Tennessee Criminal Lawyer Blog

Tennessee Criminal Lawyers understand the impact that an assault charge can have on your life. It is important to realize that the facts of every assault case are different. There are various classifications of assault under Tennessee law. Our Tennessee Attorneys handle assault charges in the Gatlinburg, Sevierville, Pigeon Forge, and Knoxville area. An individual charged with assault should contact a Tennessee Criminal Lawyer as quickly as possible in order to maximize legal avenues for the best possible resolution.

Unlike other jurisdictions, there is no assault / battery distinction under Tennessee criminal law. Basically, what other jurisdictions call a battery is also called an assault in Tennessee. According to Tennessee criminal law, a person commits assault when they:

• Intentionally, knowingly or recklessly causes bodily injury to another;

• Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or

• Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative. Tenn. Code Ann. § 39-13-101 (2007).

A charge of assault based upon the first two bullets above is considered to be a Class A misdemeanor. A charge of assault based upon the last bullet is considered to be a Class B misdemeanor. Misdemeanors in Tennessee are generally scaled from A to C. An A misdemeanor is considered more severe than either a B or C misdemeanor. Likewise, B misdemeanors are generally more severe than C misdemeanors.

It certain situations, an assault may become aggravated. A person commits aggravated assault when they:

• Intentionally or knowingly commit an assault as defined above and that assault:

(A) Causes serious bodily injury to another; or

(B) Uses or displays a deadly weapon; or

• Recklessly commits an assault by causing bodily injury to another, and:

(A) Causes serious bodily injury to another; or

(B) Uses or displays a deadly weapon. Tenn. Code Ann. § 39-13-102 (2007).

This is not an exhaustive list of the different ways to commit aggravated assault. Aggravated assault under the first bullet is a Class C felony. Aggravated assault under the second bullet is a Class D felony. Felonies in Tennessee are more severe than misdemeanors. In Tennessee, felonies are scaled from A to E. A felonies are the more severe than E felonies. If you are charged with either assault or aggravated assault under Tennessee law, it is important to contact a Tennessee Criminal Attorney to ensure the best possible resolution to your case.