Best Assault & Battery Lawyers in Murfreesboro

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Law Office of W. Scott Kimberly
Murfreesboro, United States

Founded in 2015
3 people in their team
English
The Law Office of W. Scott Kimberly is a Murfreesboro, Tennessee based practice that concentrates on Criminal Defense, Family Law, and Accidents & Injuries. Located on the Murfreesboro Public Square, the firm opened its doors in 2015 and has built a practical, results oriented approach to resolving...
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About Assault & Battery Law in Murfreesboro, United States

Murfreesboro sits in Rutherford County, Tennessee, where assault and related offenses are defined by state law and applied by local courts. In Tennessee, the terms “assault” and “battery” are commonly addressed together under statutes that distinguish between simple and aggravated forms of the offense. Practically, prosecutors may charge offenses as simple assault, aggravated assault, or as domestic assault depending on the facts and relationships involved. A defendant may face criminal penalties, probation, or jail time if convicted.

Understanding how these charges are classified helps residents know what to expect in court. In Tennessee, the prosecuting authority in Murfreesboro typically operates as the District Attorney General for the applicable judicial district, guiding charges and plea negotiations. Depending on the case, you may also encounter local procedures in Rutherford County General Sessions Court or Circuit Court. Local practice can influence bond decisions, arraignment timelines, and plea options.

According to Tennessee statutes, simple assault and aggravated assault are defined to target different levels of harm, with penalties increasing for more serious conduct or for certain relationships and circumstances.

For official guidance, consult statutory sources and local court resources. The information below references state law and local processes, with links to government sites for accuracy and updates.

Sources - Tennessee statutes and self-help guidance available on government sites, including Title 39 for criminal offenses and Title 36 for domestic law. See the links in the Local Laws Overview section for direct access.

Why You May Need a Lawyer

These scenarios reflect real-world situations Murfreesboro residents face when assault and battery accusations arise. Each example involves plausible court or law enforcement actions in Rutherford County.

  • A person is arrested for simple assault after a confrontation at a Murfreesboro residence and faces a first appearance in General Sessions Court. You need counsel to review arrest legality, bond options, and potential guilty plea consequences.
  • A defendant is charged with aggravated assault after a fight in a parking lot near a Murfreesboro business, with a weapon involved or serious bodily injury alleged. You need a lawyer to assess weapon enhancements, potential defenses, and trial strategy in Circuit Court.
  • A domestic violence incident leads to an assault charge and a separate protective order request. You need counseling to address both potential criminal penalties and the protective order's terms and duration.
  • A victim seeks to press charges or obtain a protective order while the accused is negotiating a plea. You need an attorney to protect your interests, explain consequences, and coordinate with the District Attorney General or prosecutor's office.
  • A person charged with assault faces eligibility for diversion, dismissal, or a plea agreement. You need a lawyer to evaluate options, historical outcomes in Rutherford County, and long-term effects on records and employment.
  • A defendant with prior convictions faces a potential felony charge or enhanced penalties if convicted of aggravated assault. You need an attorney to challenge evidence, verify chain of custody, and explore sentence alternatives.

Local Laws Overview

This section highlights key Tennessee statutes that govern assault and related offenses and the local processes that apply in Murfreesboro and Rutherford County. Always verify current text and any county amendments with official sources.

  • Simple Assault - Defined in Tennessee Code Annotated Title 39, Chapter 13, as a baseline offense typically charged as a misdemeanor when the defendant intentionally causes bodily harm or threatens injury. The basic framework determines penalties and potential defenses.
  • Aggravated Assault - Also under Title 39, Chapter 13, focusing on more serious contact, injuries, or use of a weapon, often carrying felony-level penalties depending on the circumstances and the defendant’s intent.
  • Domestic Violence and Protective Orders - Domestic violence offenses and protective orders are addressed under Title 36, Chapter 3, and related sections. These provisions cover protective orders, mandatory reporting, and consequences for violations in domestic settings such as households or dating relationships in Rutherford County.

Local practice notes: Murfreesboro cases are typically processed through Rutherford County courts, with arraignments and bond hearings occurring in the county’s court system. For procedural guidance, see Tennessee Courts Self Help materials on criminal cases.

