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Domestic Violence Defense

What Are the Penalties for Domestic Assault in Tennessee?

The penalties for domestic assault in Tennessee reach past jail and fines. A conviction can cost you your firearms, your home life, and your career. Here is what the statute says, conviction by conviction.

A charge of domestic assault in Tennessee usually starts fast. An argument, a 911 call, an arrest, and a night in jail before anyone hears your side. By the time you are released, there may be a no contact order keeping you out of your own home.

This page explains what the State has to prove under Tenn. Code Ann. § 39-13-111, what each conviction carries, and what happens between the arrest and the first court date. It is general information about Tennessee law, not advice about any specific case.

Charged this week? Austin Tomlinson reviews domestic assault cases at no charge. Call (615) 669-8312 or send a confidential message.

What the State Has to Prove

Under Tenn. Code Ann. § 39-13-111(b), "a person commits domestic assault who commits an assault as defined in § 39-13-101 against a domestic abuse victim." That gives the State two things to prove.

1. An assault

Tenn. Code Ann. § 39-13-101(a) defines assault three ways:

Bodily injury

"Intentionally, knowingly or recklessly causes bodily injury to another." § 39-13-101(a)(1).

Fear of injury

"Intentionally or knowingly causes another to reasonably fear imminent bodily injury." § 39-13-101(a)(2).

Offensive contact

Physical contact that "a reasonable person would regard as extremely offensive or provocative." § 39-13-101(a)(3).

Which of the three the State charges matters. It sets the maximum sentence on a first conviction, and only the bodily injury version triggers the mandatory minimums on a second or third.

2. A domestic abuse victim

Section 39-13-111(a) covers adults or minors who:

  • Are current or former spouses
  • Live together or have lived together
  • Are dating, have dated, or have or had a sexual relationship
  • Are related by blood or adoption
  • Are related, or were formerly related, by marriage
  • Are adult or minor children of a person in one of those relationships

That list is broad. Roommates, siblings, an ex from years ago, and a partner's teenage child all fall inside it. An assault against someone you live with or used to date can be charged as domestic assault in Tennessee, even if nobody in the house would call it domestic violence. See our assault defense page for charges outside this definition.

Penalties for Domestic Assault in Tennessee by Conviction

A first conviction is punished the same as the underlying assault under § 39-13-111(c)(1). Repeat convictions for the bodily injury version carry mandatory jail.

Domestic assault penalties under Tenn. Code Ann. § 39-13-111
Conviction Class Jail Fine
First: bodily injury or fear of injury Class A misdemeanor Up to 11 months, 29 days Up to $2,500
First: offensive contact Class B misdemeanor Up to 6 months Up to $500
Second: bodily injury Misdemeanor with a mandatory minimum 30 consecutive days minimum, up to 11 months, 29 days $350 to $3,500
Third or later: bodily injury Class E felony 90 consecutive days minimum; felony range of 1 to 6 years $1,100 to $5,000

Sources: Tenn. Code Ann. § 39-13-111(c); § 39-13-101(b); § 40-35-111(b)(5), (e)(1) and (e)(2). A second or later conviction for the fear or offensive contact versions is punished the same as assault.

Several rules sit on top of that table:

  • Day for day. Under § 39-13-111(e), the minimum sentence is served day for day, and the rest of the sentence up to the maximum is served on supervised probation. On a first offense, that can mean close to a year of supervision.
  • Ten year window. The enhanced penalties for a second or third conviction do not apply if ten or more years passed between the new violation and the last one that led to a conviction. § 39-13-111(c)(4).
  • Strangulation. A conviction involving strangulation or attempted strangulation carries a mandatory minimum of 30 days. § 39-13-111(f).
  • Shelter fine. If the defendant can pay it, the court must add a fine of up to $225 to fund family violence shelters. § 39-13-111(c)(5).
  • Programs. The judge may order a certified batterer's intervention program, which must be completed in full. Failing to complete it can lead to revocation. § 39-13-111(d).

Judicial diversion is a separate question. Domestic assault is not on the list of offenses that Tenn. Code Ann. § 40-35-313 excludes, but eligibility depends on your record and the court's discretion. Anyone previously granted diversion does not qualify.

A Conviction Takes Your Firearms

For many clients, this is the penalty that matters most. Under § 39-13-111(c)(6), when a defendant pleads guilty or is found guilty of a domestic violence offense, "the judge shall immediately order" the defendant to:

  • "Terminate physical possession of all firearms" within 48 hours of the conviction, for example by transferring them to a third party who can lawfully possess them
  • Complete an affidavit of firearms dispossession and return it to the court

Federal law goes further. 18 U.S.C. § 922(g)(9) makes it unlawful for anyone "convicted in any court of a misdemeanor crime of domestic violence" to possess firearms or ammunition. That federal prohibition reaches a misdemeanor conviction, not just a felony.

