Best Assault & Battery Lawyers in Tennessee

About Assault & Battery Law in Tennessee, United States

Assault and battery are criminal offenses in Tennessee that involve causing or attempting to cause harm to another person. While the terms "assault" and "battery" are often used together, Tennessee law technically uses the term "assault" for both the threat of harm and the actual physical contact. These offenses can range from misdemeanors to serious felonies, depending on the circumstances, such as the severity of the injuries and whether a weapon was used.

Why You May Need a Lawyer

Legal representation is extremely beneficial when facing assault charges or after being the victim of an assault. Here are several common scenarios where professional legal advice is crucial:

• Wrongful Accusations: Defending yourself if you have been falsely accused or charged with assault or battery.
• Victims Seeking Justice: If you are a victim and wish to pursue charges or understand your rights.
• Severity of Charges: Navigating the difference between misdemeanor and felony assault charges, which carry drastically different penalties.
• Plea Bargains: Understanding your options when the prosecution offers a plea deal.
• Protection Orders: Assisting with obtaining or defending against orders of protection stemming from assault allegations.
• Record Expungement: Exploring whether you can clear an assault conviction or charge from your criminal record.
• Self-Defense Claims: Asserting that your actions were legally justified due to self-defense.

Local Laws Overview

Tennessee defines and regulates assault under Tennessee Code Annotated Section 39-13-101. Here are key aspects of local law:

• Definitions: Assault includes intentionally or knowingly causing bodily injury, causing another person to fear imminent bodily injury, or causing physical contact that a reasonable person would regard as extremely offensive or provocative.
• Misdemeanor vs. Felony: Simple assault is typically a Class A misdemeanor. Aggravated assault, which involves serious injury or the use of a weapon, is usually a felony (Class C or D).
• Penalties: Punishments can range from fines and probation to significant prison sentences, depending on the classification and severity of the offense.
• Orders of Protection: Victims may seek protection orders, which restrain the accused from contacting or approaching the victim.
• Statute of Limitations: There are time limits for filing charges or lawsuits, which generally vary based on whether the offense is a misdemeanor or felony.
• Self-Defense: Tennessee allows individuals to claim self-defense, but strict requirements must be met to use this legal defense successfully.

Frequently Asked Questions

What is the difference between assault and battery in Tennessee?

Tennessee primarily prosecutes both threatening harm and causing harmful physical contact under the term "assault." The state does not formally distinguish between assault (the threat) and battery (the physical act) as some other states do.

What are the penalties for assault in Tennessee?

Penalties depend on the nature of the offense. Simple assault is usually a Class A misdemeanor, with possible jail time up to 11 months and 29 days and a maximum fine of 2,500 dollars. Aggravated assault is a felony and can result in several years of prison and much higher fines.

Can I be charged with assault if I did not physically touch someone?

Yes. Making a credible threat that causes someone to fear imminent bodily harm is sufficient to warrant an assault charge, even if no physical contact occurred.

What makes an assault "aggravated" in Tennessee?

Assault is considered aggravated if it results in serious bodily injury, involves the use or display of a deadly weapon, or is committed against certain protected individuals such as law enforcement officers.

What should I do if I am falsely accused of assault?

If you are wrongfully accused, you should refrain from contacting the accuser, gather any evidence or witness information that supports your version of events, and consult a criminal defense lawyer as soon as possible.

Does Tennessee law allow for self-defense?

Yes. Tennessee law allows you to use reasonable force to defend yourself or others if you believe you are in imminent danger of harm. The key is that the response must be proportional to the threat.

Can charges be dropped if the victim does not want to press them?

While the victim's wishes can influence whether charges proceed, the decision to drop or pursue charges ultimately rests with the prosecutor, not the victim.

Is it possible to have an assault charge expunged from my record in Tennessee?

Some assault charges may be eligible for expungement, especially if the case was dismissed or if you successfully completed judicial diversion. A lawyer can review your specific case and guide you on eligibility.

How long does the prosecution have to file assault charges in Tennessee?

The statute of limitations for misdemeanor assault is typically one year, while felony assault has a longer limitation period, usually two to four years, depending on the circumstances.

Can an assault conviction affect my right to own firearms?

Yes. Certain assault convictions, especially those classified as domestic violence or felonies, can result in the loss of your right to possess firearms under both state and federal law.

Additional Resources

If you need more information or support regarding assault and battery in Tennessee, you may find the following resources helpful:

• Tennessee District Attorneys General Conference: Information for crime victims and prosecution resources.
• Tennessee Department of Correction Victim Services: Support and advocacy for victims of crime.
• Local Law Enforcement Agencies: Guidance on reporting crimes and understanding investigations.
• Legal Aid Society of Middle Tennessee and the Cumberlands: Provides free or low-cost legal advice for qualifying individuals.
• Tennessee Bar Association Lawyer Referral Service: Connects individuals with licensed attorneys experienced in criminal defense.

Next Steps

If you are involved in an incident related to assault or battery in Tennessee, consider the following steps:

• Do Not Admit Fault or Make Statements: Avoid discussing the details of the incident with anyone other than your lawyer or law enforcement.
• Document Everything: Write down your recollection of events as soon as possible, and collect any evidence or witness information.
• Contact a Lawyer: A criminal defense attorney or a victim advocate can explain your rights and help guide you through the legal process.
• Attend All Legal Proceedings: Missing court hearings or meetings with your lawyer can hurt your case.
• Seek Support: Emotional support from counselors or victim assistance groups is often helpful in dealing with the stress of legal proceedings.

Taking action quickly and seeking professional advice can make a significant difference in the outcome of your case.