Assault

There are three forms of simple assault in Tennessee. Under T.C.A. § 39-13-101, a person commits assault who:

1. Intentionally, knowingly, or recklessly causes bodily injury to another;
2. Intentional 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. 

The first form of assault does not require any life threatening or severe injury; in fact, a mere push, shove, or slap may suffice. For the second form, you may be charged with assault if you lunged at someone with your fist raised, despite never making any actual contact. For the third form of assault, this is typically charged where there is an accusation that the victim was groped or touched in a sexual manner with no physical injury being necessary.

These three assaults are misdemeanor crimes; however, you may be charged with the felony aggravated assault under T.C.A. § 39-13-102, if you are accused of one of the following:

1. Intentionally or knowingly committing one of the three forms of assault described above, and that assault:
   1. Resulted in serious bodily injury to another; 
   2. Resulted in death of another; 
   3. Involved the use/display of a deadly weapon; or
   4. Involved a strangulation or attempted strangulation; 
2. Recklessly committing the first form of assault described in T.C.A. § 39-13-101(a)(1), and that assault:
   1. Resulted in serious bodily injury to another;
   2. Resulted in the death of another; or
   3. Involved the use/display of a deadly weapon. 

So, if the assault involved a serious injury, a death, a weapon, or strangulation, you will likely be charged with aggravated assault. Additionally, if a simple assault is committed against a victim that has an active restraining order, the prosecutor may file it as an aggravated assault. Because an aggravated assault is a felony, the consequences can be much more severe than the misdemeanor versions.

Under T.C.A. § 39-13-101(b), the first two forms of simple assault are Class A misdemeanors which means your maximum possible sentence would include 364 days in jail and a fine of up to $2,500.00; however, if you are found guilty of the first simple assault (i.e., bodily injury), your fine could be as high as $15,000.00. The third form of simple assault is a Class B misdemeanor and carries a maximum sentence of 180 days in jail and a fine of up to $500.00. 

Aggravated assaults range from Class D felonies to Class C felonies. The former carries a maximum sentence of up to 12 years in prison and a $5,000.00 fine and the latter carries a minimum of three years in prison with a maximum of 15 years in prison and a fine of up to $10,000.00. If the aggravated assault involves a pregnant woman, it will be enhanced to a Class B felony, which requires a minimum of eight years of incarceration and maximum of 30 years along with a fine of up to $25,000.00. 

You may be subject to additional penalties and restrictions if the assault or aggravated assault conviction is construed as involving a “domestic abuse victim” (i.e., a spouse, child, significant other, etc.). See our page on Domestic Assault for more information. 

Prosecutors have a lot of discretion when it comes to the charges they choose to file and the penalties they include as part of your sentence. Because of this, even if the evidence in your case is such that there are no legitimate defenses, there is always the possibility to minimize your exposure to high fines and incarceration. One of the founding members of MJ Law is a former prosecutor, and we use that knowledge and experience to expertly negotiate with prosecutors to obtain the best possible plea bargain available.

Pursuant to T.C.A. § 40-32-101, assault is one of the criminal charges that cannot be expunged if you are convicted. As such, it is imperative that you contact an attorney as soon as possible after being charged.  

Depending on the circumstances that led to your assault charge, you may be able to assert one or more of the following defenses: 

1. Self-defense; 
2. Defense of others;
3. Defense of property;
4. Lack of intent.