Sources and official access points include government sites for statutory text and court procedures. See the Tennessee General Assembly statutes page and the Tennessee Courts Self Help site for current definitions and procedures.

Useful official resources you can consult for current law and procedures include:

Frequently Asked Questions

What is the difference between simple assault and aggravated assault in Tennessee?

Simple assault involves intentionally causing bodily harm or creating apprehension of harm in a non-felonious manner. Aggravated assault involves more serious injury, the use of a weapon, or other aggravating factors that elevate the charge to a felony in many cases.

How do I know which charge I am facing in Murfreesboro?

Charging decisions depend on the facts, evidence, and prosecutors in Rutherford County. A local attorney can review police reports, witness statements, and medical records to determine whether simple or aggravated assault applies.

How much does an assault and battery attorney cost in Murfreesboro?

Costs vary by attorney, case complexity, and experience. Typical fees include a consultation, hourly rates, or flat fees for specific services. Many lawyers offer payment plans or initial consultations at a reduced rate.

How long does an assault case take in Rutherford County, Tennessee?

Case timelines vary by charge level, court docket, and plea decisions. Misdemeanor cases may move faster than felonies, but each case depends on discovery, motions, and court availability.

Do I need a private lawyer or can I use a public defender in Murfreesboro?

Public defender availability depends on income and case type. If you qualify, a public defender can represent you, but a private attorney may offer more tailored strategy and resources for complex assault and domestic violence cases.

What is a protective order and how does it affect me if someone accuses me of assault?

A protective order restricts contact with the alleged victim and may impact housing, work, and travel. Violating a protective order can lead to additional charges, so consult counsel to navigate court requirements and potential modifications.

Is there a difference between assault and battery in Tennessee law?

Commonly, Tennessee uses the term assault to cover acts of causing bodily harm or creating fear of harm, with battery implied or included in the assault charge. A lawyer can review the specific complaint to explain how the charge is framed.

Can a first-time offender avoid jail or get a plea that minimizes penalties?

Possibly, depending on mitigating factors, the charge type, and the prosecutor’s approach. A skilled attorney can negotiate for diversion, diversionary programs, or reduced charges where appropriate.

What penalties apply to simple assault versus aggravated assault in Tennessee?

Simple assault generally carries misdemeanor penalties, with potential fines and jail time. Aggravated assault carries higher penalties, often with felony exposure, especially if a weapon is involved or bodily injury is significant.

How do I find a qualified Murfreesboro assault and battery lawyer?

Start with local law firms in Murfreesboro, check references, and verify bar admissions in Tennessee. Schedule consultations to discuss case details, fees, and strategy before you hire.

What should I expect during a first court appearance after an assault arrest?

Expect arraignment, a possible bond hearing, and a discussion of charges. An attorney can prepare you for questions from the judge and outline your defenses or plea options.

Should I discuss case details with police before talking to a lawyer?

Limit discussions with police until you have legal counsel. Speaking with an attorney first helps preserve your rights and ensures you present information accurately in court.

Additional Resources

Next Steps

  1. Identify your charge type and capture all case documents. Collect police reports, witness statements, medical records, and any protective order documents if applicable. Do this within 24-48 hours of arrest or notification.
  2. Schedule a consultation with a Murfreesboro assault and battery attorney. Bring all case materials and a list of questions about potential defenses and outcomes. Aim for a same-week appointment if possible.
  3. Confirm the attorney’s experience with Rutherford County cases. Ask about prior outcomes in simple and aggravated assault matters and familiarity with local judges.
  4. Discuss bond options, pretrial release conditions, and any protective orders with your attorney. Seek guidance on compliance and potential modifications if needed.
  5. Review discovery with your attorney and plan trial or plea strategy. Decide whether to pursue diversion, plea concessions, or trial defenses based on evidence.
  6. Decide on a plea strategy with your lawyer and ensure you understand potential penalties. Document all agreements and ensure they are filed with the court.
  7. Follow through on all court dates and compliance requirements. Maintain communication with your attorney and promptly report any changes in contact information or residence.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.