What Are the Penalties for Assault in Tennessee?

Violent criminal offenses are taken seriously in Tennessee and often yield harsher repercussions than crimes that are not violent in nature. If you are facing charges for assault, it is imperative that you understand your legal options and the potential penalties you may be facing. Work with a Memphis assault lawyer for skilled representation during your case.

How Tennessee Law Defines Assault

Assault is a broad term to describe the unjustifiable infliction of physical injury on another person. There are several types or degrees of assault. 

Simple Assault Under Tennessee Law

Tennessee law defines simple assault as the following, per TN Code § 39-13-101.

1. Intentionally, knowingly, or recklessly causing bodily injury to another person;
2. Intentionally or knowingly causing another person to reasonably fear imminent bodily injury; or
3. Intentionally or knowingly causing physical contact with another person, and a reasonable person would regard the contact as extremely offensive or provocative

Aggravated Assault Under Tennessee Law

Aggravated assault is a more serious offense, defined under TN Code § 39-13-102 as follows.

1. Intentionally or knowingly committing an assault as defined in § 39-13-101, and the assault results in serious bodily injury to another person, results in the death of another person, involves the use or display of a deadly weapon, or involves strangulation or attempted strangulation
2. Recklessly committing an assault as defined in § 39-13-101(1), and the assault results in serious bodily injury to another person, results in the death of another person, or involves the use or display of a deadly weapon

Any actions that fall under these definitions and are not justifiable, as in done in self-defense, can be charged as assault under Tennessee law.

Examples of Simple and Aggravated Assault

It’s important to understand what actions commonly result in an assault charge, as the conduct involved will directly impact penalties. Generally, when determining how to charge an assault, Memphis courts will look at factors like the severity of injuries, the use of weapons, and intent. 

Common Acts of Simple Assault

• Throwing something non-dangerous at someone (like a drink)
• Slapping, grabbing, or touching another person out of anger
• Pushing or shoving during an argument
• Making threatening statements that invoke genuine fear
• Raising a fist or lunging towards someone in an aggressive manner (even if contact never occurs)
• Contact that results in bruises, marks, or scratches

Common Acts of Aggravated Assault

• Using or brandishing a weapon against someone
• Stabbing, cutting, or shooting a victim
• Strangulation or attempted strangulation
• Hitting someone with a dangerous object, like a bottle or a tool
• Assaulting someone with the intent to commit another felony, like burglary or sexual assault
• Causing injury that results in hospitalization or permanent impairment

What Are the Penalties for Assault in Tennessee?

The penalties for assault charges in Tennessee vary depending on the specific circumstances of the offense. 

Penalties for Simple Assault

Simple assault charges are generally penalized as either a Class A or B misdemeanor. A Class A misdemeanor carries up to one year in jail, while a Class B misdemeanor warrants up to six months behind bars. Both Class A and B charges can carry hefty fines of $2,500 and $500, respectively. 

Penalties for Aggravated Assault

Aggravated assault is typically charged as either a Class C or D felony. Under TN Code § 40-35-111, a Class D felony is punishable by 2 to 12 years in prison, and a Class C felony can result in 3 to 15 years. Per the aggravated assault statute, the fines for these offenses are increased from a maximum of $5,000 and $10,000, respectively, to $15,000.

Additional Enhancements

Under Tennessee law, certain aggravating factors may increase the penalties for an assault offense. These include:

• Prior criminal history
• Use of a weapon
• Assault that occurs during the commission of another crime
• Assaulting a vulnerable individual (the elderly, those with disabilities, children)

What Constitutes Justifiable Force in Tennessee?

It’s important to understand that there are some instances in which the force exerted against another person may be considered “justifiable” force. This is often the case if you were acting in self-defense at the time of the alleged assault. 

Self Defense Under Tennessee Law

Tennessee, like all states, allows those faced with a threat the opportunity to defend themselves against them. As such, an assault charge may be dismissed if:

• The defendant reasonably believed they were in imminent danger 
• The defendant acted proportionally to the threat they faced

Tennessee is a stand your ground state, meaning that those faced with an imminent threat are not required to attempt to retreat to safety before using force. 

Common Defenses Against Assault Charges

It’s important to understand the potential defenses that you may be able to utilize with the assistance of an experienced attorney if you are facing assault charges in Shelby County:

• Self-defense or acting in defense of others
• Lack of intent
• Mistaken identity
• No reasonable fear of harm
• Constitutional violations
• Insufficient evidence

Contact an Experienced Shelby County Criminal Defense Attorney Today

The penalties associated with an assault charge can be severe, as the offense itself is violent in nature and can yield significant and detrimental consequences. Because of the potential for such substantial repercussions, it is important that you secure help from an experienced criminal defense attorney. Contact a skilled lawyer at Ballin, Ballin & Fishman, P.C. today to discuss your case and obtain representation.