What Happens If You’re Arrested for Domestic Violence But Have No Criminal Record?
Being arrested for domestic violence is a serious and distressing experience, especially if you have no prior criminal record. In Tennessee, the law takes allegations of domestic violence very seriously, and an arrest can have significant consequences, regardless of your history.
As a criminal defense attorney, I understand how overwhelming this situation can be. Not only do you have to contend with the emotional toll of being accused, but you also face the potential for severe legal ramifications that could impact your future in ways you may not have considered.
If you find yourself in this situation, it’s important to understand what’s at stake and what to do next. In this article, I will walk you through the process, explain the potential consequences of a domestic violence arrest, and provide some insight into how a criminal defense lawyer can help you protect your rights and defend your case.
Domestic Violence Charges in Tennessee
Domestic violence in Tennessee refers to various criminal offenses involving violence or the threat of violence between individuals who share a domestic relationship, such as spouses, former spouses, cohabitants, or individuals who have a child together.
The legal definition encompasses a wide range of acts, including physical violence, threats, harassment, stalking, or any form of abuse. If law enforcement is called to the scene and there is evidence of an altercation, you may be arrested and charged with domestic violence.
Even without a criminal record, the state takes these allegations very seriously. Tennessee law presumes that anyone arrested for domestic violence is guilty of the offense, and the mere act of being arrested can be enough to prompt a series of legal consequences.
Immediate Consequences of a Domestic Violence Arrest
Upon arrest for domestic violence, you may face immediate consequences, even if you have never been in trouble with the law before. Below are some common outcomes that occur soon after an arrest:
Bail or Bond Hearing: Depending on the circumstances, you may be held in jail until your bond hearing. In Tennessee, domestic violence charges often carry a presumption of no bail or a high bond amount, particularly if the alleged victim fears for their safety.
If granted bond, you may be able to secure your release, but the terms could include restrictions such as no contact with the alleged victim.
No Contact Orders: When you are arrested for domestic violence, a judge may issue a no-contact order, which prevents you from communicating with the alleged victim.
This order can significantly affect your daily life, especially if the person you are accused of harming is someone you live with or have children with. Violating a no-contact order can result in additional criminal charges and further complications in your case.
Loss of Firearm Rights: Tennessee law prohibits individuals convicted of domestic violence from possessing firearms.
While an arrest alone may not result in the immediate loss of your rights, you may be subject to firearm restrictions during the course of your case. This can have a long-term impact if you rely on firearms for personal protection or hunting.
What to Expect as Your Case Moves Forward
After the initial arrest, your case will proceed through the criminal justice system. In Tennessee, domestic violence cases typically involve a few key stages: the arraignment, pre-trial motions, and the trial. Here’s what to expect as your case progresses:
Arraignment: At the arraignment, you will formally be charged with domestic violence and asked to enter a plea of guilty or not guilty. You will also learn about the specific charges against you and the penalties you face if convicted.
This is where you’ll first have the opportunity to request legal representation. As your criminal defense attorney, I will work with you to develop a strategy based on the evidence and circumstances surrounding the case.
Pre-Trial Motions: Before the trial, there may be pre-trial motions, where your lawyer can challenge the evidence or seek to have certain charges reduced or dismissed.
These motions can also address issues like the admissibility of statements made during the arrest or whether the no-contact order should be lifted.
Trial: If your case goes to trial, the prosecution will present evidence that supports the claim of domestic violence, and you will have the opportunity to defend yourself.
As a criminal defense attorney, I will work to highlight weaknesses in the prosecution’s case, question witnesses, and present evidence that supports your innocence. Even if you do not have a criminal record, the prosecution may still attempt to portray you as dangerous, so it’s crucial to have a strong defense.
Potential Consequences of a Domestic Violence Conviction
If you are convicted of domestic violence in Tennessee, the consequences can be severe. The penalties depend on the nature of the offense, whether it’s classified as a misdemeanor or felony, and whether there are any aggravating factors such as a prior history of domestic violence or a weapon being involved.
‘Some of the potential penalties for a domestic violence conviction include:
Misdemeanor Charges: If the charge is classified as a misdemeanor, a conviction could result in a jail sentence of up to 11 months and 29 days. You may also face fines, mandatory counselling or treatment programs, and community service.
Felony Charges: If the alleged victim sustains serious injuries or if there is a history of domestic violence, the charge may be upgraded to a felony. Felony convictions carry much harsher penalties, including lengthy prison sentences, probation, and the permanent loss of certain civil rights, such as the right to own a firearm.
Probation: If convicted, you may be placed on probation, meaning you will be required to comply with certain conditions, such as attending domestic violence classes or refraining from contact with the victim. Any violation of these conditions can lead to additional legal problems.
Impact on Custody and Divorce Cases: A domestic violence conviction can significantly affect your parental rights and custody arrangements in divorce or child custody cases.
In Tennessee, a conviction for domestic violence can be used to argue that you are an unfit parent, potentially leading to the loss of custody or visitation rights.
How a Criminal Defense Lawyer Can Help
Even if you have no prior criminal record, defending against a domestic violence charge in Tennessee requires a strategic approach. As your criminal defense attorney, I can help you in the following ways:
Case Evaluation: The first step is to evaluate the facts of the case. We will carefully examine the evidence, interview witnesses, and assess any inconsistencies in the prosecution's case.
In some cases, it may be possible to show that the allegations are false or exaggerated, leading to a dismissal or reduction of charges.
Negotiating Plea Deals: In some cases, we may negotiate with the prosecutor to reduce the charges or penalties in exchange for a guilty plea. While this may not be the ideal outcome, it can help you avoid a lengthy trial and receive a lighter sentence.
Challenging Evidence: Your criminal defense lawyer can challenge the evidence presented against you, including any statements made to law enforcement or witnesses. If there were any violations of your rights during the arrest or investigation, we may be able to have evidence suppressed or the charges dropped.
Protecting Your Rights in Court: If your case goes to trial, your lawyer will advocate on your behalf, ensuring that your rights are protected and that the prosecution is held to its burden of proof. We will use every legal tool available to mount a strong defense and prevent a conviction.
Helping You Avoid Long-Term Consequences: A domestic violence conviction can follow you for the rest of your life, affecting your career, relationships, and future opportunities.
My goal as your criminal defense attorney is to help you avoid the most severe penalties and limit the long-term consequences you may face.
Why You Should Contact a Criminal Defense Attorney Immediately
If you’re arrested for domestic violence in Tennessee, it’s crucial to contact a criminal defense attorney as soon as possible.
The earlier we get involved, the more time we have to assess the case and develop a defense strategy that works in your favor. Without legal representation, you risk facing harsher penalties, and it’s unlikely that you’ll be able to protect your rights adequately.
Even without a criminal record, domestic violence charges are treated seriously, and a conviction can change your life forever. As a criminal defense attorney, I’m committed to providing you with the best possible defense and ensuring that your case is handled with the care and attention it deserves.
Contact me at Zak Newman Attorney at Law for a consultation. I’m proud to serve the people in Chattanooga and the rest of Tennessee. Call today.