Aggravated Assault

The Crime

Aggravated Assault is a felony offense that can seriously damage your record and your reputation. In Tennessee, a person may be convicted of the crime of Aggravated Assault(compared to the Misdemeanor crime of Simple Assault) if the state prosecutor proves beyond a reasonable doubt that the person intentionally or knowingly committed an Assault and the Assault:

  1. Resulted in serious bodily injury to another person; or
  2. Resulted in the death of another; or
  3. Involved the use or display of a deadly weapon; or
  4. Involved strangulation or attempted strangulation.

Aggravated Assault may also be committed if the person intentionally or knowingly:

  1. Failed to protect a child or adult from an Aggravated Assault by another person and is a parent or custodian of the victimized child or adult; or
  2. Committed or attempted to commit an Assault in violation of a court order, diversion, or probation agreement.

In addition, a person may also be convicted of Aggravated Assault if the prosecution proves beyond a reasonable doubt that the person recklessly committed an Assault and the Assault:

  1. Resulted in serious bodily injury to another person; or
  2. Resulted in the death of another; or
  3. Involved the use or display of a deadly weapon.

The Tennessee crime of Aggravated Assault includes additional factors and elements not discussed on this page. Please contact the attorneys at the Oberman & Rice Law Firm for additional information about this Tennessee crime.

[Source: Tennessee Code Annotated § 39-13-102]

The Penalties

Depending upon the facts and circumstances of the individual case, conviction for Aggravated Assault could be either a Class D Felony or a Class C Felony.

A Class C Felony Aggravated Assault may result in some or all of the following penalties:

  1. A sentence of 3 to 15 years in prison;
  2. A probationary period;
  3. A fine of up to $10,000 (unless the offense is committed against a law enforcement officer, in which case the maximum fine is $15,000);and
  4. Court costs.

A conviction for a Class D Felony Aggravated Assault may result in some or all of the following penalties:

  1. A sentence of 2 to 12 years in prison;
  2. A probationary period;
  3. A fine of up to $5,000 (unless the offense is committed against a law enforcement officer, in which case the maximum fine is $15,000); and
  4. Court costs.

[Source: Tennessee Code Annotated § 39-13-102]

Other Consequences of an Aggravated Assault Conviction

In addition to the court-mandated penalties described above, a person convicted of Aggravated Assault may also experience serious collateral (other) consequences. A Tennessee Aggravated Assault conviction may result in the loss of college scholarships or the ability to seek admission to a higher learning institution. A conviction may also impact one’s ability to maintain or seek employment and may result in negative action to a professional license (e.g. nursing).

Furthermore, a conviction for Aggravated Assault will ALWAYS stay on a person’s criminal history, and current and future employers may access records of prior convictions. This means that under current Tennessee criminal law and expungement law you may not erase or expunge an Aggravated Assault conviction from public record. Accordingly, current and future employers may access records of Tennessee criminal convictions. For more information about Tennessee expungement law, you may wish to review the information contained on our sister website, http://www.eraseyourrecord.com/index.html.

Why Hire An Attorney Immediately?

It is important to act quickly in order to gather and preserve favorable evidence. Key evidence (faces, dates, events, and conversations) fades from memory over time. Certain witnesses need to be interviewed as soon as possible. Also, video recordings and other evidence may be destroyed. Therefore, it is critical to begin an investigation as soon as possible to ensure valuable evidence is not lost. Success or failure in any criminal case may be determined in the decisions of the defendant and his or her Tennessee Criminal Attorney in only a few hours or days after an arrest is made.

Contact Us Today

If you or someone you know has recently received an aggravated assault charge, contact the Oberman & Rice Law Firm today so that we can begin preparing a defense for your case. Submit your information for a free case evaluation from our Knoxville Aggravated Assault attorneys or call our office at 865-249-7200.

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