Those accused of domestic violence face serious penalties
Being charged with domestic violence is something that an accused individual should take seriously. Accordingly, it is important for those accused of such a crime to know how to protect their rights.
April 11, 2013
Those accused of domestic violence face serious penaltiesArticle provided by Law Office of Edward E. DeWerff
Visit us at http://www.dewerfflaw.com
Without a doubt, domestic violence is a serious issue for everyone involved; however, it can be a life-changing event for an individual who gets falsely accused of such acts.
The term "domestic violence" can cover physical harm that is inflicted on any member of a household by another member of that same household. It is sometimes called spousal abuse as well, and even though murder and rape can be considered forms of domestic violence, lower levels of abuse can qualify as well, such as shoving, slapping and even stalking.
Changes to the law
In 2012, Tennessee amended the sentencing laws related to domestic violence. Specifically, the Tennessee Code Annotated, Section 39-13-111(c) was amended to add enhanced penalties for second, third and subsequent convictions. Those penalties are as follows:
-Any individual who gets convicted of a second offense of domestic violence that involves bodily injury will be subject to a fine ranging between $350 and $3,500, as well as jail time ranging from a minimum of 30 days up to 11 months and 29 days
-Third or subsequent convictions for domestic assault committed in the same manner as noted above will be punished with a fine ranging from $1,100 to $5,000 and by jail time of no less than 90 days and no more than 11 months and 29 days.
It should also be noted that the enhanced penalties discussed in this section of law will not apply to cases where 10 or more years have passed since the date of the current violation and the date of any immediately preceding violation of the law that resulted in a conviction.
Fixing the damage from a domestic violence accusation
As noted above, Tennessee law enforcement can arrest the main aggressor in a domestic violence claim, which may or may not be the person who started the argument or fight. The arrested individual will be required to stay in jail for at least 12 hours, and once released, that person will likely be made to stay away from the home and not make contact with the victim or children, if any.
That said, it is highly advisable that individuals who have been charged with domestic violence seek the services of a lawyer as soon as possible in order to preserve their rights. A qualified legal professional may be able to negotiate a favorable resolution. A criminal conviction can permanently damage the reputation and livelihood of the accused.