Assault

A conviction for assault has serious consequences, from possible jail time to having it become part of your permanent criminal record and preventing you from finding employment. The charge for an assault crime in Tennessee can be prosecuted as either a felony or a misdemeanor. If convicted, you could have to pay restitution to the victim, undergo counseling, probation, a criminal record, and spend time in the county jail or state prison.

In Tennessee, Assault is defined as follows:

Tennessee Code Annotated 39-13-101. Assault.

(a)  A person commits assault who:

(1)  Intentionally, knowingly or recklessly causes bodily injury to another;

(2)  Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or

(3)  Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.

(b)  (1)  Assault is a Class A misdemeanor unless the offense is committed under subdivision (a)(3), in which event assault is a Class B misdemeanor; provided, that, if the offense is committed against a law enforcement officer under this section, then the maximum fine shall be five thousand dollars ($5,000).

(2)  In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such that the victim is a victim as defined in § 36-3-601(5), and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant’s ability to pay, but not in excess of two hundred dollars ($200). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. Such appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411.

Attorney Brad H. Frakes understands the severity of these charges and how to obtain the best result for your case. For more information about the various defenses for your assault case, and to schedule your consultation, please call Mr. Frakes at 615-248-7854.