Domestic Violence Defense
Kevin Kennedy, Domestic Violence Attorney
As a former prosecutor for three years, Kevin spent one of those years in the specialized Domestic Violence unit of the District Attorney’s Office. He prosecuted thousands of Domestic Violence cases and understands what prosecutors consider in their decision to dismiss a case, offer a reduced charge, or take the case to trial.
A conviction for Domestic Violence carries serious consequences. It is not expungable, results in a lifetime prohibition from owning firearms and can affect your employment, amongst other aspects of your life.
If you are facing a Domestic Violence charge, call Kevin Kennedy Law Firm to schedule a free, confidential consultation.
What is Domestic Assault?
Domestic Assault is an assault against a domestic partner, which includes any of the following individuals.
- A current or former spouse.
- Anyone who you are or have dated or have or had a sexual relationship with.
- Anyone you live together with or who have lived together with.
- Anyone related to you by blood or adoption.
- Anyone who is related or formerly related by marriage.
- Any adult or minor children of any of the individuals previously described in category 1-5.
An assault is defined as follows:
- Intentionally or knowingly causing bodily injury.
- Intentionally or knowingly causing a reasonable fear of imminent bodily injury.
- Intentionally or knowingly causing contact with another that a reasonable person would consider to be extremely offensive or provocative contact.
What are the penalties for Domestic Assault?
The penalties for domestic assault depend on the exact type of domestic assault and any prior domestic assault convictions. All convictions for domestic assault carry a life-time prohibition on carrying a firearm.
Domestic Assault—Causing Bodily Injury
This is an A Misdemeanor punishable by up to 11 months, 29 days in jail.
Domestic Assault—Causing Fear of Bodily Injury
This is an A Misdemeanor punishable by up to 11 months, 29 days in jail.
Domestic Assault—Causing Offensive or Provocative Conduct
This is a B Misdemeanor, punishable by up to 6 months in jail.
Domestic Assault—2nd Offense
This is an A Misdemeanor, punishable by up to 11 months, 29 days in jail, with a mandatory minimum 30 consecutive days in jail. You could also be placed on a Domestic Violence Registry, per the new “Savanna’s Law” that took effect in 2026.
What is Domestic Aggravated Assault?
A Domestic Aggravated Assault is an assault against a domestic partner (as previously defined) that includes one of the following four elements.
- Involves the use or display of a deadly weapon.
- Involved strangulation or attempted strangulation.
- Results in death or serious bodily injury.
- An assault against a person who you have been court ordered to not assault.
What are the penalties for Domestic Aggravated Assault?
Domestic Aggravated Assault is a C Felony, carrying up to 15 years in jail and up to a $10,000 fine.
If the victim wants to drop the charges, do the charges get dropped?
No. Once charges are pressed, it is only the District Attorney’s Office that chooses how to proceed. The prosecution can often “make the case” even without the victim’s presence.
How can Nashville Domestic Violence Attorney Kevin Kennedy help me?
In Davidson County, the District Attorney’s Office has a specialized Domestic Violence unit and takes such charges extremely seriously. As a former prosecutor in that division, Kevin understands what prosecutors consider in deciding whether to dismiss or reduce a Domestic Violence charge.
Upon taking your case, Kevin will meet with you to discuss your case and begin carefully reviewing any available evidence, including requesting additional evidence as needed. In the appropriate circumstances, Kevin will reach out to the prosecution prior to the initial court date as sometimes a case can be dismissed or favorably resolved prior to you stepping into a courtroom.
While most cases do not proceed to trial, as a former prosecutor who tried and won Domestic Violence cases at jury trials, Kevin understands the importance of treating a case as though it will proceed to trial. Doing so strengthens our position and makes a dismissal, reduction, or favorable plea more likely.