Aggravated Assault

AGGRAVATED ASSAULT

AGGRAVATED ASSAULT DEFENSE ATTORNEYS IN CHATTANOOGA

Woman's Hands — Chattanooga, TN — Houston & Alexander, PLLC
Any claim of assault is taken seriously in Tennessee but, in certain circumstances, a charge of aggravated assault will be filed. This is usually charged as a felony crime in Tennessee and a conviction comes with serious penalties as well as longer-term consequences.

You must defend the charge to avoid serious repercussions for your freedom, employment, immigration status and other aspects of your future.

The experienced aggravated assault defense attorneys at Houston & Alexander will work tirelessly to ensure that momentary poor judgement or a wrongful accusation does not have a devastating impact upon your future.
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Table of Contents

How Is Aggravated Assault Defined In Tennessee?

According to the Tennessee Code Title 39, Chapter 13:

(a) A person commits aggravated assault who:

     (1) Intentionally or knowingly commits an assault as defined in § 39-13-101 and:

          (A) Causes serious bodily injury to another; or

          (B) Uses or displays a deadly weapon; or

     (2) Recklessly commits an assault as defined in § 39-13-101(a)(1), and:

          (A) Causes serious bodily injury to another; or

          (B) Uses or displays a deadly weapon.


To better understand aggravated assault, we need to consider the crime of simple assault in Tennessee.


Simple assault is intentionally, knowingly or recklessly causing bodily injury to another person, causing another person to reasonably fear imminent bodily injury, or causing physical contact that a reasonable person would regard as extremely offensive or provocative.


For an assault to be considered “aggravated”, one of the above must apply AND one of the definitions of aggravated assault outlined above from the Tennessee Code.


So, while bodily injury often occurs in such cases, it is not necessary for a charge of aggravated assault to be filed. For instance, the attempt to cause injury or the threat of physical harm from the use of a deadly weapon or strangulation can be charged as aggravated assault.


Aggravated assault charges can also be filed against a parent or guardian who fails to protect a child or protected adult from an aggravated assault or aggravated child abuse, as well as anyone who attempts to commit an assault while under a court order or agreement that prohibits such actions.


Other aggravated assault laws apply to public employees or transit system workers (private or public) who are assaulted while carrying out their duties.

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What are examples of aggravated assault?

In Chattanooga, the most common types of assault charges involve reckless acts, actions that result in serious bodily harm, assault with a deadly weapon, and domestic assault.

Reckless acts

If you commit a dangerous act without regard for the safety of others, it may be considered reckless and lead to an aggravated assault charge. This applies regardless of any intent to cause harm to others.

As harsh as it may sound, if you are in a hurry and push past someone who falls and is injured as a result of your actions, an aggravated assault charge may be filed against you in Tennessee.

In such cases, legal representation can help you avoid the most serious potential consequences.

Acts that cause serious bodily injury

Causing serious bodily injury to another person greatly increases the likelihood of an aggravated assault charge.

Examples of serious injury include facial disfigurement, the loss of a limb, broken bones, or any other injury requiring surgery or hospitalization.

The use of a deadly weapon

Any crime in Tennessee that involves the use of a deadly weapon like a firearm or knife is unlikely to be treated leniently by the justice system, given the potential for serious injury or loss of life.

Even the use of an item not generally considered to be deadly, such as a rope or baseball bat, can lead to an aggravated assault charge. However, it does not include fists, feet or any other body part.

Domestic assault

Domestic crime is treated extremely severely in Tennessee.


A domestic assault is an assault against a family member or member of the same household, e.g., a spouse, ex-spouse, dating partner, or any adult related by blood, amongst others.


Any assault against such a person is likely to be upgraded to “domestic aggravated assault”, which can incur even more severe penalties than aggravated assault.

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What Are The Penalties For Aggravated Assault?

Prison time, fines and possible payment of restitution to the victim are the likely consequences of a conviction for aggravated assault in Tennessee.

However, the circumstances of the assault are always vital in such cases for determining the likely penalties.

The most serious aggravated assault charges involve “intentional” or “knowing” acts. These are charged as Class C felonies with the following penalties:
  • 3 to 15 years in prison
  • A fine of up to $10,000
  • Possible restitution to the victim
Aggravated assault charges for failing to protect a child or protected adult from an aggravated assault or child abuse may also incur these same punishments.

Aggravated assault involving reckless acts (rather than intentional ones) is a Class D felony:

 

  • 2 to 12 years in prison
  • A fine of up to $5,000
  • Possible restitution to the victim

 

Aggravated assault against a public employee or transit worker is a Class A misdemeanor:

 

  • Up to 11 months and 29 days in jail
  • A fine up to $2500, or
  • Both

 

Restitution is usually payable when significant medical expenses or other out-of-pocket expenses have been incurred by the victim of the assault.

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Looking For An Aggravated Assault Attorney In Chattanooga, TN?

If you’ve been charged with an aggregated assault related crime, it is in your best interest to consult with an experienced attorney immediately.


Call (423) 267-6715 or request a free case evaluation today.

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Are Alternative Sentencing Options Available For Aggravated Assault In Tennessee?

Judges in Tennessee have considerable latitude in aggravated assault cases and may exert discretion depending on the circumstances and the criminal history of the defendant.


With a competent criminal defense lawyer acting in your best interests, a plea bargain may be negotiated with the prosecution to limit the consequences for you.


If that fails, your defense attorney will try to persuade the judge to impose the minimum sentence possible in the event of a guilty verdict. This may be able to keep you out of prison.


