What Constitutes Assault Under Tennessee Law?
In a recent year, over 36,000 aggravated assaults were reported to the authorities in the state of Tennessee. Assault is a growing concern in The Volunteer State, with legislation imposing harsh penalties for offenders. If you intentionally cause another person bodily harm or place an individual in fear of harm, you may be charged with assault.
In this blog, our Nashville, TN, assault lawyers discuss situations in which you may be charged with assault and why you need a lawyer to prepare your defense.
Tenn. Code §39-13-101
Under Tennessee law, a person is guilty of assault if he or she:
- Intentionally, knowingly, or recklessly causes another person bodily injury
- Places another person in fear of imminent bodily injury
- Makes physical contact with another person knowing that the individual would consider the touching offensive or provocative
Situations in Which Assault Charges May Arise
Road Rage
Let’s face it: At one time or another, we have all broken the speed limit to get somewhere in a rush. However, road rage is much more than having a heavy foot on the gas pedal; it involves yelling, making gestures to other motorists, and blowing your horn incessantly. Unfortunately, Tennessee ranks high on the list of states regarding road rage shootings. If you harm another person or threaten to harm someone, do not be surprised if assault charges are pressed against you.
Bar Fights
A person’s emotions will often escalate rather quickly when drinking. If you injure someone in a bar fight, there is a chance that you will be charged with assault.
Sporting Events
Assaults at sporting events are on the rise, resulting in many referees feeling unsafe while performing their job. The situation has become so dire that lawmakers are proposing stricter penalties for anyone who assaults a sports official. Under proposed House Bill 1761, anyone who causes a referee, coach, or anyone in an official capacity harm would be charged with a Class E felony. A conviction would result in potentially six years imprisonment.
What Defenses May Be Available if I Am Charged with Assault?
If you have been accused of assault, the Nashville, TN, assault lawyer at Andrew C. Beasley, PLLC, is willing to investigate your case to determine the validity of the charge. Even if the charge is based on sufficient evidence, the following defenses may still be available to you:
Self-Defense
If your actions were determined to be reasonable, then self-defense may be a viable defense in your case. Under Tennessee law, there is no duty to retreat. Furthermore, state law permits you to use deadly force if you believe that you or another person is in danger of serious physical harm or death.
Provocation
Provocation is an action or statement that is performed to make another person angry. On its own, it will not result in a defendant’s charges being dropped (making it only a partial defense). Provocation is a mitigating factor, resulting in a judge or jury imposing a lesser sentence. Even though it will not get your charges to go away, it can save you from spending an extended period in prison.
Charged with Assault? Speak with Our Nashville Assault Lawyers Today
If you are facing allegations of assault, you may be frightened and confused. At Andrew C. Beasley, PLLC, our Nashville, TN, assault lawyers are ready to provide aggressive representation to anyone charged with assault. Being charged does not mean that you will be convicted but that you will need tenacious counsel to show why your actions were justified. If you are ready to arrange your complimentary consultation, contact our office online or by phone.