Domestic assault is a serious offense in the State of Tennessee. If you are convicted of domestic assault, you could be sentenced to a lengthy term of imprisonment, ordered to attend counseling and pay for probation, and live with the negative social stigma assigned to people who are viewed as batterers. If you have been falsely accused of domestic assault, you may also be dealing with feelings of betrayal and frustration with the legal system. To help you feel more in control of your situation, a Murfreesboro criminal defense attorney at Bennett | Michael | Hornsby discusses what to do if you were falsely accused of domestic assault in Tennessee.
Understanding the Charges Against You: What Is Domestic Assault in Tennessee?
Under the laws of the State of Tennessee, domestic assault refers to any assault, aggravated assault, stalking, sexual assault, or other similar offense when the alleged victim
is a current or former spouse, intimate partner, dating partner, family member, or household member. Assault, in turn, can occur when there is bodily injury, the threat of bodily injury, or physical contact that a reasonable person would believe is extremely offensive or provocative.
How to Handle a False Domestic Assault Allegation
There was a time, not all that long ago, when domestic violence was essentially ignored by law enforcement officers and courts. What happened within the family was considered “family business” and police officers were reluctant to get involved. Fortunately, that is no longer the case. Unfortunately, it is now extremely easy to accuse someone of domestic assault and once an allegation has been made, law enforcement agencies and the legal system tend to err on the side of safety. This shift in the pendulum means that victims of domestic violence can now safely speak up; however, it also means that false allegations do occur. If you have been falsely accused of committing domestic assault, keep the following in mind:
- Do Not Violate Court Pre-Trial Orders: Courts typically issue a “no contact” Order at the beginning of a domestic assault case as a method of protecting the alleged victim from threats or harassment by the defendant. Your initial reaction to being falsely accused may be to contact the alleged victim to express your outrage or try to “fix” the situation. Do not do that! Violating a court Order that prevents you from contacting the alleged victim can land you back in jail and result in additional charges filed against you. Talk to your attorney if you legitimately need to contact the alleged victim.
- The Alleged Victim Cannot “Drop the Charges”: The State of Tennessee filed charges against you, not the alleged victim. As such, only the State can dismiss the charges. The alleged victim can tell the prosecutor that he/she does not want to move forward or that the allegations were untrue; however, he/she does not have the legal authority to simply “drop the case.”
- An Accusation Is Not a Conviction: As upset as you probably are about the false accusations, remember that an accusation is not a conviction. Just about anybody can accuse anyone of doing anything. Under our legal system, however, you are innocent until proven guilty. Focus on your defense instead of on the anger and frustration you probably feel as a result of the false allegations.
- You Have a Right to a Defense: Your time and energy is best spent focusing on a defense that will prevent a conviction. An experienced criminal defense attorney may use any of several common defense strategies, including gathering witnesses and/or video evidence showing that you did not assault the alleged victim, presenting evidence showing that the alleged victim was the aggressor, or challenging the alleged victim’s credibility.
Contact a Murfreesboro Criminal Defense Attorney
If you have been falsely accused of domestic assault in Tennessee, consult with an experienced Murfreesboro criminal defense attorney at Bennett | Michael | Hornsby as soon as possible to discuss your legal options. Contact the team today by calling 615-898-1560 to schedule your free appointment.
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