Memphis Domestic Violence Defense Lawyer
Experienced Domestic Violence Attorneys Defending Shelby County, TN
Domestic violence charges should not be taken lightly. Even the least severe charges can have a significant impact on a person’s life. If you have been accused of domestic violence, now is the time to seek aggressive legal representation.
Our Memphis domestic violence attorney, Tim Francavilla, has 25 years of experience creating successful defense strategies to get our clients’ charges dropped or reduced. No matter the specific charges you are facing, Attorney Tim Francavilla can help you pursue a favorable outcome.
Don’t overlook the seriousness of your charges. Call (901) 979-9992 or send us a message online to obtain qualified legal counsel immediately with our experienced Memphis domestic violence attorney.
What Constitutes Domestic Violence in Tenneesse?
Domestic violence includes any behavior that harms, humiliates, manipulates, or injures a family or household member.
The offense can take many different forms and can be of a:
- Physical
- Sexual
- Economical
- Or psychological nature
When a person intentionally, knowingly, or recklessly causes bodily injury to an individual in their family or household, causes them to reasonably fear imminent bodily injury, or touches them in a manner that they find extremely provocative or offensive, it can result in domestic assault charges.
In Tennessee, a family or household member includes:
- A current or former spouse of the offender
- A person with whom the offender previously resided
- An individual who is dating or previously dated the offender
- A person who is related to the offender by blood or adoption
- An individual who is or was related to the offender by marriage
- An adult or minor child of either the offender or a person who has one of the above relationships with the offender
What Are the Penalties for Domestic Assault Charges in Memphis?
The penalties for domestic assault in Tennessee are the same as those for general assault crimes. Domestic assault offenders will face the additional consequences of losing the right to carry a firearm and being required to pay a fine that funds the family violence shelter programs.
The punishments you can expect to face if convicted for domestic assault include:
Fines And Jail Time
When charged as a Class A or Class B misdemeanor, domestic assault is punishable by up to 11 months and 29 days in jail and a maximum fine of $2,500.
If the domestic assault offense is considered to be “aggravated,” the offender can be charged with a Class C or Class D felony, carrying fines of up to $10,000 and a prison sentence of up to 2 to 15 years.
Victim Restitution
A conviction for domestic assault may also result in the offender paying restitution to the victim for any expenses they have incurred as a result of the crime.
This could include the cost of:
- Medical treatment
- Counseling
- Or repair of damaged property
A Criminal Record
A domestic assault conviction will become part of your permanent criminal record. This means that if you are convicted later of another criminal offense, you may suffer even harsher consequences than the first time.
You may have certain professional licenses revoked. In addition, you may have difficulty in applying for housing or finding a job.
Potential Defenses for Domestic Violence in Tennessee
Domestic violence charges in Tennessee carry serious legal and personal consequences, including jail time, fines, and potential damage to one’s reputation and relationships. However, individuals accused of domestic violence have several potential defenses depending on the circumstances of the case.
- Self-Defense - One of the most common defenses is self-defense. It may be possible for the accused to justify their actions if they can show that they were protecting themselves from imminent harm. In Tennessee, self-defense is valid if the force used was proportionate to the threat faced.
- Defense of Others - Similar to self-defense, this defense applies if the accused acted to protect someone else, such as a child or another family member, from harm. The actions must be reasonable under the circumstances.
- False Accusations - Unfortunately, false allegations are sometimes made out of anger, jealousy, or as a tactic in custody or divorce disputes. In these cases, the defense may focus on inconsistencies in the accuser’s story or a lack of corroborating evidence.
- Lack of Evidence - The prosecution must prove the case beyond a reasonable doubt. A skilled defense attorney can challenge the sufficiency of evidence, such as witness statements or physical evidence, to weaken the prosecution’s case.
- Accidental Injury - Sometimes, the accused may claim that the injured victim was not intentionally harmed or violent and that their injuries were unintentional.
- Consent - Although rare, this defense may apply in cases involving consensual activities that were later misconstrued as domestic violence.
It is imperative to consult an experienced Tennessee domestic violence lawyer who can evaluate the case, develop a tailored strategy, and advocate for the best possible outcome. Every case is unique, and a strong defense begins with a thorough understanding of the facts and evidence.
Contact Our Memphis Domestic Violence Lawyer
If you are facing charges for domestic violence, it is in your best interest to contact a skilled criminal defense attorney as soon as possible. At Francavilla Law Firm, we are ready to listen carefully to your side of the story and help you fight to protect your rights and freedom.
Call (901) 979-9992 or contact us online to schedule a free consultation with an experienced domestic assault lawyer.
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Phone calls and emails were always answered, and of course, the outcome was a very pleasant surprise. I felt a huge burden lifted from my shoulders and experienced a few tears of joy driving home.- Sam
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You set the standards that every lawyer should follow!- John
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You did an excellent job maneuvering through this mess. Your office is very professional as well.- Jane
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I have never been in such a scary situation, and I’m so glad I finally found someone who could get me out of it.- Lisa
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The end result is that now I do have a life going forward; my professional career will not be destroyed, nor will my educational pursuit of obtaining a doctorate degree.- Jean
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I really appreciate you being able to turn this into a learning experience that was not detrimental to my future.- Stephanie