Domestic assault in Tennessee is defined as assault against a “domestic abuse victim.” What constitutes a domestic abuse victim can be pretty broad, but it generally includes people who are related by blood or marriage, or people who have dated or had a sexual relationship. That can be a lot of different people in someone’s life. It could be an in-law, a distant relative, or an ex-boyfriend or girlfriend.

Under Tennessee law, where a police officer has probable cause to believe a person has committed domestic violence, the police may arrest that person. Generally, to make a warrantless arrest for a misdemeanor the offense must be committed in the officer’s presence; however there is an exception to this rule for domestic violence. As long as the police have probable cause, they may arrest the individual for domestic assault without a warrant and without having witnessed the offense.

Often in domestic cases it may appear that two or more people were committing domestic violence towards each other. In these cases the officer must determine who is the primary aggressor, and may look at such factors as the history of domestic abuse between the parties, the severity of injuries inflicted on each person, evidence from the persons involved and witnesses, and whether anyone acted in self-defense.

For a person charged with domestic violence in Memphis, they will have different options on how to handle the case. They may always elect to have a trial; however, if there is a way to dispose of the case and keep it off the client’s record without a trial I usually recommend that approach. One common way is to enroll in anger management classes.

The State’s attorney will usually allow the accused, if they do not have a prior record, to take anger management classes in lieu of further prosecution. The classes meet once a week for eight weeks and the client gets a certificate at the end. The client then brings the certificate to court and the case is dismissed. The client will have to pay court costs as well. Following the dismissal and payment of costs, the client can have the complete record of the case expunged.

Another option might be to do what is often done in Collierville, a suburb of Memphis. In Collierville the prosecution will often dismiss a domestic violence case if the victim agrees to sign an affidavit stating they do not wish to press charges. As a domestic assault lawyer for the Memphis area, I can assist in drafting the affidavit and having the victim sign it at my office. I would then submit it to the prosecutor, who would announce to the judge that the case is being dismissed, and then assist the client in the process of expunging the matter from their record.

The cost of a domestic violence conviction can be high. Not only does it leave a lasting stigma, the individual may be facing up to 11 months and 29 days in jail. Furthermore, under federal law they would not be allowed to ever again purchase or possess a firearm. Because of these consequences it is important that an individual charged with domestic assault in Tennessee take all necessary steps to insure that it does not become a permanent conviction on their record.

Memphis is located on the banks of the Mississippi river in Northwest Tennessee. With a population of around one and a half million it has a lot to offer.

The area around Memphis was first settled by Native Americans of the Chickasaw tribe and you can find this name on street signs and ball teams in the region. Resting on the banks of the Mississippi River It has been influenced by many cultures because of early explorers. It has been explored by the French and Spanish as early as the mid 1500′s.

The Mississippi, also known as the Big River, has had a lot to do in shaping the culture of Memphis and the surrounding area. It carried a lot of goods to and from Memphis in the early history of it and still does today. FedEx has it’s main hub in Memphis as well.

Memphis became a city in 1826 and shares its’ name with an ancient capital of Egypt. The pyramid shape was chosen as the new city arena concert venue and organized basketball games.

Also, it was in Memphis that Dr. Martin Luther King, Jr. was assassinated. Memphis was a focal point of the civil rights movement and is the city that Dr. Martin Luther King Jr. was assassinated. The hotel where it happened has been turned into a civil rights museum and is a tourist attraction.

Memphis, like much of the mid-south is very humid with hot summers and freezing winters. The area is often called tornado alley for all of the tornadoes that are produced there in the spring. That being said the climate for the most part is very nice and a good vacation spot. Memphis has some of the best fishing in the United States and many people will tell you it has the best barbecue.

Memphis has a festival called Memphis in May with live bands and BBQ teams from all over the country competing for top prize. It is also famous for Beale St. and the Blues.

If you would like to learn about Memphis vacation packages now is a great time. There is always something going on in this historical town.