Nashville Domestic Violence Defense Lawyer

Nashville Domestic Violence Defense Attorney

If you have been charged with any crime related to domestic violence in the Nashville area, you could face potentially devastating and life-altering consequences. The prosecution will take your case seriously, and you need a Nashville domestic violence lawyer who will take your defense with just as much gravitas. At the Law Office of Cesar Arbelaez, we understand that these are frightening and uncertain times, but with our help, you can fight the charges, potentially resulting in a reduction, lighter sentence, or complete dismissal of the charges you are facing.

In Nashville, as soon as an allegation of domestic violence comes about, the legal process will be set in motion and can be difficult to stop. This is why having an attorney on your side, working to maintain your innocence and argue your defense, is so important. The counsel and representation of an attorney can make all the difference when it comes to a desired outcome for your case. The counsel and representation of an experienced criminal defense lawyer in Nashville can make all the difference when it comes to a desired outcome for your case

Common Types of Domestic Violence Cases in Nashville, TN

Domestic violence or assault charges can arise when certain actions occur between members of a domestic relationship. This can include individuals such as:

• A former or current spouse
• A blood or adopted relative
• A former or current relative through marriage
• Individuals currently cohabitating
• A current or former dating or sexual partner
• A minor or adult child of any individual listed above

Domestic violence typically occurs when an individual is put in fear of bodily injury or experiences actual physical contact with the alleged offender. You may also find yourself charged with domestic violence when you are facing charges of additional criminal actions such as rape, the false imprisonment of an adult or child, kidnapping, child abuse, child neglect, or child endangerment.

Physical actions, or the threats of physical actions, that can be considered acts of domestic violence typically include the following:

• Stalking
• Hitting
• Punching
• Pushing
• Slapping
• Pinching
• Hair-pulling
• Throwing objects

However, domestic violence doesn’t have to only exist in a physical sense. It can take various other forms, including:

• Threats of physical violence
• Threats of emotional or financial abuse
• Intimidation
• Verbal abuse
• Financial abuse, such as controlling all aspects of the family income

At The Music City Defender, we have faced many types of domestic violence cases while defending our clients. The most common domestic violence cases we have handled include the following:

• Stalking: There are several ways in which these charges might arise in the Nashville area. You may be accused of stalking if you have allegedly committed any unwanted following, harassment, lurking around the home or workplace of an individual, leaving messages with the victim’s friends, family, or co-workers, or lurking in parking lots or garages in which the victim’s car is parked. Digital stalking through social media is also a form of stalking that can lead to a criminal charge.
• Child Abuse, Neglect, or Endangerment: When these charges occur, you might be accused of taking part in any of the following actions:
  • Leaving a child alone in the car
  • Exposing a child to marijuana smoke or other drugs
  • Failing to provide your child with necessary medical care
  • Unlawfully keeping your child out of school
  • Failing to supervise your child
  • Allowing or encouraging your child to take part in prostitution or the creation of child pornography
• Kidnapping: Kidnapping charges happen when an individual is allegedly guilty of taking another human being against their will in a knowingly unlawful way in order to interfere with this individual’s liberty. Most often, we picture kidnapping as the taking of one individual for nefarious purposes, and while this does happen, you can be charged with kidnapping for simply taking a child without the permission of the custodial parent.
• Weapons Crimes: Under the United States Constitution, you have the right to own, bear, or purchase firearms. However, if you are convicted of a crime that involves that firearm, you could lose this right forever. Weapons are often involved in domestic violence charges, even when that weapon is a household item. Other common forms of weapons crimes include:
  • Brandishing a weapon in a public space
  • Unlawfully discharging a firearm
  • Illegally possessing a concealed weapon
  • Selling weapons illegally
  • Shooting into a building which is occupied
  • Aggravated assault or battery while using a deadly weapon
• The Violation of an Order of Protection: If someone has obtained an order of protection against you, such as a restraining order, you must take this seriously. This means you cannot take actions such as calling, texting, or emailing that person. Likewise, you cannot be found repeatedly driving past the work or home of the person who has a protection order against you.
• Domestic Assault or Aggravated Domestic Assault: These are the most common forms of domestic violence charges and can occur when allegations of violence occur between spouses, ex-spouses or partners, family members, or individuals involved in any sort of romantic or sexual relationship. These crimes often involve claims that a person has:
  • Caused bodily injury to the victim recklessly, intentionally, or knowingly
  • Caused the threat of bodily injury recklessly, knowingly, or intentionally
  • Caused physical contact, either knowingly or intentionally, that caused the victim to regard as extremely provocative or offensive

If you have been charged with any of these kinds of domestic violence crimes, you need the assistance of an experienced domestic violence attorney who can review the details of your case and determine the right course of legal action to take in your defense.

What Parties May Obtain an Order of Protection?

There are several parties who may be able to obtain an order of protection based on the exact circumstances of the case. These parties can include:

• A spouse or former spouse of the individual who the order is taken out against
• A boyfriend or girlfriend or former boyfriend or girlfriend of the individual who the order is taken out against
• An individual who is related to the person who the order is taken out against by either blood, marriage, or adoption
• A current or former roommate
• An individual who has been involved in a sexual or romantic relationship with the person who the order is taken out against

Potential Penalties for Domestic Violence in Tennessee

In Tennessee and the greater Nashville area, the penalties for domestic violence and assault can be severe. Based on the specifics of the incident you have allegedly been involved in, the charges can vary, as can the penalties associated with them. For example, if a deadly weapon was involved, if the incident resulted in severe bodily injury, or if the alleged offender had any prior criminal history, these factors can cause the penalties to only increase.

