Nashville Assault Lawyer
Criminal Defense in Davidson County and Wilson County, Tennessee
Dealing with assault charges can be overwhelming and emotionally taxing. Nashville criminal defense lawyer Carla Grebert is a compassionate attorney that will provide you with guidance, support, and reassurance throughout the legal process, helping you navigate challenges and make informed decisions about your case.
What is simple assault in Tennessee?
In Tennessee, there are three types of “simple” assault:
Assault Causing Bodily Injury
- Class A misdemeanor.
- This occurs when a person intentionally, knowingly, or recklessly causes bodily injury to another.
- Essentially, any act resulting in physical harm to another person falls under this category. Examples of physical harm: bruises, scratches, red marks, and pain.
Assault Causing Fear of Imminent Bodily Injury
- Class A misdemeanor.
- This type of assault is committed when someone intentionally or knowingly causes another individual to reasonably fear imminent bodily injury.
- This recognizes the impact of threatening behavior on a person’s mental well-being. So, yes, you can be charged with assault without actually touching anyone.
Assault by Offensive Physical Contact
- Class B misdemeanor:
- Intentionally or knowingly causing physical contact with another person that a reasonable person would find extremely offensive or provocative constitutes assault.
- This involves contact that does not cause bodily injury, such as shoving, spitting, and unwanted touching.
What are the Penalties for Simple Assault?
The penalty for assault depends on the class of the offense:
- Class A misdemeanors carry a possible sentence of up to 11 months 29 days in jail and fine of up to $2,500. (However, some offenses have additional special fines.)
- Class B misdemeanors are punishable by up to 6 months in jail and a fine of up to $500.00
Additional Fine for Domestic Assault Cases
- In cases involving a domestic relationship between the defendant and the victim, the court will impose an additional fine of $100 to $200, depending on the defendant’s ability to pay. This fine is allocated to fund family violence shelters and shelter services, offering support to domestic abuse victims.
- For the purposes of this law a domestic abuse victim is any family member (by blood or marriage), anyone the defendant is, or ever has been, in a romantic, dating, or sexual relationship with, and anyone the defendant has ever lived with (including roommates).
What is Aggravated Assault
Aggravated assault is a serious charge. It is vital to have good legal representation from a Nashville assault lawyer.
- In Tennessee, aggravated assault occurs when someone intentionally or knowingly harms another person in a severe way, such as causing serious bodily injury, using a deadly weapon, causing death, or attempting to strangle someone.
- Aggravated assault is a felony, and may be Class B, C, or D, depending on the specific actions and consequences alleged.
Some Special Circumstances in Aggravated Assault
- Parental or Custodial Responsibility: If a parent or custodian fails to protect a child or adult from aggravated assault, the parent or custodian can also be charged with aggravated assault.
Violation of Court Orders: If someone violates an order of protection that prohibits them from causing harm to others and then causes harm, it’s considered aggravated assault. - Domestic Relationships: In cases involving a domestic relationship between the defendant and the victim, the court will impose an additional fine of $100 to $200, depending on the defendant’s ability to pay.
- Strangulation: If someone loses consciousness due to strangulation during the assault, it may be prosecuted as attempted first or second-degree murder.
What are the Penalties for Aggravated Assault?
The penalty for aggravated assault depends on the class of the offense. Some factors invoke additional penalties, but generally the punishment is as follows:
- Class B felony: 8 to 30 year sentence and up to $25,000 fine
- Class C felony: 3 to 15 year sentence and up to $10,000 fine
- Class D felony: 2 to 12 year sentence and up to $5,000 fine
Contact Your Nashville Assault Lawyer for Help
Being charged with assault is a serious legal matter that can have profound consequences on your life. Whether the charge is misdemeanor or felony, navigating the complexities of assault law requires expertise, experience, and understanding of legal procedures. Whether it involves a disagreement that got out of hand, self-defense, or something more, Attorney Carla Grebert will take the time to listen, understand your story, explain the legal process, and provide a strong defense. Request a consultation today.
Expungement/Expunction
A criminal record may interfere with your ability to get a job or housing. In Tennessee, some criminal convictions can be expunged (removed) from your records. Attorney Carla Grebert can guide you through that process, giving you a path forward.
