Domestic Violence

Tennessee ranks 4th in the nation for the rate at which men kill women in domestic related homicides. According to the Tennessee Bureau of Investigation, approximately 77,846 reported offenses were domestic violence related in Tennessee. When the police respond to a domestic related call they will (1) identify the primary aggressor and (2) place that individual under arrest. Domestic violence can be physical or verbal. Domestic violence related offenses such as domestic assault, stalking, harassment, interference with an emergency call and aggravated assault - strangulation are very common and punished severely. As a former domestic violence prosecutor, Mr. Pugh has handled hundreds of domestic related misdemeanors and felonies. If you have been arrested and charged domestic related crime, then you should consult an experienced Nashville domestic violence attorney.

You have been charged with domestic assault. What must prosecutors prove?

1. that the defendant either intentionally, knowingly or recklessly caused bodily injury to a domestic abuse victim; or
2. that the defendant either intentionally or knowingly caused a domestic abuse victim to be in reasonable fear of bodily injury; or
3. that the defendant either intentionally or knowingly caused physical contact with a domestic abuse victim and a reasonable person would regard the contact as extremely offensive or provocative

In Tennessee, domestic abuse victim means any adult or minor who

1. is a current or former spouse of the defendant;
2. lives or has lived together with the defendant (roommates);
3. is dating or has dated, or is having or has had a sexual relationship with the defendant, not including fraternization between two (2) individuals in a business or social context;
4. is related to the defendant by blood or adoption
5. is or was formerly related to the defendant by marriage; or
6. Is the child of any relationship with the defendant described in (1)-(5)

What are the consequences if you are convicted?

• 11 months and 29 days in jail
• mandatory jail time if this is your 2nd or 3rd offense
• court supervised probation
• fines up to $5,000 and court costs
• 26 or 52 week batterers’ intervention course
• permanent conviction on your record
• no contact with victim
• prohibited from possessing firearms

You have been charged with harassment. In order to be convicted, what must prosecutors prove?

1. that the defendant communicated a threat to another person;
2. that the defendant intended the communication to be a threat of harm to the alleged victim; and
3. that a reasonable person would perceive the communication to be threat of harm

What’s the potential punishment if you are convicted?

• 11 months and 29 days in jail
• court supervised probation
• fines up to $5,000 and court costs
• 26 or 52 week batterers’ intervention course
• permanent conviction on your record
• no contact with victim

You have been charged with stalking. In order to be convicted, what must prosecutors prove?

1. that the defendant contacted another person on two (2) or more separate noncontinuous occasions that would leave a reasonable person to feel threatened or harassed; and
2. that the defendant acted intentionally

What’s the potential punishment if convicted?

• 11 months and 29 days in jail
• court supervised probation
• fines up to $5,000 and court costs
• 26 or 52 week batterers’ intervention program
• permanent conviction
• no contact with victim

My girlfriend had me arrested for domestic assault, but now she doesn't want to prosecute. Will the district attorney drop the charges?

It depends. Before a prosecutor will dismiss the charge he or she must think that obtaining a conviction is highly unlikely or the case is without merit. Prosecutors will examine every piece of evidence available to determine if the case can be prosecuted without the alleged victim.

• Is there a 911 call?
• Were any witnesses present when the alleged incident occurred?
• Did the defendant make any admissions to the police?
• Are there any photographs of the crime scene or the alleged injuries?
• Did the alleged victim go to the hospital? If so, do the medical records support the allegations?

Trusted Nashville domestic violence attorney Byron Pugh has received specialized training on how to prosecute domestic violence cases. This experience will give those accused of domestic assault or stalking a strategic advantage when crafting a defense. Nashville domestic violence lawyer Byron Pugh represents clients across Middle Tennessee, including but not limited to Nashville, Franklin, Brentwood, Spring Hill, Murfreesboro, Gallatin, Clarksville, Columbia, Davidson County, Sumner County, Rutherford County and Williamson County. Contact Byron Pugh Legal at (615) 255-9595 or (615) 957-9178 (after hours and weekends) or online to setup a free consultation.