If you have been charged with assault, or a related criminal offense, in the State of Tennessee it is important that you understand the allegations made against you and the potential penalties if you are convicted. Toward that end, a Murfreesboro criminal defense lawyer at Bennett | Michael | Hornsby discusses the elements of assault and related offenses and explains
the penalties you face if convicted in Tennessee.
How Is the Criminal Offense of Assault Defined in Tennessee?
The criminal offense of assault and related offenses are governed by Tennessee Code § 39-13-101 et seq. “Simple” assault is defined as any one of the following:
- Intentionally, knowingly, or recklessly causing bodily injury to another.
- Intentionally or knowingly causing another to reasonably fear imminent bodily injury.
- Intentionally or knowingly causing physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.
If the alleged assault was more serious in nature, you could be charged with aggravated assault. Aggravated assault is governed by Tennessee Code § 39-13-102 and is defined as follows:
- Intentionally or knowingly commits an assault as defined in § 39-13-101, and the assault:
- Results in serious bodily injury to another.
- Results in the death of another.
- Involved the use or display of a deadly weapon.
- Involved strangulation or attempted strangulation.
- Recklessly commits an assault as defined in § 39-13-101(a)(1), and the assault:
- Results in serious bodily injury to another.
- Results in the death of another.
- Involved the use or display of a deadly weapon.
- Being 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.
What Are the Potential Penalties for Assault in Tennessee?
Simple assault is charged as a Class A or Class B misdemeanor in Tennessee. If you are convicted of assault as a Class A misdemeanor, you face up to 11 months and 29 days in jail and/or a fine of up to $2,500. Conviction of assault as a Class B misdemeanor carries up to six months in jail and/or a fine of up to $500.
Aggravated assault is charged as a Class D or Class C felony in Tennessee. If you are convicted of aggravated assault as a Class D felony you could be sentenced to a term of imprisonment ranging from two to 12 years and/or ordered to pay a fine of up to $15,000. An aggravated assault conviction for a Class C felony carries a potential term of imprisonment of three to 15 years and/or a fine of up to $15,000.
In addition to incarceration and fines as established by law for an assault conviction, you may also be ordered to pay restitution to the victim. Restitution is intended to compensate a victim for direct financial losses related to the crime. For example, if the victim sought medical treatment for injuries sustained in the assault, you could be ordered to pay those medical bills as part of an order for restitution. The judge may also enter or extend a “no contact” order that prohibits you from having any contact with the victim. A violation of the no contact order can result in new criminal charges being filed against you.
Contact a Murfreesboro Criminal Defense Lawyer
If you have been charged with assault in Tennessee, consult with an experienced Murfreesboro criminal defense lawyer at Bennett | Michael | Hornsby as soon as possible. Contact the team today by calling 615-898-1560 to schedule your free appointment.
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