What Constitutes Assault In Tennessee? Is Assault A Felony?

Three main actions can constitute an assault in Tennessee. The first is if you strike someone. Another is called “offensive touching.” A common example of offensive touching is spitting on someone. A third type is the threat of imminent harm. Imminent harm is when somebody next to you draws back their fist and you think you’re about to get struck or they are displaying a weapon and threatening to use it on you.

Assault can be a misdemeanor or a felony in Tennessee. Aggravated assault is a felony in Tennessee. Aggravated assault is if there is great bodily harm or a weapon used.

There is also a difference between simple assault and domestic assault. Domestic assault is where you have an assault that occurs in a relationship between two people. If two people are dating, married together, or living together when an assault occurs, it’s considered a domestic assault. Domestic assault will trigger greater penalties, including some federal penalties. For example, if you’re convicted of domestic assault, you’re never going to be able to legally own a gun again.

What Is The Penalty For An Assault Conviction In Tennessee?

For misdemeanor assault, whether it’s a simple or domestic assault, it is 364 days in jail. Depending on the defendant’s history, the time may get suspended to probation. A domestic assault triggers additional penalties such as not being able to own a weapon. An aggravated assault could result in 2 to 12 years in jail. Depending on the facts of the case, the time may be suspended and the offender placed on probation in place of jail time.

Do You Need An Assault Attorney Or A Criminal Defense Attorney In Tennessee?

A criminal defense attorney can help you avoid additional federal penalties for domestic assault. To be convicted of any crime, the state has to prove that the person who is accused of that crime, committed it beyond a reasonable doubt. It’s a very high standard of proof and that’s a hard standard to meet if you’re just in a “he-said-she-said” situation. You should have a criminal defense attorney represent you if you are charged with assault.

For more information on Assault Charges In The State Of Tennessee, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (423) 262-8964 today.