Agg Assault Tca - In the heat of a domestic dispute, it is common for a person to feel threatened to call the police - only to back off when the police arrive, or shortly afterwards.
A person who calls the police may believe that this case is about his/her complaint against his/her husband, wife, husband or other family member. (A domestic violence case may also involve close friends, neighbors, former romantic interests and/or the other parent of the whistleblower's child.)
Agg Assault Tca
Once the police intervene, however, it is no longer a secret matter. It is no longer a case of one man or woman complaining to the other. It becomes, instead, the story of the world against the imaginary. It is rare for the government to dismiss this case because the complaining witness says there is no reason to continue.
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If you are accused of domestic battery or aggravated domestic battery, you need to act quickly to protect your interests. In May McKinney, our Nashville Domestic Assault Lawyers provide strong defense to defendants and defendants throughout the Nashville area facing domestic violence charges of any type. With over eight decades of combined legal experience and our team's criminal defense practice, we can provide effective representation before a domestic assault charge.
To discuss your case and options, call our Nashville Domestic Assault Lawyers at (615) 265-6383. We also serve clients in Franklin, Brentwood, Mount Juliet and surrounding areas.
Criminal charges can apply in cases involving violence between spouses, ex-spouses, family members, former partners or cohabitants.
This type of crime is called "domestic assault" or "domestic violence". If you are facing a charge of assaulting someone close to you, you will need a certified Nashville attorney on your side.
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Since 2011, a domestic violence-related law has been in effect in Tennessee. Under this law, attempting or intending to cause bodily harm by strangulation is a crime of aggravated assault. This type of crime is defined as controlling the victim's airways and is common in cases of domestic violence.
Another type of extended home battery involves running the home battery while the protection is still active. Even a simple violation of a restraining order can elevate criminal charges to the level of a felony.
Domestic battery involving the possession or use of a deadly weapon is one way that a battery charge can result in a domestic battery charge.
If any of these descriptions of charges leading to an aggravated domestic assault charge seem familiar, your need for criminal defense information is urgent. The sooner you have an experienced attorney working on your case, the more likely you are for a positive outcome.
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At May McKinney, our Nashville domestic assault attorneys fight for results in domestic assault and aggravated assault cases, including:
No defense attorney can guarantee any specific outcome in a criminal case. However, our clients are reassured by our strong track record. Discuss your case with Nashville Domestic Assault Lawyers and explore the options that may have the desired outcome in your case.
Stand strong in defense of your rights, your freedom and your future in the face of allegations of domestic assault or aggravated assault. If we represent you, you can be assured that we will investigate all aspects of the crime of non-compliance that can convince the prosecutor or the jury that you are not guilty. Assault can be a class 'A' or class 'B' misdemeanor and carries up to 11 months and 29 days in jail. Assault is sometimes called Simple Assault, to distinguish it from Aggravated Attack. Even a simple assault to start a crime can result in an arrest. If you have been charged with assault, it is important to find an attorney to help you defend your case.
Under Tennessee law, there are three types of conduct that constitute assault: harming another person, threatening to harm another person, and treating another person in an extremely offensive manner.
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Let's look at how Tennessee assault law defines assault. The Tennessee Code defines cruelty in three ways in T.C.A. 39-13-101. First, the law says that hitting a person willfully, knowingly, or recklessly causes harm to another person. Second, the law states that violence is done intentionally, knowingly, or recklessly, causing someone to fear imminent bodily harm. Third, the law states that intentionally or knowingly assaulting a person in a manner that a reasonable person would find offensive or offensive. Let's look at an example of each type of theft.
The first form of anger is the type that most people think of when they hear the word anger. In the first type of anger, it describes physical damage. This means that, to be guilty of first degree assault, the defendant must have harmed the victim in some way. However, the damage may be minor, such as bruises or scratches. As a first example, a punch to the face leaves a wound and a blow to the body.
The second form of anger is anger due to fear of physical harm. You may be surprised to learn that under Tennessee law, assault can occur without even touching. This is because the law says assault if it causes someone to have a reasonable fear of imminent bodily harm. So if your words or actions are so threatening that a reasonable person thinks you are about to harm them, it is anger. The key concepts here are understanding and approach. A good lawyer knows to ask if the defendant's fear was reasonable under the circumstances and if the physical harm could have been done sooner. For example, cursing someone with their fist raised inches from their face is likely to be aggressive, as a reasonable person would be afraid of being hit immediately. Yelling at them from the other side of the locked door may or may not strike, depending on how quickly or easily the defendant would have broken down the door.
Yelling at someone over the phone over a long distance is not assault because the defendant cannot harm the person, although it may be another crime such as harassment.
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Finally, hitting can be an annoying touch. At first, "offensive touch" may sound like it means to cover up a sexual offense. However, sex crimes are more serious and are defined in their own section of the penal code, separate from assault. But, an offensive touch usually refers to a touch that insults or insults, or sometimes an act of violence that is done without sufficient force to harm. Remember the example above of the punch to the face causing scars? This was an example of anger and physical harm. Let us consider the same example of a slap that does not leave a wound, even a wound. This is an example of an offensive attack. The slap is very offensive, even if it doesn't hurt, and can lead to a fight unless the victim has a lot of self-control. Precisely for this reason, offensive contact is illegal and constitutes the third and final form of aggression. It is important to remember that the torture is less severe than the other two forms of aggression and usually results in a lower sentence.
To summarize, there are three simple forms of assault under Tennessee Law. In layman's terms, these three ways are harming someone, threatening someone, and treating someone offensively. All three forms have the potential to be arrested. If you have been charged with assault, call 901-322-8711 immediately to schedule your free consultation.
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