Assault in Tennessee — What You Need to Know

If you have been charged with a crime involving assault in the State of Tennessee you could be facing serious judicial and non-judicial consequences if convicted of that charge. Gone are the days when the police would effectively look the other way when called to an assault. Today, if the assault is domestic in nature you can almost count on one, or both, of the parties going to jail. Even when the assault is not a domestic argument, you are much more likely to be arrested and charged because of the threat that the simple fight will escalate. The criminal defense attorneys at Bennett, Michael & Hornsby have put together some helpful information about assaultive crimes in that State of Tennessee to help you understand what you have actually been accused of and what penalties you face if convicted. If you have specific questions or concerns about your situation, please feel free to contact our office to schedule an appointment for a consultation.

Assault Law in Tennessee – the Basics

• Tennessee Code 39-13-101 et seq. governs assaultive offenses.
• Basic assault occurs when a person:
  • Intentionally, knowingly or recklessly causes bodily injury to another;
  • Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
  • Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.
• Aggravated assault occurs when a person:
  • Intentionally or knowingly commits a basic assault as defined above AND
    • Causes serious bodily injury to another; or
    • Uses or displays a deadly weapon
  • Recklessly commits a basic assault that causes bodily injury AND
    • Causes serious bodily injury to another; or
    • Uses or displays a deadly weapon
  • The parent or custodian of a child or the custodian of an adult, intentionally or knowingly fails or refuses to protect the child or adult from an aggravated assault as defined in subdivision (a)(1) or aggravated child abuse as defined in § 39-15-402.
  • After having been enjoined or restrained by an order, diversion or probation agreement of a court of competent jurisdiction from in any way causing or attempting to cause bodily injury or in any way committing or attempting to commit an assault against an individual or individuals, intentionally or knowingly attempts to cause or causes bodily injury or commits or attempts to commit an assault against the individual or individuals.
  • With intent to cause physical injury to any public employee or an employee of a transportation system, public or private, whose operation is authorized by title 7, chapter 56, causes physical injury to the employee while the public employee is performing a duty within the scope of the public employee’s employment or while the transportation system employee is performing an assigned duty on, or directly related to, the operation of a transit vehicle.
• Reckless endangerment occurs when a person:
  • recklessly engages in conduct that places or may place another person in imminent danger of death or serious bodily injury.
• Vehicular assault occurs when:
  • as the proximate result of the person’s intoxication as set forth in § 55-10-401, recklessly causes serious bodily injury to another person by the operation of a motor vehicle. For the purposes of this section, intoxication includes alcohol intoxication as defined by § 55-10-408, drug intoxication, or both.
• Penalties for assaultive offenses in Tennessee:
  • Basic assault is charged as a Class A misdemeanor EXCEPT:
  • Basic assault is charged as a Class B misdemeanor if it is caused committed under section (a)(3) “physical contact with another.”
    • A Class A misdemeanor carries a maximum period of incarceration of 11 months and 29 days and/or a maximum fine of up to $2,500.
    • A Class B misdemeanor carries a maximum period of incarceration of six months in jail and/or a maximum fine of $500 unless the victim was a law enforcement officer in which case the maximum fine is $5,000.
  • Aggravated assault can be charged as a Class A misdemeanor, a Class D felony, or a Class C felony.
    • A Class A misdemeanor carries a maximum period of incarceration of 11 months and 29 days and/or a maximum fine of up to $2,500.
    • A Class D felony carries a maximum period of incarceration of between two and 12 years and/or a fine of up to $5,000.
    • A Class C felony carries a period of incarceration of three to 15 years and/or a maximum fine of $10,000.
    • If the victim of aggravated assault was a law enforcement officer the maximum fine is $15,000
  • Reckless endangerment is charged as a Class A misdemeanor unless committed with a deadly weapon in which case it is charged a Class E felony.
    • A Class A misdemeanor carries a maximum period of incarceration of 11 months and 29 days and/or a maximum fine of up to $2,500.
    • A Class E felony carries a period of incarceration of one to six years and/or a maximum fine of $3,000.
  • Vehicular assault is charged as a Class D felony
    • A Class D felony carries a maximum period of incarceration of between two and 12 years and/or a fine of up to $5,000.

Contact Us

If you have additional questions or concerns about the criminal offense of assault, or a related offense, in the State of Tennessee, please feel free to contact the criminal defense lawyers at Bennett, Michael & Hornsby. Contact the team today by calling 615-898-1560 to schedule your appointment.