A guilty plea to a misdemeanor can end a hunting tradition, a security job, or a military career. Those consequences follow a guilty plea just as they follow a conviction at trial. See how criminal convictions affect gun rights in Tennessee.

What Happens After the Arrest

Domestic assault cases move under rules that do not apply to most other misdemeanors.

The 12 hour hold

Under Tenn. Code Ann. § 40-11-150(h)(1), a person arrested for an assault against a domestic abuse victim "shall not be released within twelve (12) hours of the time of arrest." The magistrate may release sooner on finding that "the offender is not a threat to the alleged victim."

Bond conditions

Release conditions can include an order prohibiting any contact with the alleged victim, "either directly or indirectly." That can mean no calls, no texts, no messages through friends, and no return to a shared home. Violating a condition can put you back in jail.

The State owns the case

The charge is brought by the State of Tennessee, not by the alleged victim. The prosecutor decides whether to move forward, even if the person who called 911 no longer wants the case to proceed.

General Sessions

The case starts in General Sessions Court, where a preliminary hearing tests whether the State has probable cause. It is the first chance to question the arresting officer under oath.

Why a Lawyer Matters in a Domestic Assault Case

Cases of domestic assault in Tennessee often come down to two people's accounts of a few minutes inside a home. Police usually arrive after the incident is over. What they write down in that moment can shape the whole case. A defense lawyer's job is to test all of it.

01

The 911 call and body camera

Recordings often show a different scene than the written report. They need to be requested and preserved early.

02

Who was the aggressor

Injuries on both people, prior incidents, and witness accounts all bear on whether force was used in self defense.

03

Which subsection applies

Bodily injury, fear, and offensive contact carry different maximums and different consequences on a later charge.

04

Bond and no contact terms

A lawyer can ask the court to modify conditions that keep you from your home, your children, or your job.

05

What a plea really costs

A fast plea in General Sessions can look like the easy way out. It still carries the firearms ban, supervised probation, and a conviction on your record.

06

Diversion and alternatives

Whether diversion or another resolution is realistic depends on your record, the evidence, and the prosecutor.

Every case turns on its own facts. Any result described on this page is not a prediction or guarantee of the outcome in another matter.

Talk to the lawyer who will handle your case. At Patriot Law, your first call is with Austin Tomlinson himself. Call (615) 669-8312 or send a confidential message.

A Veteran Who Defends Veterans, and Everyone Else

Austin Tomlinson is an Army veteran. He understands what a domestic assault charge can do to a service member, a veteran with VA benefits, or anyone holding a security clearance, and he defends civilians with the same attention. The firearms prohibition alone can reach a military career, and a conviction can surface in a clearance or benefits review.

Learn more about our domestic violence defense in Nashville, or see veterans criminal defense.

Frequently Asked Questions

Is domestic assault a felony in Tennessee?

A first conviction is a misdemeanor, punished the same as assault under § 39-13-101. A third or later conviction for domestic assault causing bodily injury is a Class E felony under § 39-13-111(c)(3), with a mandatory minimum of 90 consecutive days.

Will I go to jail for a first domestic assault charge in Tennessee?

A first conviction for bodily injury or fear of injury is a Class A misdemeanor, punishable by up to 11 months and 29 days. The statute does not set a mandatory minimum for a first conviction unless it involved strangulation or attempted strangulation, which carries a 30 day minimum under § 39-13-111(f).

Can the alleged victim drop domestic assault charges in Tennessee?

The case is brought by the State of Tennessee, not the alleged victim. The prosecutor decides whether to proceed, even if the alleged victim no longer wants the case to go forward.

Why was I held for 12 hours after a domestic assault arrest?

Under § 40-11-150(h)(1), a person arrested for an assault against a domestic abuse victim may not be released within 12 hours of arrest, unless the magistrate finds the person is not a threat to the alleged victim.

Can I keep my guns after a domestic assault conviction?

No. Under § 39-13-111(c)(6), the judge must order a person convicted of a domestic violence offense to give up possession of all firearms within 48 hours. Federal law, 18 U.S.C. § 922(g)(9), separately prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition.

Is domestic assault eligible for judicial diversion in Tennessee?

Domestic assault is not on the list of offenses excluded by § 40-35-313. Eligibility still depends on the defendant's record, including whether diversion was granted before, and on the court's discretion.

Every case turns on its own facts. Any result described on this page is not a prediction or guarantee of the outcome in another matter.

Free Case Review

Charged With Domestic Assault? Talk It Through With Austin.

Austin Tomlinson will walk through the charge, the bond conditions, and what a conviction would mean for your firearms and your record. The call is confidential and the review is free.

Areas Served

Where Austin Practices


Each county page covers the court structure, the specialty courts and the local rules of that county. Each city page covers which court actually has your case, how far away it is, and what that city's own court can and cannot do. The areas served page lays all of it out in one place. If your city is not listed, call anyway — these are the places Austin appears most often, not the limits of where he goes.

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