ASSAULT &
BATTERY CHARGES
In Tennessee, assault and battery charges are serious offenses with significant legal consequences. The penalties vary based on the severity of the offense, the circumstances surrounding the incident, and the defendant's prior criminal history. Understanding the potential punishments and long-term impacts of these charges is crucial for anyone facing such allegations. Here’s an overview of the possible punishments and consequences for assault and battery charges in Tennessee:
POSSIBLE PUNISHMENTS
Simple Assault (Class A Misdemeanor)
Imprisonment: Up to 11 months and 29 days.
Fines: Up to $2,500.
Circumstances: Intentionally, knowingly, or recklessly causing bodily injury to another; causing another to reasonably fear imminent bodily injury; or causing physical contact that a reasonable person would regard as extremely offensive or provocative.
Aggravated Assault (Class C or D Felony)
Class C Felony:
Imprisonment: 3 to 15 years.
Fines: Up to $10,000.
Circumstances: Committing assault with a deadly weapon, or resulting in serious bodily injury.
Class D Felony:
Imprisonment: 2 to 12 years.
Fines: Up to $5,000.
Circumstances: Committing assault intending to cause serious bodily injury, or in cases involving domestic violence.
Domestic Assault
Penalties: Vary based on whether it’s a first offense or subsequent offense, and can range from misdemeanors to felonies.
Circumstances: Assault involving a current or former spouse, someone you live with, or someone you have a child with.
Vehicular Assault (Class D Felony)
Imprisonment: 2 to 12 years.
Fines: Up to $5,000.
Circumstances: Recklessly causing serious bodily injury to another person while driving under the influence.
Reckless Endangerment (Class A Misdemeanor or Class E Felony)
Class A Misdemeanor:
Imprisonment: Up to 11 months and 29 days.
Fines: Up to $2,500.
Class E Felony:
Imprisonment: 1 to 6 years.
Fines: Up to $3,000.
Circumstances: Engaging in conduct that places or may place another person in imminent danger of death or serious bodily injury.
Consequences Beyond Imprisonment and Fines
Criminal Record
A conviction for assault or battery results in a permanent criminal record, affecting future employment, housing, and educational opportunities.
Loss of Civil Rights
A felony conviction can result in the loss of certain civil rights, such as the right to vote, serve on a jury, or possess firearms.
Protective Orders
Victims of assault may seek protective orders against the defendant, which can restrict contact and proximity.
Probation and Parole
Individuals may be subject to probation or parole, with strict conditions including regular reporting to a probation officer and compliance with specific behavioral requirements.
Impact on Professional Licenses
Potential loss or suspension of professional licenses, particularly in fields that require public trust or involve working with vulnerable populations.
Legal Defenses and Mitigation:
Self-Defense
Arguing that the defendant acted to protect themselves from imminent harm.
Defense of Others
Demonstrating that the defendant was protecting another person from imminent harm.
Lack of Intent
Arguing that the defendant did not intend to cause harm or fear.
Consent
In some cases, showing that the alleged victim consented to the physical contact.
False Accusations
Providing evidence that the allegations are false or motivated by ulterior reasons.
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WORK
TOGETHER
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Nashville, TN 37212
E-Mail: Austin@PatriotLawTn.com
Tel: 615-669-8312