Back the Blue Act Increases Penalties for Assault of a LEO

 Posted on August 09, 2024 in Criminal Defense

A new Tennessee law increases the punishment for assaulting a law enforcement officer. Known as the "Back the Blue Act," HB1881 and SB2062 significantly increase penalties for a crime that was a Class A Misdemeanor prior to the Act and is now a Class E felony. The Back the Blue Act separates police officers from other first responders, making it a more serious crime to assault a police officer.  

Assault is a serious crime in Tennessee and should be taken seriously. If you have been charged with assault, depending on the circumstances and facts surrounding your arrest, you could face a wide range of harsh penalties if convicted.

It is in your best interests to speak to an experienced Blount County, TN assault attorney from Jeffrey Coller, Knoxville Criminal Defense Attorney as quickly as possible. Your attorney will immediately begin building a strong defense on your behalf that could result in your charges being reduced, dropped entirely, or, in the event of a conviction, the potential for a reduced sentence.  

What Is Assault?

Under Tennessee law, assault encompasses a reckless or intentional act that either results in bodily harm or causes another person to fear imminent bodily harm. Assault can range from verbal abuse to a threatening gesture to actual physical contact that causes injury. There are three types of assault:

• Simple assault can include minor threats, a reasonable fear of bodily harm for the victim, or minor contact. Pushing or shoving another person or any type of minor altercation that does not cause serious injury falls under simple assault. Simple assault against law enforcement is now a Class E felony rather than a misdemeanor.  
• Aggravated assault involves serious bodily injury or the use of a deadly weapon. Aggravated assault can also be charged when protected individuals (like first responders, healthcare staff, utility workers, and law enforcement officers) are the victims of an assault. Aggravated assault is usually a Class C felony, with penalties of three to 15 years in prison and fines as large as $10,000.
• Domestic assault occurs between partners, those in an intimate relationship, or family members. Slapping, hitting, kicking, or making threats within these relationships will be charged as domestic assault and may be charged as a Class A or Class B misdemeanor. If there are aggravating circumstances, a domestic assault could be elevated to a felony offense.

What Are the Penalties for Assault?

In most cases, simple assault (Tennessee Code Section 39-13-101) is a Class A misdemeanor with potential penalties of up to a year in jail and a fine as large as $2,500.  Aggravated assault that causes serious injury or involves a weapon must include the element of intent and is usually charged as a Class C felony with penalties of between three and 15 years in prison. Reckless aggravated assault—negligently firing a weapon that causes injury—is usually charged as a Class D felony, punishable by two to 12 years in prison.   

What Are the New Penalties Associated with the Back the Blue Law?

If you are convicted of assaulting a law enforcement officer, you will serve a mandatory 60-day minimum sentence and pay a $10,000 fine. As a Class E felony, you could face from one to six years of incarceration. Of note, while other first responders are not included under the new law, "law enforcement officers" include deputy jailers, Park Rangers, Tennessee Bureau of Investigation agents, Tennessee Wildlife Resources Agency officers, capitol police, and Tennessee Highway Patrol troopers.

Contact an Anderson County, TN Assault Lawyer

Assault can land you in jail or prison for a very long time, which in turn can derail your future. Even after you have served your time and paid your fines, an assault conviction could follow you for many years to come, preventing you from securing employment or even obtaining housing. The sooner you have a Union County, TN assault lawyer as your advocate, the more likely you are to have the most positive outcome possible. Call Jeffrey Coller, Knoxville Criminal Defense Attorney at 865-281-1000 today to schedule your free consultation.