BARTLETT INJURY & TRIAL LAW
Nashville Criminal Defense
Nashville, Tennessee
Get charged with a Domestic Violence Crime while visiting Nashville? What do you do now?
Whether you are visiting Nashville to see the sights, catch an NFL, Hockey or MLS game or even business, sometimes things can happen between you and another, a family member, or a close friend that could be classified as Domestic Violence. Or, if you live here and got charged with DV.
When this happens, you could be arrested for the crime of Domestic Violence – even if you are NOT GUILTY of the crime!
This is because the police DV response policy in Tennessee is to:
1. Separate the Parties;
2. Determine the Primary Aggressor; and
3. MAKE AN ARREST!
This policy has been interpreted to mean the police MUST arrest someone, and that someone is usually the man (there are many reasons for this).
- If this has happened to you, Do Not Panic – it can be Dismissed AND Expunged if handled the correct way.
Getting arrested while visiting another city can be a scary experience, but having a strong criminal defense attorney representing you in Court is your best bet to get the matter resolved and allay any concerns or fears you may have.
The penalties for a domestic violence convictionare severe in Tennessee, that is why you need a lawyer that knows the system and can get the case resolved, weakened, or even better – Dismissed and Expunged!
4 common types of domestic assault charges:
Domestic assault isn't just limited to physical harm. Someone simply feeling threatened could result in a domestic assault charge. These are:
Domestic Assault - Bodily Injury:
If an alleged victim of domestic violence can show any physical injuries, even if they were the aggressor, law enforcement will likely ignore your side of the story.
Domestic Assault - Fear of Bodily Injury:
The mere threat of an injury could result in charges against you for domestic assault. Anything you say really can, and will, be used against you if you've been charged with this crime.
Aggravated Domestic Assault:
If an alleged victim accuses you of using any type of weapon, or accuses you of choking or attempting to choke them, your charges could become much more severe and result in a felony conviction.
Stalking & Harassment:
If someone thinks you're repeatedly or continually stalking or harassing them without their consent, you could be charged with a domestic assault crime.
Your case could be tried as a misdemeanor or felony depending on the severity of the victim's injuries and your criminal record.
Please continue reading or visit the website to learn more about the consequences of a domestic violence conviction and how Kurt Bartlett can help you.
Potential Consequences:
The penalties for a DV Conviction can vary depending on the circumstances of your case.
Class B misdemeanors carry up to six months in jail and a $500 fine (DV Assault by Intimidation), and Class A misdemeanors are punishable by up to one year in jail and fines not to exceed $2,500 (DV Simple Assault/Bodily Injury).
Conversely, if you were arrested for Aggravated Assault (DV Assault with a Deadly Weapon or Serious Bodily Injury or Strangulation), the consequences are much worse.
- Aggravated Assault is a Felony in Tennessee.
Generally speaking, those arrested on Aggravated Assault Domestic violence charges will face a Class D felony or a Class C felony.
Class D felonies are punishable by a maximum of 12 years imprisonment and a $5,000 fine, and a Class C felony conviction could result in a 15-year prison sentence and a $10,000 fine.
*All of these convictions would trigger Federal Gun Laws under the Lautenberg Amendment – where you would never be able to own OR possess a firearm.
Update: New bond laws in Tennessee require a GPS monitor on all felony DV charges and defendants must submit to court monitoring. This was designed to make things difficult for you and force you into a bad deal - don't fall for it!
Why you need a strong Criminal Defense Attorney:
These penalties are only the legal consequences if you are found guilty of a domestic violence charge.
The damage to your reputation, livelihood, and family is something that could harm you for much longer (See related "The Scoop" website).
Experienced Criminal Defense Lawyer Kurt Bartlett works vigorously to build your defense through data collection, witness and police interviews, and superior knowledge of the law.
There are also a number of different defensive strategies we use to fight DV Cases, which include:
Self-defense; Lack of probable cause to arrest; Impeachment of untruthful witnesses; Lack of intent; Investigative errors; mistake, etc.
These are just a few of the most commonly used defenses in domestic violence cases. Obviously every case is different, but most of these strategies apply to defeat domestic violence charges.
Don’t wait! Speak to and Retain an Experienced Domestic Violence Lawyer as soon as possible to protect your rights!
Call and speak with Kurt Bartlett at 615-479-0550 today to see how he can get your DV case dismissed and expunged ASAP! - before the damage gets too bad...