Alternative sentencing options for Tennessee judges in such cases include the following:

Judges in Tennessee have considerable latitude in aggravated assault cases and may exert discretion depending on the circumstances and the criminal history of the defendant.


With a competent criminal defense lawyer acting in your best interests, a plea bargain may be negotiated with the prosecution to limit the consequences for you.


If that fails, your defense attorney will try to persuade the judge to impose the minimum sentence possible in the event of a guilty verdict. This may be able to keep you out of prison.


Alternative sentencing options for Tennessee judges in such cases include the following:

Judicial Diversion (Deferred Sentence)

In return for a guilty plea, a defendant with no previous criminal convictions and who has never been incarcerated may be granted judicial diversion or a “deferred sentence”.

Sentencing is postponed on the condition that the defendant complies with probation, commits no other criminal offenses, completes volunteer work in the community, etc.

After successfully completing the probation period, the case will be dismissed and no criminal conviction will show on your record although the arrest, deferred sentence and case dismissal records will still appear.

Suspended Sentence

Under the conditions of a suspended sentence, a convicted person is sentenced to prison time but can serve the sentence on probation rather than behind bars.

In the event of violating the often-strict terms of probation, the court may order the remainder of the sentence to be served in prison.

Protect Your Rights: Call Houston & Alexander, PLLC

A criminal conviction in Tennessee can affect your life forever. The experienced aggravated assault defense attorneys at Houston & Alexander, PLLC will protect your rights and freedoms and reduce the impact on your future.

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Domestic Assault Criminal Defense Attorneys In Chattanooga

Domestic assault is a serious criminal charge in the State of Tennessee. Although domestic assault is typically a misdemeanor, the ramifications are serious and the consequences can affect you for literally the rest of your life. If you are charged with domestic assault, aggravated domestic assault or domestic vandalism, you should call Houston & Alexander immediately. The sooner we get started on your case, the quicker we can formulate a strategy for your defense.


Domestic assault cases are generally thought to involve husband and wife, as in spousal abuse situations. However, domestic assault charges can involve family members, ex-boyfriends and ex-girlfriends, roommates, house-mates, basically any two people who are in a domestic relationship.

Types Of Domestic Violence Cases

Domestic violence crimes can be charged as “simple domestic assault,” “aggravated domestic assault” and “domestic vandalism.” “Simple domestic assault” and “domestic vandalism” are both Class A misdemeanors and carry a possible jail sentence of up to 11 months and 29 days in jail. If you are convicted of either of these crimes, you might have to serve jail time but you will also lose your right to own or possess a firearm for the rest of your life! If protecting your second Amendment right is important, call Houston & Alexander immediately to schedule an appointment.


“Aggravated domestic assault” is generally a class C Felony and carries a sentence of 3-6 years, even as a first-time offender. Also, by virtue of the felony as well as the domestic violence nature of the offense, you will lose your right to possess or own a firearm.


“Domestic vandalism” is one person intentionally damages not only the property owned by a domestic partner but also property that is jointly owned. For example, if the parties get in an argument and one party decides to throw a dish for example and that dish breaks, there can be a charge of “domestic vandalism.” “Domestic vandalism” carries the same punishment as a domestic assault.

Primary Aggressor Goes To Jail

Often times, couples will argue and one party decides to call the police just to get the other party to leave. Tennessee law says that if there is any evidence of an assault, the police try to determine which person is the primary aggressor and that person is arrested and taken to jail. What could likely have been avoided has now turned into a very serious criminal matter.


After arrest and going to jail, a domestic violence defendant goes before a judicial magistrate to determine if bond should be set as well as appropriate conditions of release. There will be a “cooling off” period of 12 hours before the defendant is released. Prior to the release, the magistrate will almost always set bond conditions of release that prohibit any contact between the parties while the case is pending. That means no phone calls, no text messages, no staying in the same residence. Often, a defendant is left without a place to live and is unable to return to his or her residence to retrieve personal items. If you have been ordered to stay away from the alleged victim and you are caught violating that order, you will likely go to jail and may even be held without bond while the case is pending. The attorneys at Houston & Alexander, PLLC can assist in dealing with these conditions of release and may even be able to convince the judge and DA that the conditions are unnecessary and they are lifted.

Can A Domestic Violence Charge Be Dropped?

Often a “victim” in a domestic assault case was the actual initial aggressor and goes to court thinking they can dismiss the charges but quickly finds out they have little influence with the DA or the judge. A domestic assault charge is essentially brought by the State against the Defendant and the DA alone makes the ultimate decision to whether a case is dismissed or compromised. If you are an alleged victim in a case and you do not want to proceed (and there may be valid reasons why do you not), you should also speak with an attorney so that your rights are protected.

Domestic Assault In Divorce Cases

In divorce cases, very often an aggrieved spouse will call the police and claim domestic assault when it is completely false just to gain an advantage in divorce proceedings and in child custody arrangements. If you are in a divorce case or a divorce filing is imminent, you need to speak with an experienced criminal defense attorney immediately.

Do You Need A Lawyer In A Domestic Violence Case?

If you have been charged with a domestic assault or spousal abuse case in Tennessee, you need to immediately speak with an attorney at Houston & Alexander, PLLC at 423-267-6715 to discuss your options so that you are not saddled with a conviction for the rest of your life. Even if the evidence against you is overwhelming, there may still be a way for you to ultimately have a clean record.
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