Can I Get Probation for Assault?
An alternative to jail, probation allows you to remain within the community but requires you to report regularly to a probation officer. In Tennessee, probation is often available for misdemeanors and less serious felonies. If you are a first-time offender, it is possible to get probation for an assault offense. You must follow the terms of your probation to a tee, with a violation resulting in stricter conditions and potential jail time. If you have recently been arrested or charged for assault, our Nashville assault attorneys are available to defend your interests.
What is Assault?
Assault is the act of intentionally, knowingly, or recklessly causing another person bodily injury or fear of imminent bodily injury. In some cases, a person may be charged with assault if they touch another person in a way that is considered offensive or provocative. Assault is typically charged as a Class A misdemeanor, punishable by up to 11 months, 29 days in jail. While fines will not typically exceed $2,500, if you intentionally, knowingly, or recklessly cause bodily harm to that person, you could be fined as much as $15,000.
Common Conditions for Probation in Nashville
Probation is a court-ordered sentence that offers defendants an alternative to incarceration. In some cases, a person’s sentence may be suspended, with probation being ordered in lieu of time behind bars. Under TN Code §40-35-303 (c)(2)(c)(ii), probation is generally available for sentences that are 10 years or less, including an assault conviction. However, it is at a judge’s discretion what the specific conditions of your probation will entail.
Although the specific conditions of your probation will be set by a judge, TN Code §40-35-303 (d)(1)-(13) states that probation may require the defendant to adhere to the following:
- Meet the offender’s family obligations;
- Employment in a specific occupation;
- Performing community service;
- Undergoing medical or psychiatric treatment;
- Pursuing a secular course of study or vocational training;
- Not possessing a firearm or other dangerous weapon;
- Routine drug and alcohol screenings;
- Travel is restricted, with most probation terms requiring that the individual remain within a certain state.
- Notifying the probation officer of any changes in address or employment;
- Regular check-ins with your probation officer;
- Paying fines, court-ordered fees, and other restitution;
- Undergoing alcohol or drug assessment and treatment;
- Using a transdermal monitoring device (if alcohol or drugs were a factor in the defendant’s criminal activity); and
- Participating in a recovery and treatment program or other community-based program.
Why is Probation Ordered in Nashville?
Probation allows offenders to offer emotional and financial support to their families. Tennessee courts will order probation in lieu of incarceration to avoid overcrowding in prisons. The recidivism rate for someone placed on probation is much lower than that of someone in jail, meaning that the individual is less likely to commit another crime. When you work with Andrew C. Beasley, PLLC, you can rest assured that our legal team will advocate for the most reasonable probation terms. Your case outcome matters to us, which is why each of our lawyers takes a personal interest in each case.
Speak with a Nashville Assault Lawyer Today
An assault conviction can strip you of your freedom and good name. While you may be able to serve the rest of your sentence within your community, you will have a criminal record that will follow you around for the rest of your life. If you or a family member has been accused of assault, do not hesitate to contact the legal team at Andrew C. Beasley, PLLC. To schedule a free consultation with one of our Nashville assault attorneys, contact us online or by calling (615) 846-9889 today.