Domestic Assault:
When charged with domestic assault, individuals often face some of the most challenging days of their lives. The complexities of the legal system and the potential consequences of such charges can be overwhelming. Unlike most other charges, domestic assault comes with a no contact bond or pretrial condition. Our lawyers understand the difficulties that causes for an individual as often times it requires our clients removal from their residence to stay with family or a hotel until either (1) the bond conditions get amended to remove the no contact order or (2) the case gets resolved. In addition to leaving your home this also means no contact whatsoever with your loved ones including potentially a spouse, relative or even your children. It is crucial to turn to experienced criminal defense lawyers, like those at Barnes & Fersten, to navigate the process effectively and secure your rights. This article will explore the various aspects of domestic assault, the importance of hiring skilled legal representation, and how Barnes & Fersten can provide the support you need during this difficult time.
Domestic assault occurs when an assault involves a special relationship between the alleged victim and the accused. The following relationships can cause an assault to be classified as domestic:
Domestic assault, like simple assault, is a Class A misdemeanor punishable up to 11 months and 29 days. However, in addition to the punishment as a Class A misdemeanor, a domestic assault conviction also results in termination of physical possession of all firearms in the defendant’s possession within forty-eight (48) hours of the conviction by any lawful means, including transferring possession to a third party who is not prohibited from possessing firearms. It also has additional fines that may not be assessed in a simple assault case.
Our Knoxville criminal defense lawyers do everything within their power to help you go back home as soon as possible by filing a motion to amend the bond conditions to allow contact with the alleged victim in most domestic assault cases and most of the time the judge will grant the motion, usually with the condition of no assaultive behavior, if the alleged victim wants the no contact order removed. We understand that not talking to your loved ones, many times over a misunderstanding or contacting the police simply to diffuse a situation, is a daunting one. We want to make the process as smooth as possible and avoid any long-term effects by avoiding a conviction if possible through a dismissal of the charges against you.Â
Contact Barnes & Fersten today for a free consultation. Our attorneys have successfully represented countless individuals charged with domestic assault and aggravated assault across East Tennessee including but not limited to Knox County, Loudon County, Anderson County, Blount County, Sevier County, Union County, McMinn County, and Roane County.
A second domestic assault conviction will result in a fine of $350-$3,500 and a mandatory minimum of thirty (30) consecutive days, but no more than 11 months and 29 days, in the county jail.
A third or subsequent domestic assault conviction results in a mandatory fine of $1,100-$5,000 and a mandatory confinement of ninety (90) consecutive days, but no more than 11 months and 29 days, in the county jail. Depending on the relationship with the alleged victim, the charge may be enhanced from a Class A misdemeanor to a Class E felony.
Thus, unlike a simple assault, a domestic assault conviction will result in an enhanced punishment if you have previously been convicted of domestic assault. This only applies if you are convicted and convicted of the enhanced subsequent domestic assault.
When facing domestic assault charges, the support of skilled criminal defense lawyers is crucial. Barnes & Fersten’s experienced attorneys understand the complexities of domestic assault cases and work tirelessly to defend their clients’ rights.
One of the initial challenges faced by individuals charged with domestic assault is the no contact order or pretrial condition. This often requires the accused to leave their residence and stay with family or in a hotel until either the bond conditions are amended to remove the no contact order or the case is resolved. This can result in no contact whatsoever with loved ones, including spouses, relatives, or even children.
Barnes & Fersten’s criminal defense lawyers do everything within their power to help you return home as soon as possible. They file a motion to amend the bond conditions in most domestic assault cases, allowing contact with the alleged victim. Most of the time, the judge will grant the motion, usually with the condition of no assaultive behavior, if the alleged victim wants the no contact order removed.
Barnes & Fersten’s experienced attorneys guide clients through every step of the legal process, from arrest to resolution. They work closely with clients to identify defenses and strategies, addressing questions and concerns promptly. This collaborative approach ensures the best possible outcome for each case.
Barnes & Fersten’s criminal defense lawyers strive to avoid long-term consequences for their clients by working towards the dismissal of domestic assault charges. They understand that not talking to loved ones, often due to a misunderstanding or contacting the police to diffuse a situation, is a daunting prospect. Their goal is to make the process as smooth as possible and minimize the impact on clients’ lives.
Are Assault charges judicial diversion eligible?
Assault and domestic assault are both eligible for something known as judicial diversion, but an aggravated assault is not eligible. Judicial diversion is where you technically plead guilty, but the guilty plea never goes into the system on your record as a guilty plea so long as you follow the conditions of your probation. Then, at the end, the charge will be dismissed and eligible to be expunged for $100 as if you never pled guilty to the charge, allowing the charge to be removed from your record and not show up on a background check under most circumstances.
Because you only receive one judicial diversion in your lifetime, our attorneys generally negotiate for a judicial diversion as a last resort only if no more favorable offer is available that will allow the charge to be dismissed or resolved favorably without the use of your judicial diversion.Â
Barnes & Fersten have a proven track record of successfully defending clients charged with domestic assault. Their dedicated team of criminal defense lawyers is committed to providing personalized, aggressive representation in your time of need. Here are just a few reasons to choose Barnes & Fersten as your domestic assault criminal defense lawyers:
Barnes & Fersten have received numerous accolades for their exceptional client service and consistently positive results. Their commitment to open communication and transparency throughout the legal process ensures clients are always informed and supported.
Barnes & Fersten’s criminal defense lawyers thoroughly investigate each case, examining all aspects of the arrest and evidence to identify any weaknesses in the prosecution’s case. They work with clients to determine the best strategies and defenses to employ on their behalf, ensuring clients are informed every step of the way and are available to answer questions and discuss concerns throughout the case.
If you or a loved one has been charged with domestic assault, it’s crucial to act quickly to protect your rights and secure the best possible outcome for your case. At Barnes & Fersten, their experienced criminal defense attorneys are dedicated to providing you with personalized, aggressive representation in your time of need.
Contact Barnes & Fersten today at (865) 805-5703 or through their online contact form to schedule a free, confidential consultation. They will discuss the specifics of your case, answer any questions you may have, and outline a strategic defense plan tailored to your unique situation.
Barnes & Fersten PLLC was founded with you, our future client, as the focal point. We work hard every day to deliver each client a high-quality, personalized and aggressive representation.
