Domestic Assault Defense
Most domestic assault arrests in Memphis are charged as Class A misdemeanors. But a subset of them come out of booking at 201 Poplar as aggravated assault — a felony carrying 3 to 15 years — and the people charged are often stunned to learn why. Nobody was seriously hurt. There was no weapon. What happened? In Tennessee, three specific facts convert a domestic argument into a felony case, and the most common one is the least understood: strangulation.
The Three Paths from Misdemeanor to Felony
Under Tenn. Code Ann. § 39-13-102, an assault becomes aggravated assault — a Class C felony when committed intentionally or knowingly — when it involves any one of the following:
- Serious bodily injury — injury involving substantial risk of death, protracted impairment, broken bones, or disfigurement, as opposed to the bruises and scratches typical of misdemeanor cases
- Use or display of a deadly weapon — and “display” matters: picking up a kitchen knife or a firearm during an argument can aggravate the charge even if it’s never used
- Strangulation or attempted strangulation — the aggravator that dominates domestic cases, discussed below
There is a fourth path unique to domestic situations: under § 39-13-102(c), a person already under an order of protection or no-contact condition who commits or attempts even a simple assault against the protected person can be charged with aggravated assault. If you have an active order of protection against you, the felony line sits much closer than you think.
Why Strangulation Charges Surprise People
Tennessee defines strangulation as intentionally or knowingly impeding normal breathing or blood circulation by applying pressure to the throat or neck, or by blocking the nose and mouth — “regardless of whether that conduct results in any visible injury or whether the person has any intent to kill or protractedly injure the victim.”
Read that definition again, because it explains most felony domestic arrests in Shelby County:
- No visible injury is required. No marks, no bruising, no medical treatment — the charge stands on the allegation of pressure alone.
- No intent to seriously harm is required. A momentary grab during a mutual struggle satisfies the statute if a jury believes breathing was impeded.
- “Attempted” strangulation counts the same. The reach toward the neck can be charged like the completed act.
- A hand over the mouth qualifies. Blocking the nose and mouth is strangulation under the statute — conduct many people would never describe with that word.
This is why “it was just an argument that got physical for a second” so often books as a felony. The complaining witness says “he grabbed my throat” or “she covered my mouth,” and the charging decision is made. Recent Tennessee legislation has pushed further still: where an alleged strangulation causes loss of consciousness, prosecutors are authorized to pursue attempted murder charges. The stakes at the top of this charge have never been higher.
What a Class C Felony Actually Means
- 3 to 15 years and fines up to $10,000 (a strangulation involving a pregnant victim elevates to a Class B felony; reckless — not intentional — aggravated assault is a Class D)
- A permanent felony record — with the same never-expungeable, no-diversion posture as misdemeanor domestic assault, plus felony-level consequences for employment, housing, and professional licensing
- Firearm rights ended twice over — by the felony itself and by the federal domestic violence prohibition
- Felony procedure — the case starts in General Sessions (domestic cases in Division 10) but is bound over to a Shelby County grand jury and, if indicted, proceeds in Criminal Court
Where These Cases Are Won: The Aggravator Itself
Here is the strategic reality that generic “fight your charges” pages skip: in an aggravated domestic assault case, the battleground is usually the aggravating element, not the underlying incident. The State must prove the strangulation, the serious injury, or the weapon beyond a reasonable doubt — and those elements are frequently the weakest part of the case:
- Strangulation cases with no visible injury rest almost entirely on the complainant’s account. Medical records that show no petechiae, no voice changes, no neck tenderness — or the absence of any medical evaluation at all — cut directly against the element. Mutual-struggle facts (who grabbed whom, defensive contact) blur “knowingly impeding breathing” into something far less.
- “Serious bodily injury” is a defined legal threshold, not a feeling. Bruising, swelling, and cuts that heal are the stuff of misdemeanors; defense attorneys routinely litigate injuries down below the line.
- “Deadly weapon” display depends on context and intent that the police report rarely captures fairly.
When the aggravator fails, a Class C felony becomes at worst a misdemeanor — and misdemeanor domestic cases, as we explain in our guide to the first 72 hours after a domestic assault arrest, are frequently resolvable by dismissal with the arrest itself expunged. Reduction of the aggravator is often the single most valuable thing a defense lawyer accomplishes in these cases, because it converts a prison-range felony into a record-preservation problem we know how to solve. Self-defense, where the facts support it, remains a complete defense to the whole charge — and as with every domestic case, documenting your own injuries and the scene in week one is essential.
What Not to Do While the Case Is Pending
Everything in our first-72-hours guide applies with more force here: the 12-hour hold, the no-contact bond conditions, the recorded jail calls, and the rule that the State — not the complaining witness — controls the prosecution. In a felony case, a bond violation or a jail-phone apology isn’t just a setback; it’s leverage the State will use at the grand jury and in every negotiation. And because § 39-13-102(c) makes assault under a protective order itself an aggravated assault, strict compliance with every condition is not just good practice — it’s the law that keeps a second felony off the table.
Frequently Asked Questions
There are no marks on their neck and no medical report. How can I be charged with strangulation?
Because Tennessee’s statute expressly says no visible injury is required — the charge can rest on testimony alone. But what suffices for an arrest does not automatically suffice for a conviction: the absence of physical and medical corroboration is exactly where these cases are defended.
Can aggravated domestic assault be reduced to a misdemeanor?
Yes, and it happens regularly when the aggravating element is weak — no corroborated strangulation, injuries below the “serious bodily injury” threshold, or ambiguous weapon facts. The reduction transforms the case: prison range becomes misdemeanor range, and dismissal-plus-expungement strategies come back into play.
I grabbed their arms to stop them from hitting me and they said I choked them. Is that a felony?
An allegation is enough to be charged, but mutual-struggle and self-defense facts are among the strongest defenses to a strangulation count — the State must prove you knowingly impeded breathing or circulation, not merely that contact occurred near the neck during a struggle. Preserving your account and your own injuries immediately is critical.
Is aggravated domestic assault expungeable if I’m convicted?
No. Like misdemeanor domestic assault, a conviction is permanent and diversion is unavailable — which is why the defense is built around defeating or reducing the charge, not decorating a plea to it.
Charged with aggravated domestic assault in Memphis or Shelby County? The aggravator is where the case will be won or lost — get it examined now. Call Brooks Law Firm at (901) 324-5000 — criminal defense line (901) 412-2973. Spanish-language services available.