Domestic assault charges can be classified in one of two ways typically and often result in the following penalties:

• Class A Misdemeanor: Up to 11 months of jail time and fines totaling no more than $2,500
• Class B Misdemeanor: Up to six months in jail and fines totaling no more than $500

Aggravated assault charges can be more complex and severe, usually involving serious bodily injury or the use of a deadly weapon, and can be classified with the following penalties:

• Class C Felony: Jail time from anywhere between three to 15 years and fines totaling up to $10,000
• Class D Felony: Jail time lasting anywhere from two to 12 years and fines totaling up to $5,000

If you have any prior criminal convictions, you may face additional penalties, longer jail time or prison sentences, and higher fines. Likewise, if domestic violence charges arise due to an incident that allegedly occurred between individuals where an order of protection was present, this can cause penalties to increase in severity.

There are also several severe collateral consequences that can occur in your personal and professional life should you be convicted of domestic violence. These can include:

• A domestic violence charge can interfere with and even influence divorce proceedings, child custody, or visitation rights.
• The public stigma attached to a conviction of these crimes can make it difficult to find employment, housing, certain lines of credit, and volunteer opportunities for charity work.
• If you are not a U.S. citizen, a successful domestic violence conviction can lead it to become increasingly difficult to obtain citizenship and can even see you deported.
• You can lose your Constitutional right to bear, possess, or purchase arms, including hunting rifles or shotguns.
• A successful conviction can also result in a permanent criminal record, further affecting future employment or housing opportunities.

For all these reasons and more, it is essential that you hire a criminal defense attorney who can do whatever they can to mitigate the potential harm to both your legal rights and your personal life. At The Music City Defender, we are prepared to fight for you.

The Music City Defender: Protecting Your Legal Rights in a Domestic Violence Case

For close to a decade, the team at The Music City Defender has been working diligently to seek a reduction, lesser sentencing, or even a dismissal of all charges for our clients facing a wide array of criminal charges, including those of domestic violence. We have the experience and resources available that are necessary to fight these cases. From the moment you walk into our office, your defense and the protection of your legal rights become our number one priority.

When facing charges of domestic violence in Nashville, you deserve robust and full-service counsel and representation from an attorney who wants to hear your side of the story and fight for you. Our criminal defense attorney can ensure that every essential stage in your representation and defense is carried out in a smooth and professional manner. At The Music City Defender, we can assist you in the following ways:

• Initial Consultation and Evaluation of Case: When we begin our representation, we will sit down with you and listen to your side of things. We can conduct a full and comprehensive review of the charges brought against you and begin to identify weaknesses in the prosecution’s case and how we can go about building the strongest legal defense strategy for you.
• Investigation and Gathering of Evidence: We can then begin our own investigation into the charges and alleged incident of domestic violence and gather evidence which can stand up to the prosecution’s case against you. These forms of evidence might include copies of the police report, eyewitness statements, or any pertaining photographs, videos, or surveillance or security camera footage.
• Negotiation with Prosecution: With this evidence in our possession, we can then begin negotiations with the prosecution assigned to your case. In some scenarios, it might be in your interest to take a plea deal. Otherwise, we can work to seek a reduction in your charges, a lesser sentence, or even a dismissal of the charges altogether.
• Court Representation: If a successful outcome cannot be reached in negotiations, the legal team at The Music City Defender has the ability to confidently take your case to court and argue your defense before a judge and jury, making a compelling case for your innocence.

When searching for the right attorney to defend you against charges of domestic violence, look no further than the capable and experienced lawyer at The Music City Defender. We won’t back down without a fight and are ready to provide you with aggressive courtroom representation should the need arise.

Defenses for Domestic Violence in Nashville

There are several forms your defense can take when you work with the team at The Music City Defender. Depending on the kind of domestic violence charge you are facing, the following defenses may be employed in your case to seek a reduction of charges, a lesser sentence, or the complete dismissal of your case:

• Self-Defense: We may be able to argue that your actions were justifiable under certain circumstances if you acted in self-defense or in the defense of others
• Lack of Intent: We may be able to prove that the physical contact that allegedly occurred was accidental or there was no intent on your part to cause fear or harm
• False Accusations: As your criminal defense attorney, we can conduct an investigation into the accusations and ascertain whether or not there are any inconsistencies or nefarious motives behind the accusations you are facing
• Mistaken Identity: We can present evidence to support a defense of mistaken identity should there be any doubt as to whether or not you are the actual perpetrator of the crime
• Violation of Rights: From the initial arrest to the courtroom, we can ensure your Constitutional rights are protected. If there is any instance in which these rights are violated, we may be able to use that fact in our defense
• Insufficient Evidence: We can review the alleged evidence of the prosecution, challenging its validity and reliability or its adequacy to meet the necessary burden of proof beyond a reasonable doubt
• Character Testimony and Witnesses: We have the ability to discover and provide witnesses to provide character testimony that will attest to your behavior and support our defense
• Negotiation and Plea Bargaining: We can engage with the prosecution to seek a reduction of charges, lighter sentence, or complete dismissal of your case
• Expert Testimony: Depending on the exact circumstances of your case, we may be able to call in expert witnesses to provide testimony that can support our defense strategy.