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Aggravated Assault Charges In TN

Aggravated Assault Charge Lawyer

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 2 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 attorneyyour odds of not being convicted go *WAY* up.

Aggravated Assault Charge Lawyer

TN Aggravated Assault Defined

To Be Convicted the Government Must Prove (one or more):

A) If you commit assault on a person and:

  1. It results in serious bodily injury; or (Felony Class C or Class D based on State of Mind)
  2. Is committed with the use of a deadly weapon (Felony Class C or Class D based on State of Mind)
  3. Causing or attempting to cause injury by strangulation or attempted strangulation. (Felony Class C)
  4. Committing an assault while under an order (i.e. order of protection), diversion, or probation agreement that prohibits such.
B) You are a parent or custodian of a child or adult and you knowingly or intentionally fail to protect the child or adult from aggravated assault or aggravated child abuse.C) Committing an assault while under an order, diversion, or probation agreement that prohibits such.D) You intentionally cause physical injury to a public employee or a transportation system employee while he or she is performing his/her job duties. (Class A Misdemeanor) (fines increase depending upon the type of public employee)Note: The deadly weapon ONLY needs to be displayed, it does not have to be used

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 3-15 years
  • Class D Felony: Punishable by 2-12 years
Note: Sentencing guidelines will take your criminal history into account among many other factorsSource: Tenn. Code Ann. § 39-13-102 | Web Search Tenn. Code Ann. § 39-13-102
Assault Lawyer Nashville TN

Aggravated Assault Examples

Some examples of aggravated assault charges might include:

  1. Striking or threatening to strike a person with any weapon or object considered to be dangerous
  2. Shooting a person with a gun or threatening to kill someone with a gun
  3. Assaulting someone with an intent to commit other felonies, such as robbery or rape
  4. Assault resulting in serious physical injury of another person
  5. Assault (threat of violence) while concealing one’s identity
  6. Assault against a member of a protected class, such as a police officer, healthcare provider, social services worker, or developmentally disabled or elderly person.

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Aggravated Assault Deadly Weapon Criminal Attorneys Nashville

How Aggravated Assault Charges Are Defended

Defending charges of aggravated assault include most usual strategies of felony cases, including self-defense, mistaken identity, misinterpreted accident, mental illness, defense of second individual, or property.

In any case, you will want to obtain an experienced criminal defense attorney who can navigate the court system, and develop motions, negotiations and strategies that will improve your chances of eliminating or reducing any legal ramifications.  For a free and confidential consultation contact us at Sherwood Boutique Litigation.  (615) 873-5670

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