What is an Assault?
An act can be considered an assault even if there is no actual physical contact. To be considered an assault, there must be a gesture or some other action that leads to harm or the threat of harm. It's important to know that an assault can either be a misdemeanor or a felony in the state of Tennessee.
What is Domestic Assault
Domestic assault in Tennessee is an assault against a victim who is a family or household member including:
- A current or former spouse of the offender
- Person with whom the offender resides or previously resided
- Person who the offender is dating or previously dated or someone with whom the offender has or previously had a sexual relationship
- Someone with whom the offender is related by blood or adoption
- A person with whom the offender is or was related by marriage, and
- An adult or minor child of the offender or a family or household member.
According to Tenn. Code Ann. §39-13-101 in the State of Tennessee, the crime of simple assault is defined as if the alleged offender:
- Intentionally caused bodily injury to another person
- Knowingly caused bodily injury to another person
- Recklessly caused bodily injury to another person
The offender with bodily harm causing one of the following:
- The alleged victim has a reasonable fear of imminent bodily injury
- There has been physical contact with another that a reasonable person would find extremely provocative or offensive. (Tenn. Code Ann. §39-13-101.)
Simple assault is a misdemeanor primarily because it involves only minor bodily injury like a cut, scrape, or bruise. Injury such as a broken bone, disfigurement, loss of a limb, or requiring surgery or hospitalization is a “serious bodily physical injury.” If the offender causes this kind of injury, the crime is a more serious assault.
An aggravated assault is simply a more serious version of an assault charge, and in some instances, an aggravated assault may even result in a felony charge. An aggravated assault consists of physical actions that cause serious bodily harm, an assault made with a deadly weapon (e.g., gun, knife, etc), or assault involving another aggravating factor.
Essentially, anyone who commits a simple assault while using or displaying a deadly weapon has committed an aggravated assault.
What are the Consequences of an Assault Charge?
An Assault charge is a very serious crimes with severe consequences. Some of the penalties for receiving a guilty conviction for assault include:
To prevent a possible unfavorable outcome with your Knoxville assault charge, it’s best to seek out a highly capable, competent and skilled assault lawyer who will represent your best interests and fight the case in court, if necessary. You need someone who will take a discerning view at all of the evidence and empathetically listen to your side of the story. Give top Knoxville, Tennessee Assault Lawyer, Matt Ooten, at Ooten Law Firm a call at 865-259-0999 today.