Domestic violence continues to be a serious problem plaguing our society today. Over half the children whose mothers are abused are also likely to become a victim as well. When domestic disputes among family members turns violent, you could end up serving time in jail and facing additional penalties. Depending upon the severity of the crime, the prosecutor can charge you with either a misdemeanor or felony. Violent acts that resulted in serious bodily injury are often charged at the felony level.
Penalties of a Misdemeanor Conviction
In the State of Tennessee, if you knowingly injure or neglect a child under the age of 18, you could be convicted of a serious crime. The police aggressively enforce the domestic violence laws. Once charges have been filed, the victim has very limited power in keeping the prosecutor from seeking a conviction in the case. The penalties might include:
- Attend anger management classes
- Enter drug or alcohol rehabilitation program
- Up to a year in jail if the child is over the age of 6 years
- Large monetary fines and court costs
- Restraining order against you preventing you from seeing your partner and children
- Ordered to perform community service
- Probation for a specified period of time
If you and your spouse are going through a divorce, a domestic violence conviction will impact your right to custody and visitation. After successfully completing a court-ordered program, the family court judge may only grant you supervised visitation with the children.
Penalties of a Felony Conviction
If you are found guilty of inflicting serious bodily injury to a child, the District Attorney’s office may choose to charge you with a Class D felony. The penalties of a felony conviction include:
- A term of 2 to 12 years in state prison
- Fines of up to $5,000
- Prohibited from owning any type of firearms
- Loss of civil rights, such as the right to vote or hold public office
- Barred from certain types of employment opportunities
The court will take any prior convictions into consideration before imposing your sentence. A felony conviction can also be used as grounds for terminating your parental rights.
When to Hire an Attorney
An individual who is charged with a felony in Tennessee can demand their case be presented to a Grand Jury. The Grand Jury will be tasked with investigating your case before an indictment can be handed down. If you are convicted, the judge will determine your sentence while taking all mitigating or aggravating factors into account. Once you have been arrested, the police can use all sorts of tactics against you. This is when you need to hire a criminal defense attorney. They can possibly work out a plea agreement or ask the court to allow you to enter a diversion program if this is your first offense. Don’t take any chances when your future may be at risk. Seek advice from a qualified legal expert.
