What Constitutes Assault?

In Tennessee, you could face assault charges even if you do not physically lay a hand on another person. Any actions that cause harm, fear of harm, or can be perceived as offensive may constitute assault under state law. An assault conviction is accompanied by prison time and/or steep fines. Unfortunately, the penalties do not stop there, with offenders finding difficulty in finding work or suitable housing upon their release.

At the Law Office of David L. Scott, our Murfreesboro criminal defense lawyer is prepared to advocate for you. If you have recently been accused of assault, your first task should be to retain competent representation.

How Does Tennessee Law Define Assault?

Tennessee Code §39-13-101 defines assault as:

• Intentionally, knowingly, or recklessly inflicting bodily harm;
• Intentionally or knowingly causing another reasonable fear of imminent bodily harm; or
• Intentionally or knowingly touching a person in such a way that a reasonable person would find the contact to be extremely offensive or provocative.

Different Types of Assault Charges in TN

The state of Tennessee categorizes assault as either simple assault, aggravated assault, or domestic assault.

Simple Assault

This is the least serious type of assault charge in Tennessee, which may apply if you threaten to harm someone or inflict bodily harm on someone. Examples of simple assault include inflicting minor injuries on someone, such as cuts and bruises. Conviction is punishable by up to one year in jail and a maximum $15,000 fine.

Aggravated Assault

If the encounter involves a deadly weapon, attempting to strangulate, or a strangulation that results in serious bodily harm or death, then an aggravated assault charge will apply. If the assault results in another’s death, it will be charged as a class C felony, punishable by up to 15 years in prison and a maximum $10,000 fine. Causing serious bodily harm or using a deadly weapon is charged as a class D felony (a lesser offense), punishable by up to 12 years in prison and up to $5,000 in fines. Assault on a police officer or doctor is subject to additional penalties, including court-ordered restitution.

Domestic Assault

Domestic assault applies when the perpetrator and victim share a special relationship. This includes spouses, former spouses, sexual partners, family members related by blood or adoption, household members, or people who share a child in common. The severity of your punishment will depend on your criminal history and your specific situation. In certain circumstances, a domestic assault conviction faces the same penalties as simple assault.

Behavior That May Result in Assault Charges

Assault charges may apply to any of the following scenarios:

• Verbal threats
• Swinging at someone
• Throwing a bottle
• Pointing a gun at someone
• Intimidating or causing someone to fear for their safety
• Aggressively poking or jabbing someone
• Spitting, kicking, punching, or slapping someone

Defending Your Rights; Safeguarding Your Future

Although the immediate penalties for an assault offense are finite, you face difficulty finding employment, renting an apartment, and being denied educational opportunities. At the Law Office of David L. Scott, our Murfreesboro criminal defense lawyer works to avoid allowing one transgression to dictate your future.

Attorney David L. Scott will pursue the appropriate defenses based on available evidence. Common legal defenses for assault charges include acting in self-defense, proof that the victim consented, or showing a lack of intent. By working with our defense attorney, you give yourself the best chance of mitigating or eliminating your criminal liability.

Speak with Our Murfreesboro Criminal Defense Attorney

Being arrested or charged with assault can make you shake in your boots. You may wonder what type of sentence you will be facing. No matter the circumstances behind the allegations, your first call should be to our Murfreesboro criminal defense lawyer. To schedule your confidential consultation, the Law Office of David L. Scott can be reached online or by calling (615) 896-7656 today.