AGGRAVATED ASSAULT
AGGRAVATED ASSAULT DEFENSE ATTORNEYS IN CHATTANOOGA
Table of Contents
- How is aggravated assault defined in Tennessee?
- What are examples of aggravated assault?
- Reckless acts
- Acts that cause serious bodily injury
- The use of a deadly weapon
- Domestic assault
- What are the penalties for aggravated assault?
- Are alternative sentencing options available for aggravated assault in Tennessee?
- Judicial diversion
- Suspended sentence
- Protect your rights
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.
What are examples of aggravated assault?
Reckless acts
The use of a deadly weapon
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.
What Are The Penalties For Aggravated Assault?
- 3 to 15 years in prison
- A fine of up to $10,000
- Possible restitution to the victim
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.
Get A Free Consultation
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.
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.
