Assault / Domestic Assault2019-01-03T12:23:13+00:00

Assault Charges Defense Attorney in Knoxville

Unlike other crimes, assault is considered a crime of violence in Tennessee. Crimes of violence can have a lasting effect on your life. An assault charge could effect your ability to get a job, rent an apartment, or even apply to college or university. It is important to understand the broad reaching effects an assault charge can have on you and to have the right representation by your side.

The three most common forms of assault you may be charged with are: assault, domestic assault, aggravated assault.

Tenn. Code Ann. § 39-13-101 says:

A person commits assault who:

  1. Intentionally, knowingly or recklessly causes bodily injury to another;
  2. Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
  3. Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.

Assault is a class A misdemeanor in Tennessee.

It is easier to pick up an assault charge than you might think; however, even if you are charged with assault, it is not the end of the road. It is possible to mount defenses such as: self-defense, it was accidental, etc…

Tenn. Code Ann. § 39-13-111 says:

As used in this section, “domestic abuse victim” means any person who falls within the following categories:

  1. Adults or minors who are current or former spouses;
  2. Adults or minors who live together or who have lived together;
  3. Adults or minors who are dating or who have dated or who have or had a sexual relationship, but does not include fraternization between two (2) individuals in a business or social context;
  4. Adults or minors related by blood or adoption;
  5. Adults or minors who are related or were formerly related by marriage; or
  6. Adult or minor children of a person in a relationship that is described in subdivisions (a)(1)-(5).

A person commits domestic assault who commits an assault as defined in § 39-13-101 against a domestic abuse victim.

Even though domestic assault is a class A misdemeanor like assault, it carries a greater stigma and consequences. If you are convicted of domestic assault, you will never own a gun again.

A lot of individuals end up charged with domestic assault because you had an argument with your spouse or partner and the police were called. The next thing you know, you are heading off to jail. I work with you to try and reconcile the relationship.

Tenn. Code Ann. § 39-13-102 says:

A person commits aggravated assault who:

  1. Intentionally or knowingly commits an assault as defined in § 39-13-101, and the assault:
    1. Results in serious bodily injury to another;
    2. Results in the death of another;
    3. Involved the use or display of a deadly weapon; or
    4. Involved strangulation or attempted strangulation; or
  2. Recklessly commits an assault as defined in § 39-13-101(a)(1), and the assault:
    1. Results in serious bodily injury to another;
    2. Results in the death of another; or
    3. Involved the use or display of a deadly weapon.

Unlike assault and domestic assault, aggravated assault is a class C felony. In terms of severity, aggravated assault is considerably more severe. You are endanger of losing your right to vote, right to own guns, serve on a jury, along with the stigma of being a felon.

Defending against these offenses

You need the right criminal defense attorney on your side to defend you against these accusations that have life long consequences. The right defense can result in dismissal, judicial diversion, or pleading to a lesser offense. It is important to take a client centric approach to truly convey the situation that led to your charge and to place you in the best light.

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