involved, and then creating a defense. All too often, there are false accusations of domestic violence, whether due to misinterpretation or purposefully. This can be for monetary gain or to improve chances of receiving custody, or any favorable result in family law cases.
The common defenses against domestic violence charges include:
- Innocence or false accusation
- Changing or recanting stories from the victim
- Offense does not constitute "domestic violence"
- Lack of subject matter jurisdiction (relationship between the parties is not one of the categories protected by the Prevention of Domestic Violence Act)
- Act was out of self defense
We can also make an argument that your case involves a de minimis infraction. This means that it was minor conduct that should not be considered an offense. Impeaching credibility is one of the most common defenses. These cases generally resort to a competition between the word of the victim and the word of the defendant. Looking for inconsistencies can impeach credibility and help your case.
Contact Our Domestic Violence Lawyer in Memphis Today
Looking for an attorney for your domestic violence case in Memphis? Team up with The Claiborne Ferguson Law Firm, P.A. Attorney Ferguson is Certified as a Specialist in Criminal Trial Advocacy by the National Board of Trial Advocacy, who may be able to help you fight against your charges. Our Memphis domestic violence attorneys have also earned a 10.0 superb Avvo rating due to the reviews of former clients.
Contact The Claiborne Ferguson Law Firm, P.A. today to get started on your defense with our Memphis domestic violence attorney.
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