Tennessee Repeat Domestic Abuse: Mandatory Jail Time Proposed

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    April 28, 2012 /24-7PressRelease/ -- Tennessee Repeat Domestic Abuse: Mandatory Jail Time Proposed

Tennessee Gov. Bill Haslam wants to solve the state's domestic violence problem. His proposal: mandatory incarceration of repeat domestic violence offenders. A repeat offender bill that would make this happen is one of the measures included in the governor's recent comprehensive safety plan. The proposed legislation would mandate a minimum of 45 days in jail for a defendant's second domestic violence conviction and 120 days after a third or subsequent conviction; a House version of the proposal currently calls for 30 days in jail for a second domestic violence conviction and 90 days for three or more.

Domestic Violence Statistics

To demonstrate the severity of domestic violence in Tennessee, Gov. Haslam pointed to statistics showing that Tennessee's rate of women killed by men is fifth-highest nationally. Tennessee police and prosecutors say domestic violence accounts for more than half of all reported crimes in the state, according to the Chattanooga Times Free Press.

Total domestic violence incidents in Tennessee gradually increased from 2001 until 2010, the most recent year for which data is available. In 2010, domestic violence incidents decreased slightly overall, but domestic rape and assault incidents were at their highest levels in over 10 years.

Mandatory Sentences Debated

Opponents of the proposed legislation cite research finding a lack of evidence that mandatory jail time will have a deterrent effect on domestic violence offenders, according to the Tennessean. Other critics think incarceration alone cannot solve prevent most domestic violence; instead, programs like court-ordered batterer intervention services should complement mandatory jail sentences to change offenders' behavior patterns.

The maximum penalty for domestic abuse, classified as a Class A Misdemeanor, is currently 11 months and 29 days. The sentence imposed depends on the circumstances of the case, as well as the defendant's criminal history. A defendant convicted of domestic abuse for the first time is likely to be put on probation as well, and generally will be ordered to participate in counseling as a condition of probation.

Those who have been charged with a domestic violence crime should seek legal representation by a skilled criminal defense attorney who can aggressively defend them and seek to have charges reduced or dropped.

Article provided by Law Office of Edward E. DeWerff
Visit us at http://www.dewerfflaw.com

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Officials Consider Mandatory Dog Bite Insurance in Middletown, New York

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    April 28, 2012 /24-7PressRelease/ -- Officials Consider Mandatory Dog Bite Insurance in Middletown, New York

After logging more than 100 serious dog bites in the space of just three years, city officials in Middletown, NY, are considering a proposal that would require dog owners to purchase insurance coverage for their pets in case they bite or attack.

If the proposed ordinance is approved, it would require renters in the city to purchase insurance if they own dogs over 25 pounds. Mayor Joseph DeStefano told CBS news that the he arrived at the 25-pound weight limit by studying the ban on large dogs in public housing established by the New York City Housing Authority. Most of the serious dog bites that have occurred in Middletown in recent years have involved large dogs that were off leash.

Homeowners would be exempt from the insurance requirement because most homeowner insurance policies already cover injuries caused by pets. But even dog owners who own their own homes would be required to purchase the additional insurance as a condition of renewing a license for an animal that has been involved in an injury-causing incident, DeStefano said.

City officials hope the new ordinance would force dog owners to take financial responsibility in the event that their pets cause an injury. However, the proposal has met with some resistance from landlords as well as some pet owners who believe the new ordinance unfairly penalizes responsible dog owners who are careful to prevent injuries.

New York Dog Bite Law

Under New York state law, a dog owner can be held strictly liable for injuries caused by a dog that is known to be dangerous. This means that the owner is liable regardless of any steps he or she took to prevent the dog from causing injury. For legal purposes, a dog is considered to be dangerous if either of the following is true:
-The dog has previously attacked, injured or killed a person, farm animal or domestic animal without justification, or
-The dog behaves in a manner that a reasonable person would believe poses a substantial threat of serious injury or death

A person who is injured by a dangerous dog may be able to receive financial compensation for the medical costs and other expenses associated with the injury. For more information about pursuing compensation for a dog bite injury in New York, contact an experienced personal injury lawyer.

Article provided by Tarshis, Catania, Liberth, Mahon & Milligram, PLLC
Visit us at http://www.tclmm.com/

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