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.
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.
Tenn. Code Ann. § 39-13-101(a) defines assault three ways:
"Intentionally, knowingly or recklessly causes bodily injury to another." § 39-13-101(a)(1).
"Intentionally or knowingly causes another to reasonably fear imminent bodily injury." § 39-13-101(a)(2).
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.
Section 39-13-111(a) covers adults or minors who:
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.
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.
| 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:
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.
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:
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.
Domestic assault cases move under rules that do not apply to most other misdemeanors.
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."
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 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.
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.
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.
Recordings often show a different scene than the written report. They need to be requested and preserved early.
Injuries on both people, prior incidents, and witness accounts all bear on whether force was used in self defense.
Bodily injury, fear, and offensive contact carry different maximums and different consequences on a later charge.
A lawyer can ask the court to modify conditions that keep you from your home, your children, or your job.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
Every day you wait is a day the prosecution is working and you are not. Call Patriot Law and get a straight read on where you actually stand.
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