Domestic Violence Offenses with a Firearm
Domestic violence allegations are serious offenses under Tennessee law, but the allegations become much more severe if the victim alleges that the violence involved the use of a firearm. Bluntly stated, those arrested for domestic violence involving firearms face more time in prison if convicted. If you face such charges, you need an attorney with experience defending people from domestic violence charges. If you have been arrested for such charges in Nashville or the Middle Tennessee area, contact Philip N. Clark at PNC Law.
Tennessee Law on Domestic Violence and Firearms
In Tennessee, the crime of domestic assault consists of an assault against a family member or with an adult that the person lives with.[1] This group includes the following groups of people under Tennessee law:
Adults or minors who are current or former spouses;
Adults or minors who live together or who have lived together;
Adults or minors who are dating or who have dated or who have or had a sexual relationship, but does not include fraternization between two (2) individuals in a business or social context;
Adults or minors related by blood or adoption;
Adults or minors who are related or were formerly related by marriage; or
Adult or minor children of a person in a relationship that is described in subdivisions (a)(1)-(5).[2]
If a person commits an act of domestic violence that involves the use or display of a firearm, then the crime is elevated to aggravated assault.[3] Such an offense is a serious Class C felony at a minimum.[4] But, the consequences are more severe than the felony conviction. A defendant convicted of such an offense must give up all of their firearms.[5] As part of the sentence, the defendant convicted of a domestic assault with a firearm may have to attend a drug or alcohol treatment program or “available counseling programs that address violence and control issues including, but not limited to, a batterer’s intervention program that has been certified by the domestic violence state coordinating council.”[6] Such a conviction could have severe ramifications in the family law and employment law realms as well.
Need for a Criminal Defense Attorney
Needless to say, if you are charged with a domestic violence charge involving firearms, then you need an experienced criminal defense attorney. An experienced criminal defense attorney is necessary for you to fight these charges effectively. The attorney may be able to make a variety of defenses, such as a self-defense claim or poke holes in the alleged victim’s story. He may be able to show that the firearm was not used in the commission of any alleged offense.
Nashville-based attorney Philip N. Clark of PNC Law is just such an experienced attorney. He is a zealous advocate on behalf of his clients. Furthermore, he has nearly twenty (20) years of experience as a former Metro police officer. He may be able to assert a variety of defenses on your behalf. If you face domestic violence charges involving the use of a firearm, contact attorney Philip Clark at (615) 678-1033 or e-mail him at philip@tncriminaldefenseattorney.com.
[1] Tenn. Code Ann. §39-13-111.
[2] Tenn. Code Ann. §39-13-111(a)(1)-(6).
[3] Tenn. Code Ann. §39-13-102(a)(1)(A)(iii)
[4] Tenn. Code Ann. §39-13-102(e)(i)(A)(ii)
[5] Tenn. Code Ann. §40-14-109(b)(2).
[6] Tenn. Code Ann. §39-13-111(d).
