Facing an assault charge in Nashville can be a stressful and confusing experience. You may be worried about potential jail time, fines, and the impact on your reputation. At Herbert & Lux, our dedicated assault defense attorneys understand the seriousness of these accusations and are committed to protecting your rights and fighting for the best possible outcome.
Assault charges can range from misdemeanors to felonies, depending on the severity of the incident and the presence of aggravating factors. Tennessee law currently classifies assault and battery under the same umbrella of assault. This means any intentional act that places another person in fear of imminent bodily harm or actual physical contact can be considered assault.
Breaking Down Assault Charges in Tennessee
There are several types of assault charges in Tennessee, each with varying degrees of severity and potential penalties:
- Simple Assault: This is the least serious assault offense, typically involving a threat of violence or minor physical contact. Penalties for simple assault can include fines up to $2,500 and up to 11 months in jail.
- Aggravated Assault: This charge applies when the assault results in serious bodily injury, involves a weapon, or is directed at certain protected individuals like law enforcement officers or healthcare workers. Aggravated assault can be a felony or a misdemeanor, with potential penalties ranging from significant fines and jail time to prison sentences.
- Domestic Assault: This is a specific type of assault that occurs between family members, romantic partners, or cohabiting individuals. Domestic assault charges can carry harsher penalties than simple assault, and often include mandatory domestic violence counseling.
- Assault on a Police Officer: This is a serious felony offense that carries significant penalties, including mandatory prison time.
Assault & Battery in Tennessee
Understanding the history of assault and battery in Tennessee can be helpful when facing an assault charge. Traditionally, these were treated as separate offenses where assault was considered anything that created fear of imminent bodily harm in another person and battery was the act of intentionally causing physical contact with another person with intent to harm them..
However, Tennessee law now defines both acts under the umbrella of assault. This means any intentional act that places another person in fear of imminent bodily harm or actual physical contact can be considered assault.
How Does This Apply?
- Threats: A verbal threat of violence, even without physical contact, can be considered assault if it makes the other person fear imminent harm
- Unwanted Touching: Any unwanted physical contact, even if minor (e.g., shoving, pushing), can be considered assault
- Harmful Physical Contact: Causing physical injury during an altercation falls under assault
The severity of the assault charge will depend on the specific circumstances, such as the presence of a weapon, the severity of any injuries, and the identity or vocation of the victim.
If you have been charged with assault in Tennessee, it is crucial to speak with an experienced criminal defense attorney. They can explain the nuances of the law as it applies to your specific situation and help you navigate the legal process.
How A Criminal Defense Attorney Can Help Your Case
An experienced assault defense attorney at Herbert & Lux can be a powerful asset in your case. At Herbert & Lux, we pride ourselves on our ability to leverage our skills to secure the best possible outcomes for our clients.
When facing assault charges, you need a team in your corner that’s willing to go the distance to uphold your rights and defend you from prosecution. Our dedicated criminal defense attorneys are committed to ensuring you receive the best possible representation for you, regardless of the details of your case.
The charges you’re facing may be serious, but they don’t have to define you or your future. Contact us today and take the first step towards putting this behind you with the help of one of the best criminal lawyers Nashville has to offer.
