What are the Potential Penalties for an Assault Conviction in Nashville?
If you have been charged with assault in Tennessee, you may be facing significant prison time and steep fines. Tennessee has some of the strictest assault laws in the nation, with the severity of your punishment based on your offense. Accordingly, if you have been accused of assault, you must take the allegations against you seriously.
In this blog, the Nashville, TN, assault lawyers at Andrew C. Beasley, PLLC, discuss assault laws in The Volunteer State and the importance of hiring experienced counsel.
Simple Assault versus Aggravated Assault Charges
The state of Tennessee recognizes two types of assault charges: simple assault and aggravated assault. Below, we discuss the differences:
Simple Assault
Someone has committed simple assault if he or she injures someone else, causes another person to fear imminent bodily injury, or touches someone in an offensive or provocative way. Under Tennessee law, causing bodily injury or threatening to harm someone is a class A misdemeanor, punishable by up to 11 months, 29 days in prison, and a fine of up to $2.500.
If you are found guilty of offensive or aggressive physical contact, then this is a class B misdemeanor. This is a lesser offense, and you may be imprisoned for up to six months and fined up to $500.
Aggravated Assault
If you cause another bodily injury, threaten to hurt someone, or touch someone in a way that can be perceived as offensive or aggressive, you may be found guilty of aggravated assault if any of the following conditions apply:
- The assault victim experiences serious bodily injury
- The assault victim dies
- You use or display a deadly weapon in committing the assault
- You strangulate or attempt to strangulate the victim
Aggravated assault can be either a class C or class D felony. If you intentionally or knowingly commit the assault, then it is a class C felony, punishable by 3-15 years in prison and a $10,000 fine. If you recklessly commit assault, then the charge is reduced to a class D felony. If found guilty, you may be sent to prison for 2-12 years and fined $5,000. If you strangulate or attempt to strangulate a pregnant person, then you will be charged with a class B felony. This is punishable by 8-30 years in prison and a fine of $25,000.
What Does Serious Bodily Injury Mean?
Imminent bodily injury means that a person is about to be physically harmed. Some confusion arises over when an assault charge becomes elevated to an aggravated assault charge. If you cause another serious bodily injury, this will likely result in an aggravated assault charge.
Under Tennessee Code §39-11-106, “serious bodily injury” constitutes any of the following:
- A substantial risk of death
- Prolonged unconsciousness
- Extreme physical pain
- Severe disfigurement
- Loss or use of a body part, organ, or an injury involving mental impairment
- A broken bone in a child that is 12 years of age or younger
My Actions Were Justified: Do I Still Need an Assault Lawyer?
Even if you were acting in self-defense or you believe the victim interpreted your actions wrongly, do not attempt to defend yourself. An assault lawyer can evaluate your case and provide honest feedback on your chances of being acquitted or negotiating a plea. If there is an opportunity to get your charges reduced, you will want to let an experienced criminal defense lawyer handle these negotiations.
Facing Assault Charges? Contact Our Nashville, TN, Assault Lawyers Today
An assault conviction comes with severe consequences, potentially altering the course of your life. At Andrew C. Beasley, PLLC, our Nashville, TN, assault lawyers are dedicated to helping individuals like yourself achieve the best possible outcome given their circumstances. If you have recently been charged with assault, contact us online or by phone to arrange your complimentary consultation. Let us help you gain control of your situation.