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  1. #1
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    Jan 2015
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    Default Domestic Assault and Intimidation Charges

    My question involves criminal law for the state of: Tennessee

    Ok, let me start off by saying my girlfriend and I were drinking one night, and came back to my house(we live at separate residences) we had a verbal argument upon which she stated she was leaving me, i followed her out to her car and as she started to drive away, I punched her rear window out. none of the glass scratched/hurt her, but she proceeded to call the police. she then cleft my house. The police arrived approx 20 minutes later, and started asking me questions. I gave them no details about the incident, and when they asked me to make a statement, i told them "lawyer". They did notice my hand was bleeding and had lacerations.(this was photographed at jail)
    I was then handcuffed and taken to jail, where I was given an order of protection. My gf came to court the next day, and the judge lifted the order after asking her if she felt safe. OR bonded with a court date in 3 weeks.

    *I have never heard of an intimidation charge. Can this be classified as domestic even though we both live apart?

    *Can this even be classified as an assault since there was no bodily injury/contact to her whatsoever?

    *I will hire a lawyer if absolutely necessary, but if they have a charge that wont stick, is it possible I represent myself?
    My gf told the police she did not want to press charges, but I still have a court date vs State of Tennessee.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Domestic Assault and Intimidation Charges

    What are the statutes you are charged with violating? Is the intimidation charge, for example, under Tennessee Code, Sec. 39-17-308?

    Domestic assault encompasses "Adults or minors who live together or who have lived together" -- if you don't believe that applies to you, yet you are charged with domestic assault, you should discuss the details of your relationship with your criminal defense lawyer. You can be convicted of domestic assault (or ordinary assault) for conduct that causes your victim to reasonably fear imminent bodily injury. See Tennessee Code Sec. 39-13-111, 39-13-101.

  3. #3
    Join Date
    Jun 2014
    Posts
    185

    Default Re: Domestic Assault and Intimidation Charges

    Quote Quoting valhalla
    View Post
    *I will hire a lawyer if absolutely necessary, but if they have a charge that wont stick, is it possible I represent myself?

    If the prosecution has a weak case, you're going to need a good lawyer to demonstrate those weaknesses to a judge and/or jury. Don't think that a judge and/or jury will, on their own, see that the case is weak and dismiss/acquit.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Domestic Assault and Intimidation Charges

    Quote Quoting valhalla
    View Post
    My question involves criminal law for the state of: Tennessee

    Ok, let me start off by saying my girlfriend and I were drinking one night, and came back to my house(we live at separate residences) we had a verbal argument upon which she stated she was leaving me, i followed her out to her car and as she started to drive away, I punched her rear window out. none of the glass scratched/hurt her, but she proceeded to call the police. she then cleft my house. The police arrived approx 20 minutes later, and started asking me questions. I gave them no details about the incident, and when they asked me to make a statement, i told them "lawyer". They did notice my hand was bleeding and had lacerations.(this was photographed at jail)
    I was then handcuffed and taken to jail, where I was given an order of protection. My gf came to court the next day, and the judge lifted the order after asking her if she felt safe. OR bonded with a court date in 3 weeks.

    *I have never heard of an intimidation charge. Can this be classified as domestic even though we both live apart?

    *Can this even be classified as an assault since there was no bodily injury/contact to her whatsoever?

    *I will hire a lawyer if absolutely necessary, but if they have a charge that wont stick, is it possible I represent myself?
    My gf told the police she did not want to press charges, but I still have a court date vs State of Tennessee.
    Its time to learn to be a grownup. In what alternate universe do you think someone would not get arrested for punching out someone's car window?...and in a boyfriend/girlfriend situation wouldn't get charged with domestic violence as well?

    You need an attorney.

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