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Aggravated Assault

Aggravated Assault2021-09-14T16:12:05-05:00

Aggravated Assault Defense Attorneys in Chattanooga

Aggravated Assault in Chattanooga, Tennessee

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.

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?

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.

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.

Aggravated Assault Lawyers in Chattanooga, Tennessee (1)

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.

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:

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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TESTIMONIALS

The moment finally came when I saw Jay walk down the stairs in the court room, he flashed me a thumbs up and I knew... I knew I won. If you need a lawyer do not hesitate to call Houston & Alexander. There is no one that will represent you better anywhere in Chattanooga. I wholeheartedly give them five stars. - Antonio
I had hired another law firm and they were getting nowhere with my case. I was charged with multiple offense DUIs and other charges. I was not sure where to turn and called Houston and Alexander. Johnny Houston went the EXTRA MILE for me! The other law firm had negotiated a sentence that may have made me lose my house, my kids...everything. Johnny was not only able to get my charges reduced but also the sentence net result was I was able to keep my family together. -Colleen
We've been clients of Houston & Alexander for three years, with Bret Alexander representing us during that time. I can't speak highly enough of his integrity, professionalism, and his dedication to our legal needs. We are so grateful for his guidance and effectiveness through such a difficult time. He's an attorney you can trust and depend on to do the right thing. We are sincerely so grateful. Thank You! - Trish
I am a Desert Storm veteran and found myself in need of legal counsel. Everyone from the receptionist to the attorney himself treated me with the utmost respect and dignity. I found them to be knowledgeable and most helpful. I would recommend Houston and Alexander for all your legal needs. Thank you for all of your help. - C Pugh
I won't go into specifics because they are very embarrassing for my family. But if you have a daughter who has been criminally charged with a serious charge, Johnny Houston should be your go-to gentleman. Because of his hard work, and diligence in our case, we can once again hold our heads High and consider this a lesson learned. Thank you Johnny Houston from the bottom of our hearts! -Karen A.
My son made a couple of mistakes and was faced with having a criminal record. Mr. Houston stepped in and provided us with excellent representation. My son will NOT have a record now and is looking forward to the future. I also can't say enough about the staff at Houston & Alexander. Always responsive and informative and really went the extra mile. I cannot recommend them enough! - Alice
Due the stress of this pandemic and the loss of employment, my wife and I got into an argument and I ended up getting arrested and charged with domestic violence. I could not go home, could not have any contact with my wife and had no place to live. An elected official/friend referred me to Johnny Houston and his law firm. Due to Johnny's efforts, not only did we get into court quickly, but all charges were dismissed. We are back together now and I am getting this expunged. Thank you, Johnny! - Client
I had too much to drink one night and backed into another car. I was charged with second offense DUI and felony reckless endangerment. I was at a real low point in my life and my husband had recently passed away. Johnny was able to get the felonies dismissed and I pled guilty to a first offense. Instead of facing significant jail time and a felony, I did a few days in jail and wore an alcohol monitor. Johnny was able to humanize me with the DA and I was able to get my life back on track again. Great law firm! You would be crazy to go anywhere else. - Karen M.
I am a college student. I was involved in a wreck and was charged with DUI and leaving the scene. I thought I was ok to drive but my blood result said otherwise. A DUI conviction would have really hurt my chances of getting a good job. Johnny and Bret told me I had a difficult case and the only guarantee they gave was that they would work hard for me. They NEVER gave up on my case and ultimately persuaded the arresting officer and the DA to reduce the charge. If YOU need help on a DUI or any other case, call them! These men are not only hard working but kind. - Kate
I had hired another law firm and they were getting nowhere with my case. I was charged with multiple offense DUI and other charges. Johnny Houston went the EXTRA MILE for me! The other law firm had negotiated a sentence that may have made me lose my house, my kids...everything. Johnny was not only able to get my charges reduced but also the sentence. I kept my house and my family intact! I have turned my life around and things are great! Johnny did not forget about me once the case was over, either. I needed some additional help with my license and Johnny jumped right on it. - Colleen
Johnny and Bret took my case and treated me like a person, not a number. I was looking at a long prison sentence (10+ years). These guys stepped in, calmed me down, and told me that they were going to be there for me. When you first walk in their office, you have that at home feeling. With Mrs. Wanda, a very welcoming atmosphere. They really treat you like family here. I would recommend Mr. Houston and Mr. Alexander to anyone who needs their service. You will not go wrong with these guys. THEY KNOW THE LAW!!!! - WARDELL
We were from out of town and had no friends or family in the area. Things got out of control and the next morning we were arrested and charged with Felonies. In my opinion, we were over charged. We called Johny and he agreed to meet with us right away. Johnny was attentive and listened. Facing possible jail time and the loss of my husband,s job we were terrified. Johnny literally rescued us! He took the lead, met with the DA and the alleged victim, and really smoothed things over. Johnny was confident and appeared to get along well with the Prosecutors and Judges. We were very fortunate to find Johnny. - Tana

