You can be charged with aggravated assault if you attack someone with the use of a weapon or cause serious injury to the victim. The most serious aggravated assaults are felonies; simple assaults are typically prosecuted as misdemeanors.
Because there is such a wide range of classifications for this offense, you need to talk with an experienced lawyer about the details of the charges. James R. Owen can examine the facts so you get the best defense for your specific case.
Aggravated Assault Classifications:
- Assault with a Deadly Weapon. The charges can be filed even if no physical injuries result from the use of the weapon so long as the victim reasonably feared imminent bodily injury. A deadly weapon can be a knife or a gun, but can also be anything that is used in a manner that could cause serious bodily injury.
- The Victim’s Profession/Status. Conduct that would normally be a simple assault can become an aggravated assault if the person assaulted is performing certain jobs, such as a public transportation employee.
- Serious Bodily Injury. An assault that results in the death or serious bodily injury of another is an Aggravated Assault.
- Strangulation. Any assault that involves strangulation or attempted strangulation is an Aggravated Assault.
- Reckless behavior that results in serious bodily injury or death or involves the use of a deadly weapon can also be charged as an Aggravated Assault.
Aggravated Assault Penalties
There are a range of sentences in Tennessee for Aggravated Assault, with the most lenient penalty for a Reckless Behavior conviction. That is a Class D felony and carries a penalty of between 2-12 years in prison and a fine up to $5000.
Knowingly and intentionally committing aggravated assault is a Class C felony, which is punishable by 3-15 years in prison and a fine up $10,000. Examples include attacks on emergency responders, child abuse or failing to protect a child or protected adult from an aggravated assault.
Anyone convicted of aggravated assault in Tennessee can also be required to pay restitution, including reimbursing the victim for expenses such as medical treatment, repair or replacement to damaged property.
If you or a loved one are charged with Aggravated Assault, don’t try to defend yourself. Depend on the defense team at the Owen Law Firm.