Domestic assault in Tennessee can be a misdemeanor or, in some circumstances, a felony. The classification depends on the form of assault, the defendant's prior qualifying domestic-assault convictions, and other facts. A standard domestic assault is commonly charged as a Class A or Class B misdemeanor, but Tennessee law increases punishment for repeat domestic-assault offenders and certain conduct may support a separate felony assault charge.
The word “domestic” describes the relationship between the accused and alleged victim. The underlying conduct still has to satisfy Tennessee's assault law, and the exact charge determines the possible punishment.
Nashville Criminal Defense Lawyer & Former Prosecutor Kevin Kennedy. 615-205-7311. Call or text for a free consultation.
What Is Domestic Assault in Tennessee?
Tennessee Code Annotated § 39-13-111 provides that a person commits domestic assault when the person commits an assault under § 39-13-101 against a domestic abuse victim.
The statutory definition covers several relationships, including current and former spouses, people who live or previously lived together, people who date or dated, certain relatives, and other specifically defined domestic relationships.
When Is Domestic Assault a Class A Misdemeanor?
Assault involving bodily injury or reasonable fear of imminent bodily injury is generally a Class A misdemeanor when prosecuted as simple assault. Domestic assault based on that conduct ordinarily carries the same offense classification, subject to enhanced provisions for repeat domestic-assault offenders.
A Class A misdemeanor can carry up to eleven months and twenty-nine days in jail, although the actual sentence depends on the disposition and sentencing factors.
When Is Domestic Assault a Class B Misdemeanor?
An assault based on intentionally or knowingly causing physical contact that a reasonable person would regard as extremely offensive or provocative is generally a Class B misdemeanor under Tennessee's assault statute.
The domestic relationship converts the assault into domestic assault for purposes of § 39-13-111 and triggers domestic-violence-specific consequences.
Can Repeat Domestic Assault Become a Felony?
Yes. Tennessee law enhances repeat domestic-assault offenses. A person with the qualifying number of prior domestic-assault convictions can face felony classification on a later domestic assault.
The prior convictions must satisfy the statutory requirements. The defense should verify the actual judgments, dates, qualifying relationships, and whether the convictions legally count for enhancement.
What About Strangulation?
Strangulation allegations can substantially increase the seriousness of a case. Depending on the facts and statutory elements, alleged strangulation can support aggravated assault rather than simple domestic assault.
Aggravated assault is a felony offense. Tennessee law also imposes special bail and protective-release rules in domestic cases involving strangulation or attempted strangulation.
What If a Weapon Was Involved?
Use or display of a deadly weapon can elevate assault conduct to aggravated assault when the statutory elements are met. That can transform what might otherwise be a misdemeanor domestic assault into a felony prosecution under Tennessee's aggravated-assault statute.
The defense should examine what object is alleged to be the weapon, how it was used or displayed, what the alleged victim perceived, and whether self-defense or another justification applies.
What If the Victim Was Seriously Injured?
Serious bodily injury can support aggravated-assault charges depending on the required mental state and other statutory elements. Tennessee defines serious bodily injury more narrowly than ordinary bodily injury and includes specified serious harms.
Medical records, photographs, expert evidence, and the actual diagnosis can matter when the State alleges a felony based on the severity of injury.
Does a Felony Domestic Assault Affect Bond?
Yes. Effective July 1, 2026, Tennessee law prohibits personal-recognizance or unsecured release for felony domestic assault and creates a rebuttable presumption of bail of at least $10,000 for specified serious offenses, unless the court makes written findings supporting a lower amount.
Domestic cases can also involve no-contact conditions, stay-away provisions, and in qualifying serious cases GPS monitoring or extended hold provisions.
Can a Domestic Assault Conviction Affect Gun Rights?
Yes. Domestic-violence convictions can create significant firearm consequences under state and federal law. The exact restriction depends on the conviction and applicable law.
Because firearm consequences can last far longer than the criminal case, they should be considered before accepting a plea.
Can Domestic Assault Be Expunged?
Some Tennessee convictions can be expunged when the offense and the defendant satisfy statutory requirements, but eligibility must be evaluated using the exact conviction and criminal history. A dismissed domestic-assault charge presents a different and generally broader expungement path than a conviction.
Do not assume that every misdemeanor is automatically expungeable or that a felony classification necessarily answers the question without reviewing the statute.
What Are the Defenses to Domestic Assault?
Possible defenses include self-defense, accident, lack of the required mental state, lack of bodily injury, credibility problems, inconsistent statements, missing evidence, and failure to prove the required domestic relationship.
When the State alleges felony-level conduct, the defense should also challenge the specific aggravating fact—such as strangulation, serious bodily injury, weapon use, or qualifying prior convictions—that elevates the offense.
Frequently Asked Questions
Is every domestic assault in Tennessee a felony?
No. Many domestic assault charges are misdemeanors. Felony exposure can arise from qualifying repeat convictions or from conduct charged under a felony assault statute.
Is strangulation automatically domestic assault?
Strangulation in a domestic relationship can support a more serious aggravated-assault charge when the statutory elements are satisfied.
Can a weapon make domestic violence a felony?
Yes. Use or display of a deadly weapon can support aggravated assault depending on the facts and required elements.
Does a prior domestic assault matter?
Yes. Qualifying prior domestic-assault convictions can enhance the classification and punishment of a later offense.
Can a felony domestic charge still have bond?
Generally yes, subject to Tennessee's bail law, but current 2026 law imposes additional restrictions and a rebuttable $10,000-or-more bail presumption for felony domestic assault.
Talk With a Nashville Domestic Assault Defense Lawyer
The difference between misdemeanor and felony exposure can turn on one disputed fact: the alleged injury, strangulation, weapon, or prior conviction. The charging statute and enhancement allegations should be reviewed carefully.
Kevin Kennedy Law Firm represents people charged with misdemeanor and felony domestic violence offenses in Nashville and Middle Tennessee. A defense should address both the underlying assault allegation and every fact the State relies on to increase the charge.