TESTIMONIALS

The moment finally came when I saw Jay walk down the stairs in the court room, he flashed me a thumbs up and I knew... I knew I won. If you need a lawyer do not hesitate to call Houston & Alexander. There is no one that will represent you better anywhere in Chattanooga. I wholeheartedly give them five stars. - Antonio
I had hired another law firm and they were getting nowhere with my case. I was charged with multiple offense DUIs and other charges. I was not sure where to turn and called Houston and Alexander. Johnny Houston went the EXTRA MILE for me! The other law firm had negotiated a sentence that may have made me lose my house, my kids...everything. Johnny was not only able to get my charges reduced but also the sentence net result was I was able to keep my family together. -Colleen
We've been clients of Houston & Alexander for three years, with Bret Alexander representing us during that time. I can't speak highly enough of his integrity, professionalism, and his dedication to our legal needs. We are so grateful for his guidance and effectiveness through such a difficult time. He's an attorney you can trust and depend on to do the right thing. We are sincerely so grateful. Thank You! - Trish
I am a Desert Storm veteran and found myself in need of legal counsel. Everyone from the receptionist to the attorney himself treated me with the utmost respect and dignity. I found them to be knowledgeable and most helpful. I would recommend Houston and Alexander for all your legal needs. Thank you for all of your help. - C Pugh
I won't go into specifics because they are very embarrassing for my family. But if you have a daughter who has been criminally charged with a serious charge, Johnny Houston should be your go-to gentleman. Because of his hard work, and diligence in our case, we can once again hold our heads High and consider this a lesson learned. Thank you Johnny Houston from the bottom of our hearts! -Karen A.
My son made a couple of mistakes and was faced with having a criminal record. Mr. Houston stepped in and provided us with excellent representation. My son will NOT have a record now and is looking forward to the future. I also can't say enough about the staff at Houston & Alexander. Always responsive and informative and really went the extra mile. I cannot recommend them enough! - Alice
Due the stress of this pandemic and the loss of employment, my wife and I got into an argument and I ended up getting arrested and charged with domestic violence. I could not go home, could not have any contact with my wife and had no place to live. An elected official/friend referred me to Johnny Houston and his law firm. Due to Johnny's efforts, not only did we get into court quickly, but all charges were dismissed. We are back together now and I am getting this expunged. Thank you, Johnny! - Client
I had too much to drink one night and backed into another car. I was charged with second offense DUI and felony reckless endangerment. I was at a real low point in my life and my husband had recently passed away. Johnny was able to get the felonies dismissed and I pled guilty to a first offense. Instead of facing significant jail time and a felony, I did a few days in jail and wore an alcohol monitor. Johnny was able to humanize me with the DA and I was able to get my life back on track again. Great law firm! You would be crazy to go anywhere else. - Karen M.
I am a college student. I was involved in a wreck and was charged with DUI and leaving the scene. I thought I was ok to drive but my blood result said otherwise. A DUI conviction would have really hurt my chances of getting a good job. Johnny and Bret told me I had a difficult case and the only guarantee they gave was that they would work hard for me. They NEVER gave up on my case and ultimately persuaded the arresting officer and the DA to reduce the charge. If YOU need help on a DUI or any other case, call them! These men are not only hard working but kind. - Kate
I had hired another law firm and they were getting nowhere with my case. I was charged with multiple offense DUI and other charges. Johnny Houston went the EXTRA MILE for me! The other law firm had negotiated a sentence that may have made me lose my house, my kids...everything. Johnny was not only able to get my charges reduced but also the sentence. I kept my house and my family intact! I have turned my life around and things are great! Johnny did not forget about me once the case was over, either. I needed some additional help with my license and Johnny jumped right on it. - Colleen
Johnny and Bret took my case and treated me like a person, not a number. I was looking at a long prison sentence (10+ years). These guys stepped in, calmed me down, and told me that they were going to be there for me. When you first walk in their office, you have that at home feeling. With Mrs. Wanda, a very welcoming atmosphere. They really treat you like family here. I would recommend Mr. Houston and Mr. Alexander to anyone who needs their service. You will not go wrong with these guys. THEY KNOW THE LAW!!!! - WARDELL
We were from out of town and had no friends or family in the area. Things got out of control and the next morning we were arrested and charged with Felonies. In my opinion, we were over charged. We called Johny and he agreed to meet with us right away. Johnny was attentive and listened. Facing possible jail time and the loss of my husband,s job we were terrified. Johnny literally rescued us! He took the lead, met with the DA and the alleged victim, and really smoothed things over. Johnny was confident and appeared to get along well with the Prosecutors and Judges. We were very fortunate to find Johnny. - Tana

View our reviews online.

View our reviews online.

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