Is Aggravated Assault a Felony in Tennessee?
A crucial question that can significantly impact an individual’s future and freedom. In this article, we will explore the answer to this question and delve into the world of Tennessee’s criminal justice system.
What is Aggravated Assault in Tennessee?
Aggravated assault is a severe crime in Tennessee that carries serious consequences. According to Tennessee Code Annotated §39-13-102, aggravated assault is defined as:
- "Attempting to cause serious bodily harm" to another person with a deadly weapon;
- "Intending to cause serious bodily harm" to another person without a deadly weapon, but with a "utmost indifference to human life";
- "Employing a deadly weapon or causing serious bodily harm" to another person and "knowingly or recklessly caus[ing]" harm to the victim or someone else.
Is Aggravated Assault a Felony in Tennessee?
Yes, aggravated assault is a felony offense in Tennessee. Specifically, it is classified as a Class C felony under Tennessee Code Annotated §39-13-102. This means that a conviction for aggravated assault can result in:
• Up to 15 years in prison
• Fines of up to $10,000
• Restitution to the victim
• Loss of certain civil rights
Penalties for Aggravated Assault in Tennessee:
| Penalty | Aggravated Assault (C Felony) |
|---|---|
| Maximum Prison Sentence | Up to 15 years |
| Maximum Fine | Up to $10,000 |
| Restitution | Ordered by the court |
| Loss of Civil Rights | May be lost |
Aggravated Assault versus Simple Assault:
Aggravated assault is distinguishable from simple assault (a Class B misdemeanor), which is defined as "intentionally [causing] bodily injury" to another person. Simple assault is not considered a felony and carries less severe penalties.
Degrees of Aggravated Assault:
Tennessee law recognizes two degrees of aggravated assault:
- First Degree Aggravated Assault: Intentionally or knowingly attempting to cause serious bodily harm to another person with a deadly weapon.
- Second Degree Aggravated Assault: Intentionally or knowingly attempting to cause serious bodily harm to another person without a deadly weapon.
Defenses against Aggravated Assault:
While the consequences of an aggravated assault conviction can be severe, there are defenses available:
- Self-Defense: If the individual was acting in defense of themselves or others.
- Defense of Property: If the individual was attempting to protect their property.
- Mistaken Identity: If the accused was mistakenly identified as the perpetrator.
- Absence of Intent: If the accused did not intentionally attempt to cause harm.
Conclusion:
Is aggravated assault a felony in Tennessee? The answer is a resounding Yes. With penalties of up to 15 years in prison and fines of up to $10,000, it is crucial to understand the severity of this crime and the available defenses. If you have been charged with aggravated assault, it is essential to consult with an experienced attorney to protect your rights and interests.
References:
- Tennessee Code Annotated §39-13-102
- State v. Brown, 864 S.W.2d 555 (Tenn. Crim. App. 1993)
