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Aggravated Assault Charges In TN
An aggravated assault charge is a much more serious charge than a misdemeanor “simple assault” charge. Aggravated assault can be a Class C or Class D Felony. Which class of felony is determined by state of mind. It is punishable by approximately two to 15 years in prison, depending on the class of felony and multiple other sentencing factors. Normally, the judge has some discretion on the length of the sentence. The judge can also allow the defendant to serve any portion of the sentence on probation rather than in prison. You definitely need an assault lawyer for an aggravated assault charge. If convicted, you would be classified as a violent felon, which could cause irreparable harm to your future. With an excellent criminal attorney, your odds of not being convicted go *WAY* up.
Table of Contents
TN Aggravated Assault Defined
To Be Convicted, the Government Must Prove (One or More):
A) If you committed assault on a person and:
- It results in serious bodily injury; or (Felony Class C or Class D based on State of Mind)
- Is committed with the use of a deadly weapon. (Felony Class C or Class D based on State of Mind)
- Causing or attempting to cause injury by strangulation or attempted strangulation. (Felony Class C)
- Committing an assault while under an order (i.e., Order of Protection), diversion, or probation agreement that prohibits such.
Aggravated Assault Felony Classes In TN
State of Mind:
- Class C Felony: If the government proves that you acted intentionally, the assault offense is a Class C Felony.
- Class D Felony: If the assault offense is committed recklessly, then it is a Class D Felony.
Sentencing:
- Class C Felony: Punishable by three to 15 years.
- Class D Felony: Punishable by two to 12 years.
Note: Sentencing guidelines will take your criminal history into account, among many other factors. Source: Tenn. Code Ann. § 39-13-102 | Web Search Tenn. Code Ann. § 39-13-102
Aggravated Assault Examples
To Be Convicted, the Government Must Prove (One or More):
A) If you committed assault on a person and:
- Striking or threatening to strike a person with any weapon or object considered to be dangerous.
- Shooting a person with a gun or threatening to kill someone with a gun.
- Assaulting someone with an intent to commit other felonies, such as robbery or rape.
- Assault resulting in serious physical injury of another person.
- Assault (threat of violence) while concealing one’s identity.
- Assault against a member of a protected class, such as a police officer, healthcare provider, social services worker, or developmentally disabled or elderly person.
…Cynthia Sherwood is my advocate, my lawyer, and my friend. She cares about me as a human being and gave her entire heart, mind, and soul to my case. When I was found innocent, I screamed and cried with such joy, thanking God that He led me to Cynthia Sherwood. She saved my life, and if you make the decision to hire her when you’re in a jam, she just might save yours too.
-Ken
Aggravated Assault FAQs
Criminal Attorney vs Domestic Violence Attorney?
What’s the difference between a criminal lawyer and a domestic lawyer? Generally speaking, there is no difference between the two terms. The use of “domestic… ... read more >Generally speaking, there is no difference between the two terms. The use of “domestic violence lawyer” is mostly used as a term of art to discuss a criminal attorney defending charges related to domestic violence. When the term is used by criminal attorneys, it may indicate that they specialize in resolving domestic violence charges. The general term, however, is criminal attorney or criminal defense attorney. Attorney is also interchangeable with lawyer. – “The more you know.”
What Is The Punishment For 1st Offense Misdemeanor Domestic Violence In TN?
What is the punishment for the first misdemeanor domestic assault charge in Tennessee? A Class A Misdemeanor domestic assault conviction in Tennessee is punishable by… ... read more >A Class A Misdemeanor domestic assault conviction in Tennessee is punishable by up to 11 months and 29 days in jail in addition to fines; however, very few people receive the maximum jail sentence. In almost all cases, an anger management class will be required. The real consequences come after you've served your time, paid your fines, and taken your class. One of those is the mandatory loss of your right to possess a firearm for the rest of your life. Read the full list of those consequences here: collateral consequences of having a domestic violence conviction on your record.
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…Cynthia Sherwood is my advocate, my lawyer, and my friend. She cares about me as a human being and gave her entire heart, mind, and soul to my case. When I was found innocent, I screamed and cried with such joy, thanking God that He led me to Cynthia Sherwood. She saved my life, and if you make the decision to hire her when you’re in a jam, she just might save yours too.
-Ken