Domestic Assault in Tennessee: Definition, Penalties, Mandatory Programs, and Firearm Rules

Domestic‐violence cases move quickly, and the consequences reach far beyond a brief stint in the county jail. Here is a brief explanation of domestic assault, the sentence ranges you may face, the conditions judges must (or may) impose, and why even a misdemeanor conviction can cost you your gun rights for life.

1. What counts as “domestic assault”?

Tennessee does not create a brand-new crime; instead it takes the ordinary assault statute and adds a relationship element.

Core act- A person commits domestic assault when they commit an assault under T.C.A. § 39-13-101(a)—causing bodily injury, putting someone in fear of injury, or making offensive physical contact—against a “domestic-abuse victim.” § 39-13-111(b)

Who is a domestic-abuse victim? The term covers six relationship categories: current or former spouses, people who live or have lived together, people who are dating or have dated or had a sexual relationship, relatives by blood or adoption, relatives by marriage, and the child of anyone in those categories. § 39-13-111(a)(1)–(6)

Because the statute focuses on the relationship, the same shove in a bar fight might be simple assault, but the identical shove at home can become domestic assault.

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2. Sentence ranges and repeat-offender enhancements

Domestic assault uses the same class structure as ordinary assault—Class A or Class B misdemeanor, depending on which subsection of § 39-13-101 is violated. A Class A misdemeanor carries up to 11 months 29 days in jail and a fine that can reach $15,000. § 39-13-101(b)(1)(A)–(B)

Tennessee then layers extra penalties for repeat convictions committed by bodily-injury force (§ 39-13-101(a)(1)):

First conviction

Same range as ordinary assault—up to 11 months 29 days and the court’s standard fines and costs. § 39-13-111(c)(1)

Second conviction (within 10 years)

Mandatory 30-day jail term, plus a fine of $350 – $3,500. § 39-13-111(c)(2)

Third or subsequent conviction (within 10 years)

Automatically becomes a Class E felony with a mandatory 90-day jail term and a fine of $1,100 – $5,000. § 39-13-111(c)(3)

Strangulation attempt

Any domestic assault “involving strangulation or attempted strangulation” carries a separate mandatory 30-day minimum. § 39-13-111(f)

Day-for-day service

Whatever the minimum is—30 or 90 days—must be served “day for day”; no credits or early release. § 39-13-111(e)

Extra $225 victim-shelter assessment

If the defendant can pay, the judge must add a fine up to $225 earmarked for family-violence shelters. § 39-13-111(c)(5)

3. Mandatory and discretionary sentencing conditions

After the jail term, the remainder of the sentence is served on supervised probation (§ 39-13-111(e)). Judges increasingly combine that supervision with treatment conditions designed to "stop the cycle of abuse" which may include:

Certified batterer-intervention program- The court may (and almost always does) order completion of a state-certified program that addresses violence and control issues. Failure to finish is a probation violation. § 39-13-111(d)

Drug or alcohol treatment- May be added if substance abuse contributed to the incident. § 39-13-111(d)

No-contact orders- Judges routinely impose a no-contact condition, even if the victim later wants contact restored. Violations can trigger new criminal charges.

Electronic monitoring fee- Every conviction carries a $10 electronic-monitoring indigency fee that funds GPS programs for high-risk offenders. § 39-13-111(c)(7)

4. Firearm dispossession—state and federal rules

Tennessee treats guns and domestic violence very seriously, and so does federal law.

State dispossession order (48 hours). Upon conviction, the judge must order the defendant to “terminate physical possession of all firearms” within 48 hours—typically by transferring them to a law-abiding third party—and file an affidavit proving it. § 39-13-111(c)(6)(A)–(B)

State firearm ban. Owning or carrying a firearm after a domestic-violence conviction is itself a new Tennessee crime. § 39-17-1307(f)(1)(A)

Permanent federal ban. Under 18 U.S.C. § 922(g)(9), a person “convicted of a misdemeanor crime of domestic violence” may never again possess or buy a firearm or ammunition. Federal agents can charge the offense even years later if a gun is found. Tennessee courts must advise every defendant of this consequence before taking a guilty plea. § 40-14-109(b)(1)

In short: a single Class A-misdemeanor plea can wipe out Second-Amendment rights forever.

Takeaways for those accused of a domestic assault

Domestic-assault charges look like “just another misdemeanor,” but the statute’s mandatory jail blocks, counseling requirements, and permanent firearm disabilities make the stakes much higher than a disorderly-conduct plea. Because even a second conviction within ten years locks in a day-for-day 30-day sentence, early strategic advice—from negotiating deferred dispositions to contesting the underlying facts—matters.

This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every case turns on its own facts; consult an attorney about your specific situation.