Legal Question in Criminal Law in Tennessee
husband and son got into a fight husband was arrested he plead guilty because he thought he was doing the right thing. now he is having trouble getting a job .is his domestic assault considerd a felony?
1 Answer from Attorneys
Simple assault ( a push, a shove, even a simple punch in the nose or a wrestling match) is a either a Class B Misdemeanor (for "offensive touching"), or at worse a Class A Misdemeanor in Tennessee (for all other cases).
It would be a felony offense ("aggravated assault") only if:
1 - A deadly weapon was used, or;
2 - Serious bodily injury resulted, or;
3 - It was contrary to an Order of Protection or Restraining Order.
And if it was a felony, he would certainly know it, because he would be in Circuit Court, with a court reporter, an attorney, a lot of written paperwork, etc.
Calling it "domestic" because it involved a fellow family member IS important. I hope it was explained to him that while the offense may only be a misdemeanor, IT CAUSES A LIFETIME BAN AGAINST THE POSSESSION OF A FIREARM OR AMMUNITION under the Federal Gun Control Act!
AND, while as a general rule, a misdemeanor conviction should not bar your husband from employment, in this case he pled guilty to an offense that indicates an anger control problem. A employer might reasonable decide that man who cannot or will not control his temper might pose a risk to other employees.
If this was a first offense, your husband should have had the opportunity to apply for pretrial or post-trial/judicial diversion, and have the charge dismissed without a conviction if he demonstrated good behavior. If he did not talk to an attorney before entering his plea, he should RUN, don't walk, RUN to an attorney and see what -- if anything -- can be done a this late hour to avoid some of the consequences of his plea. For example, an appeal from General Sessions Court must be filed within ten days (that is a very short time); a petition for post-conviction relief must be filed within one year.
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