How Tennessee Defines Domestic Assault
Tennessee defines domestic assault as an assault committed against someone you share a close domestic relationship with, such as a spouse, partner, relative, or person you live with. The connection between you and the alleged victim, not just the act itself, is what turns a simple assault into a domestic assault charge.
Who Can Be a Domestic Abuse Victim?
State law focuses on the relationship between the two people involved. A person can be a domestic abuse victim if they fit one of these categories with you:
- Current or former spouses
- People who live together or once did
- Partners in a current or past dating or sexual relationship
- Relatives by blood or adoption
- Relatives by current or former marriage
- Adult or minor children of anyone in those groups
The classification of an assault charge in Tennessee depends heavily on the relationship between the individuals involved. The same physical act, such as a shove or grab, may be charged as domestic assault instead of simple assault when the parties fall within certain legally defined categories, including roommates or individuals who are or were in a dating relationship.
What Penalties and Consequences Come With a Conviction?
A first domestic assault charge is usually a Class A misdemeanor, which can carry up to 11 months and 29 days in jail and fines reaching $2,500. The consequences stretch past the courtroom, since a conviction can cost you the right to own a firearm under federal law, sway child custody decisions, and create immigration problems for non-citizens.
In Davidson County, these cases begin in General Sessions Court before any felony matter proceeds to Criminal Court.
How Do Repeat Offenses Change the Penalties?
Tennessee increases penalties for repeat convictions, and Tennessee Code Annotated § 39-13-111 sets mandatory jail time that escalates with each offense:
- First offense: Typically a Class A misdemeanor.
- Second offense: A mandatory minimum of 30 days in jail.
- Third or later offense: A mandatory minimum of 90 days, with felony exposure for some prior records.
A second offense within ten years of the first triggers these minimums, while a third can rise to a Class E felony when the relationship and prior record line up. The gap between a first charge and a later one is wide, so your history heavily shapes the exposure you face.
How Does Strangulation Affect a Domestic Assault Case?
Conduct that involves strangulation or attempted strangulation pushes a case into far more serious territory. Tennessee adds a mandatory minimum of 30 days behind bars for strangulation in a domestic case, and choking conduct can also support an aggravated assault charge, which is a class C felony rather than a misdemeanor. Prosecutors take these allegations seriously even without visible injuries, since strangulation often leaves little outward mark.
Next Steps if You Are Facing Domestic Assault Charges
Don’t wait to seek legal counsel for a domestic assault. The choices you make early can shape everything that follows. With 60 years of collective experience and a former prosecutor on the team, Andrew C. Beasley, PLLC, defends clients throughout Nashville and Davidson County and stays available 24/7 to answer your questions. Call (615) 274-4009 or contact our firm online to go over your options.