You should seek legal help for any Nashville assault charge, but penalties for aggravated assaults are particularly severe and can include years in prison.
Simple Assault
Under Tennessee Code §39-13-101, simple assault can occur in several ways. You may be charged if you intentionally or recklessly cause harm to someone, threaten them with imminent harm, or engage in physical contact that any reasonable person would find provocative or offensive. While the term “simple” might make it sound minor, the penalties can still be significant.
A Class A misdemeanor can carry up to 11 months and 29 days in jail and fines up to $2,500, while penalties for a Class B misdemeanor carry jail time of up to six months and a $500 fine. Specific situations, such as assaults against first responders or nurses, carry mandatory penalties of 30 days in jail and fines up to $5,000.
Aggravated Assault
Aggravated assault will usually involve more serious circumstances. For example, if you use or show a deadly weapon, cause serious bodily injury, attempt strangulation, or if the victim dies. All aggravated assaults are felonies, but the severity of the incident will determine the classification and penalties.
For example, a Class C felony can carry three to fifteen years in prison and a fine of up to $10,000, while a Class D felony carries two to twelve years in prison and fines of up to $5,000.
Additionally, felonies have longer-term consequences, including the loss of gun rights.
Domestic Assault / Family Violence
Assault involving a spouse, dating partner, or other household member is treated especially seriously under Tennessee law, and the personal ramifications are sweeping, jeopardizing marriages, domestic partnerships, and even child custody. They can involve additional factors, including protective orders. We’ve had clients who were legally prohibited from accessing their own homes.
And that’s in addition to the legal penalties: a Class A misdemeanor for domestic assault can land you in jail for up to a year and cost $2,500 in fines, while a Class B misdemeanor can carry up to six months in jail and fines of up to $500.
As with aggravated assault, aggravated domestic assaults are felonies that carry steeper penalties, including possible prison time, fines of up to $10,000, and longer-term consequences such as mandatory counseling, loss of gun rights, and loss of child custody.
How to Beat Assault Charges in Nashville
At Michael & Associates, our clients are our top priority. We limit the number of cases we accept so that we know we have the time to give your case the attention it deserves. We will customize a strategy based on your circumstances after we:
- Investigate the incident that led to your arrest
- Ensure that law enforcement followed proper procedures,
- Review witness statements and physical evidence
- Make sure that your constitutional rights weren’t violated
Potential strategies include:
- Were you acting in self-defense or defending someone else?
- Were you defending your property?
- Is all of the evidence accurate?
If we can’t find a way to get the charges against you dismissed, we will aggressively negotiate the best possible plea agreement, and we’re never afraid to take your case to trial when necessary.