Factors that Aggravate a Domestic Violence Case

Posted on Wednesday, August 3rd, 2016 at 4:57 pm    

Domestic violence is defined as a form of assault within members of a household. Therefore, domestic violence can occur between people who are relatives, dating, ex-spouses, or even parent to child abuse. There are two main types of assault that Tennessee prosecutes, simple assault and aggravated assault. Being charged with either forms is an extremely serious circumstance, and it is important to know exactly what consequences are at stake in your case.

Aggravating Factors

An aggravated assault is a more serious and harmful version of a simple assault. Both simple and aggravated domestic assault are a knowing action to harm someone in their household, but are very different in specifics. There are stricter penalties and usually harsher consequences for those who are convicted of aggravated assault. The factors that distinguish an aggravated assault case from a simple one include:

  • Presence of a deadly weapon
  • Severity of injury
  • Criminal Record
  • Degree of offensiveness of the action

It takes a skill to identify the nature of a domestic violence case, and both require the help of a experienced attorney. What is considered reckless, seriously bodily injury, and a deadly weapon, can all be clarified by a lawyer that can guide those involved through the process of building a strategy in court.

State/Federal Penalties

Aggravated assault in Tennessee is a felony, while simple assaults are classified as a misdemeanor. In simple assault cases, defendants can be charged with up to 11 months and 29 days in jail with a fine of up to $2,500. In addition to this, law enforcement is legally allowed to posses all weapons involved in the assault and a protection order can be filed against those charged. Conversely, a felony charge can cause the alleged attacker 3-15 years in prison with a fine of up to $10,000.

False Allegations

Unfortunately, many individuals can be wrongly victimized in a domestic violence case or have a situation be overemphasized for the plaintiff’s financial benefit. In the case where false allegations for domestic assault were successfully proven, then the winning party can be compensated for their attorney payments, and other financial damages. Is is important that those charged with domestic assault do all they can to boost their credibility and hire a skilled attorney to help do so.

Call Our Nashville Domestic Violence Attorneys

If you have been charged with domestic violence, either aggravated or simple, you should do all you can to avoid the serious consequences at hand. At Horst Law, our Nashville domestic violence attorneys understand how frustrated you must feel in this difficult situation, and are here to represent you. Call Horst Law today at (615) 403-2971 to learn more about defending yourself from domestic violence allegations.