First Time Domestic Assault Charge in Tennessee: New 2024 Law Requires GPS Monitoring

Tennessee law categorizes domestic assault as a unique offense with specific rules and penalties. According to Tennessee Code Annotated (TCA) § 39-13-111, domestic assault charges can range from misdemeanors to felonies, depending on the severity of the incident and any prior offenses: 

1. Class A Misdemeanor: This is the most common charge for a first-time domestic assault offense. Penalties for a Class A misdemeanor can include up to 11 months and 29 days in jail, fines up to $2,500, mandatory counseling or anger management classes, and probation.
   • Any individual who has previously been convicted of a domestic assault is at risk of enhanced mandatory minimum jail sentences. For example, a second offense has a mandatory thirty (30) day minimum in jail in addition to the punishment listed above.
2. Class B Misdemeanor: Domestic assault charges can also be classified as Class B misdemeanors, but this is less common. Class B misdemeanors typically involve less severe cases and can result in up to six months in jail and fines up to $500.
3. Class E Felony: An individual with two or more prior convictions is at risk of enhanced punishment for being a repeat offender of domestic assault. A third or subsequent domestic assault conviction results in a mandatory fine of $1,100-$5,000 and a mandatory jail sentence of a minimum of ninety (90) days. The charge additionally gets enhanced from a misdemeanor to a Class E felony.
4. Class C Felony- Aggravated Assault: A domestic assault can become a Class E felony aggravated assault if the assault involves serious bodily harm, the use of a deadly weapon, or there is an allegation of strangulation. Penalties for a Class E felony include three (3) to fifteen (15) years in prison and fines up to $10,000.
   • In recent years the law changed to add strangulation as a factor to enhance an assault to an aggravated assault. Stangulation requires a loss of breathing, not mere touching of the neck or shoulder area. Officers routinely ask victims if there was any strangulation so they can enhance the charge. There are often times discrepancies between what the victim alleges as a mere touching and the officer enhancing the charge to an aggravated assault.

In addition to criminal penalties, a domestic assault conviction can have significant collateral consequences, such as:

• Loss of Gun Ownership Rights: Federal and state laws prohibit individuals convicted of domestic assault from owning or possessing firearms. This loss of gun rights occurs even on a first-offense misdemeanor domestic assault conviction.
• Impact on Child Custody and Visitation Rights: Courts may consider a domestic assault conviction when making decisions about child custody and visitation.
• Employment Challenges: A criminal record can make it difficult to obtain or maintain employment, especially in certain fields.
• Possible Deportation for Non-Citizens: Non-citizens convicted of domestic assault may face immigration consequences, including deportation.

The specific circumstances of each case will influence the classification of the charge and the resulting penalties. For example, repeat offenses or the presence of aggravating factors, such as using a weapon, can lead to more severe charges and harsher penalties.

Domestic Assault Bond Conditions:

1. No Contact with Victim or Witnesses

In every domestic assault case, a bond condition will require no contact with the victim. The court order prohibits you from communicating directly, or even indirectly through third-parties such as family or friends, with the victim in your case. No contact does not only include in-person contact, but also phone calls, text messages, emails and social media. A violation of the no-contact can result in an arrest for violating a court order, revocation of your bond and an additional charge.

2. Mandatory GPS Monitoring

A new law, known as the Debbie and Marie Domestic Violence Protection Act, went into effect on July 1, 2024 that may result in a requirement of a GPS monitor as a bond condition. In a domestic assault (non-aggravated), the arresting officer is supposed to inform the victim of their right to GPS monitoring should they opt-in. This would require the defendant to wear a GPS ankle monitor, and provide the victim with a phone application that notifies them when the defendant or accused is within a specific distance from the alleged victim. The GPS monitor is supposed to be mandatory in aggravated assault cases. An exception to the GPS monitor is if the accused’s attorney can demonstrate that the accused does not pose a risk of danger to the victim and the community.