Jackson Assault & Battery Defense Lawyer
Accused of Assault or Battery? Contact Us Today!
Have you or a loved one been charged with assault or domestic assault? It is vital that you speak with a Jackson criminal defense attorney as soon as possible. When you choose the representation of Casey, Simmons & Bryant, PLLC, you can rest easier knowing you have personalized legal care and aggressive defense on your side. The outcome of your case depends heavily on the quality of representation you choose during this difficult time. Our criminal defense attorneys are ready to protect your rights.
What's the Difference Between Assault and Battery?
Assault, especially domestic assault, is a very serious and is prosecuted aggressively. Assault involves taking physical or verbal action to injure another person or to make another individual feel he or she is in danger. Assault may be a misdemeanor or a felony offense, depending on the nature of the incident.
Depending on the nature of the offense, you could be facing the following penalties:
- Time in jail or years in prison
- Significant fines
- Mandatory restitution
- Anger management classes
- Probation/house arrest
- Loss of your right to possess firearms
- Eviction from your home
- No contact with your children
Assault VS Battery
You may be wondering what the difference between assault and battery is. In truth, separating assault and battery as different crimes is an old holdover that used to apply to many state laws.
However, today, assault and battery charges are often one and the same. Instead, it's easier to think of assault and battery in Tennessee as occupying the categories of "assault" and "aggravated assault."
What is Assault?
According to Section 39-13-101 of Tennessee Code, Assault is:
- "Intentionally, knowingly or recklessly causing bodily injury to another;
- Intentionally or knowingly causing another to reasonably fear imminent bodily injury; or
- Intentionally or knowingly causing physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative."
In other words, let's say that you threatened to throw hot water in someone's face. Whether or not you followed through on that threat, you could be charged with assault if the individual you threatened had a "reasonable fear" you could cause them harm. However, following through on that threat could result in more severe charges or aggravate the charge to intentional or reckless aggravated assault.
What is Aggravated Assault?
According to Tennessee Code Section 39-13-102, intentional and reckless aggravated assault are defined as:
"Intentionally or knowingly committing assault which involves the
- Serious bodily injury to another;
- The death of another;
- The use or display of a deadly weapon; or
- Involved strangulation or attempted strangulation.
Recklessly committing an assault that involves the following:
- Serious bodily injury to another;
- The death of another; or
- The use or display of a deadly weapon."
What are The Penalties for Assault in Tennessee
- Assault is usually considered a Class A misdemeanor, making it punishable by up to a year in prison and/or fines of up to $2,500. The details of the case often impact whether an individual receives a lighter or harsher penalty.
Assaulting certain professionals or individuals, such as law enforcement officers, health care providers, and employees or contractors, can raise the fine to $15,000.
Being convicted of aggravated assault (intentional or reckless) is significantly more detrimental than being convicted of assault.
- Aggravated assault charges can be classified as Class C or Class D felonies. That makes them punishable by 3-15 and 2-12 years in prison, respectively, and can also increase the fines a convicted individual must pay.
Additionally, the status of aggravated assault charges as a felony makes them almost impossible to remove from an individual's record. In contrast, it may be possible to expunge a misdemeanor from a criminal record, enabling the convicted individual to have a fresh start.
Is Battery Considered a Felony in Tennessee?
Battery in Tennessee can be classified as a misdemeanor or a felony based on the circumstances of the offense. Tennessee law defines "simple battery" as intentionally or knowingly inflicting bodily harm on another person or making physical contact of an insulting or provoking nature. Class A misdemeanors like simple battery are punishable by up to 11 months and 29 days in jail and up to $2,500 in fines.
If, however, certain aggravating factors are involved, such as the use of a deadly weapon, causing serious bodily injury, or committing the battery against a law enforcement officer, it can be classified as "aggravated" or "felony" battery. Depending on the circumstances of the offense, aggravated battery is generally classified as a Class C or Class D felony and can carry a sentence of up to 15 years in prison and a fine of up to $10,000.
Generally, Tennessee law permits the use of force for self-defense under certain circumstances. The amount of force used must be reasonable under the circumstances if the person reasonably believes that they are at risk of bodily harm. It is possible to be charged with a crime if excessive force is used beyond what is necessary to defend oneself.
Protecting Your Future & Your Rights
Assault can be charged as either a serious misdemeanor or a felony, depending on the circumstances of the alleged offense. When you are in legal trouble, you need to have both supportive and aggressive advocacy behind you. It can be extremely scary to face charges for this type of violent crime, regardless of the exact circumstances. Under the due process of the law, you are innocent until proven guilty.
How Can an Assault and Battery Attorney Help?
Engaging an experienced assault and battery attorney can be a game-changer when you are faced with such charges. They offer unwavering support, guiding you through the complexities of the criminal justice system and ensuring your rights are protected at every stage. A proficient attorney will scrutinize the details of your case, challenge the evidence presented against you, if necessary, and work diligently to build a strong defense strategy.
Services offered by an assault and battery attorney include, but are not limited to:
- Comprehensive case evaluation: An attorney examines all the aspects of your case, including the arrest, the evidence, and possible defenses.
- Representation in court: They will represent you in all court proceedings, ensuring your rights are upheld.
- Plea negotiations: If applicable, an attorney can negotiate plea deals on your behalf, which may reduce your charges or sentencing.
- Trial preparation: They prepare you for trial, coaching you on how to respond to questions truthfully and what to expect in court.
- Legal advice: An attorney provides sound legal advice based on their experience and understanding of the law.
- Protection of your rights: They ensure that law enforcement officials respect your rights during investigations.
- Appeal: If convicted, an attorney can help you file an appeal.
- Expungement: If eligible, an attorney can guide you through the process of expungement, allowing you to potentially clear your record.
Our Assault and Battery Lawyers
Our Jackson criminal defense attorneys understand what you are going through and are dedicated to helping you prevent a conviction. We are here to guide you every step of the way through the legal proceedings, while working towards a dismissal or reduction of charges.
Visit our criminal lawyer reviews to see why clients choose our law firm when they need an assault and battery lawyer in Tennessee.
Set up a free case consultation today - contact us now!
At our firm, we understand that you are going through a difficult time. We will guide you through this process with compassion and experience.
We understand that every case is unique. Our firm provides personalized attention and unique strategies for each case in order to achieve the most favorable results.
When you work with our firm, you will have advocates on your side that are ready for any circumstances and are not afraid to take your case to trial to secure favorable results.
Decades of Experience
Our firm offers more than 30 years of combined legal experience to advocate for you. Each of our attorneys will bring their insight and to your case.