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Memphis Domestic Violence Attorney
Representation for Domestic Violence Cases in TN
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 was 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.
Contact The Claiborne Ferguson Law Firm, P.A. today to put a skilled Memphis domestic violence lawyer by your side.
What Entails a Domestic Violence Offense?
This category of offenses can refer to a wide range of crimes including:
How Is a Domestic Violence Offense Charged 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.
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 in you, which can force you to leave your home.
This order can also jeopardize your visitation and child custody rights. Any of these penalties can be aggravated if your offense involved 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
Defending Against Domestic Violence Charges in Memphis, TN
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 defense. 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.
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.
Facing charges for domestic violence? Put your trust in our firm and contact us today for help!
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