What are the Penalties for Aggravated Assault with a Deadly Weapon?
The Dalai Lama once said, “If a person shows anger to you, and you show anger in return, the result is disaster.” Although simply showing anger may not be a disaster, if you are unable to control your anger, the result could be calamitous.
Our Nashville assault crimes defense lawyer has experience defending those who have been accused of aggravated assault with a deadly weapon. Attorney Andrew C. Beasley knows what affirmative defenses may be available in your situation to help minimize the penalties.
Charges and Penalties
Aggravated assault is causing or attempting to cause physical injury to another. In accordance with Tennessee Code §39-13-102, there are two types of charges for aggravated assault with a deadly weapon:
- Intentionally or knowingly committing an assault with the use or display of a deadly weapon, or
- Recklessly committing an assault with the use or display of a deadly weapon
Intentionally or knowingly committing aggravated assault with a deadly weapon is a class C felony. If convicted, you may be imprisoned anywhere from 3-15 years and must pay a fine of $15,000.
However, if you consciously disregarded a substantial and unjustified risk, you will likely be charged with recklessly committing aggravated assault with a deadly weapon. This is a class D felony, and if you are convicted, you may be imprisoned anywhere from 2 to 12 years and have to pay a fine of $5,000.
Affirmative Defenses
An affirmative defense is evidence that would negate your criminal liability, even though the allegations against you may be true.
In assault cases, the following affirmative defenses may be available:
Self Defense
Self-defense is a popular defense in assault cases. In Tennessee, the defendant is justified in using self-defense, with no duty to retreat, when the individual believes that the use of force is necessary to protect themselves or another against the aggressor’s unlawful force.
According to state law, the danger creating the belief of imminent fear of bodily injury or death must be:
- Real
- Believed to be real or
- Founded upon reasonable grounds
Lack of Intent
The defendant’s state of mind during the commission of a crime, known as “mens rea,” will be a large factor in determining punishment. If you can show that you lacked criminal intent, meaning that you did not mean to harm the other person, you may be able to have the charges against you dropped.
Necessity
A necessity defense states that the defendant had no choice but to act in a certain way to avoid harm to themselves or others. This would apply to emergency situations and would justify the defendant’s actions if found applicable.
In any criminal trial, if the defendant raises an affirmative defense, the defendant must provide sufficient evidence to support the claim (burden of production). Once the claim is established, it then becomes the prosecutor’s burden to prove that the defense does not apply (burden of persuasion).
Contact a Nashville, TN, Assault Crimes Defense Lawyer
A charge of aggravated assault with a deadly weapon can have serious repercussions. If you are facing this accusation, our Nashville assault crimes defense lawyer understands that getting these charges dropped or dismissed can salvage your freedom. Contact us today online or by calling 615-620-5803 to learn more.