Like most states, the State of Tennessee tends to impose harsher penalties for committing a “violent” crime than for committing a “non-violent” crime. Although the argument can be made that all crimes have a victim, violent crimes have a clear and immediately identifiable victim which is one of the reasons these crimes are usually punished more severely. Aggravated battery, which is formally referred to as aggravated assault, is an example of one of these violent crimes for which you could face a harsh sentence if convicted in the State of Tennessee.
Aggravated Assault Defined
Under Tennessee law, the Tennessee Code Section 39-13-101 governs the criminal offense of assault, the pertinent parts of which read as follows:
(a) A person commits assault who:
(1) Intentionally, knowingly or recklessly causes bodily injury to another;
(2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
(3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.
Assault can be aggravated, meaning it becomes a more serious offense, under certain circumstances. Tennessee Code Section 39-13-102 governs the offense of aggravated assault, which is defined as follows:
(a) A person commits aggravated assault who:
(1) Intentionally or knowingly commits an assault as defined in § 39-13-101 and:
(A) Causes serious bodily injury to another; or
(B) Uses or displays a deadly weapon; or
(2) Recklessly commits an assault as defined in § 39-13-101(a)(1), and:
(A) Causes serious bodily injury to another; or
(B) Uses or displays a deadly weapon.
(b) A person commits aggravated assault who, 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.
(c) A person commits aggravated assault who, 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.
(d) A person commits aggravated assault who, 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.
Penalties for an Aggravated Assault Conviction
The potential penalties you face if convicted of aggravated assault in Tennessee will depend on which section of the statute you are convicted of violating, as follows:
- Subsection (d) is a Class A misdemeanor – punishable by up to 11 months and 29 days in jail and/or a fine of up to $2,500.
- Subdivision (a)(1) is a Class C felony – punishable by a prison term of three to 15 years and/or a fine of up to $10,000.
- Subsection (b) or (c) is a Class C felony – punishable by a prison term of three to 15 years and/or a fine of up to $10,000.
- Subdivision (a)(2) is a Class D felony – punishable by a prison term of two to 12 years and/or a fine of up to $5,000.
Contact a Murfreesboro Aggravated Assault Attorney
If you have been charged with aggravated assault in Tennessee, it is in your best interests to consult with an experienced Murfreesboro aggravated assault attorney at Bennett, Michael & Hornsby as soon as possible. Contact the team today by calling 615-898-1560 to schedule your appointment.
- Elder Financial Exploitation: How to Protect Seniors - April 12, 2024
- How to Obtain Guardianship of a Minor in Tennessee - April 2, 2024
- Why You Don’t Want to Leave Behind an Intestate Estate in Tennessee - March 28, 2024
