When Can a Person Face Assault Charges in Tennessee?

 Posted on November 16,2021 in Criminal Defense

In today’s society, there are all kinds of incidents that can end up escalating into violent confrontations. When this happens, law enforcement may treat at least one of the parties involved as the aggressor. Police do not always arrest the right person in these situations, and they may fail to further investigate the circumstances of the incident.

There are different levels of assault a person can be charged with in Tennessee, with each level carrying different penalties if a person is convicted. If you have been charged with assault, a Union County defense attorney can help.

Simple Assault

Under Tennessee law, a person commits simple assault if any of the following factors exist:

• The individual recklessly, knowingly, or intentionally caused bodily injury to another party.

• The individual recklessly, knowingly, or intentionally caused another party to fear that bodily injury was imminent.

• The individual recklessly, knowingly, or intentionally had physical contact with another party that a reasonable person would find provocative or offensive.

Simple assault is charged as either a Class A or Class B misdemeanor. To be charged with a Class A misdemeanor, the individual must have either threatened the alleged victim with bodily harm or actually caused that harm. In these cases, a conviction can mean up to 12 months in jail and/or a fine of up to $2,500.

A Class B misdemeanor charge occurs when there is allegedly offensive or provocative physical contact, and a conviction could result in up to six months in jail and/or a fine of up to $500.

Aggravated Assault

Police can decide to charge a person with aggravated assault if any of the following factors exist:

• The individual recklessly or knowingly inflicted serious harm on another party.

• The individual recklessly or knowingly tried to inflict harm on another party.

• The individual recklessly or knowingly tried to cause bodily harm whole under a court order preventing such contact.

• The individual is a parent or guardian who refused to protect their child or a disabled adult in their care from abuse or assault.

• The individual purposefully inflicted harm on a government employee while that employee was performing the duties of their job.

• The individual committed assault while brandishing a weapon.

A person who is charged with aggravated assault will face felony charges. A Class C felony conviction can result in a three to 15-year prison sentence and a fine of up to $10,000. A Class D felony conviction can mean a prison sentence of between two to 12 years and a fine of up to $5,000.

Let a Knox County Criminal Defense Attorney Help

If you have been arrested and charged with assault, it is important to have a skilled Knoxville criminal law attorney defending you. Call Jeffrey Coller, Knoxville Criminal Defense Attorney at 865-281-1000 to schedule a free consultation to find what your legal options may be.

Sources:

https://casetext.com/statute/tennessee-code/title-39-criminal-offenses/chapter-13-offenses-against-person/part-1-assaultive-offenses/section-39-13-102-aggravated-assault