How to beat aggravated assault charge in Tennessee?

How to Beat Aggravated Assault Charge in Tennessee?

In Tennessee, aggravated assault is a serious criminal offense that carries severe penalties, including imprisonment. If you or a loved one has been charged with aggravated assault, it is essential to understand the legal process and potential defenses to achieve a favorable outcome. In this article, we will explore the ways to beat an aggravated assault charge in Tennessee.

Understanding Aggravated Assault in Tennessee

Aggravated assault is a felony offense in Tennessee, punishable by 3 to 15 years in prison. According to Tennessee Code Annotated § 39-13-102, aggravated assault occurs when a person:

• Intentionally or knowingly causes serious bodily injury to another person;
• Intentionally or knowingly causes physical harm to another person using a deadly weapon or by means likely to cause serious bodily harm;
• Intentionally or knowingly discharges a firearm and strikes another person;

Common Defenses to Aggravated Assault Charges

While the prosecution may present strong evidence, there are several defenses that can be used to beat an aggravated assault charge in Tennessee. Some of the most common defenses include:

• Self-Defense: If the defendant was acting in self-defense, they may not be guilty of aggravated assault. The defendant must have reasonably believed that they were in imminent danger of serious bodily harm or death.
• Accident or Mistake: If the defendant did not intend to cause harm and the assault was an accident or a mistake, they may not be guilty of aggravated assault.
• Lack of Intent: If the defendant did not intend to cause serious bodily injury or physical harm, they may not be guilty of aggravated assault.
• Insufficient Evidence: If the prosecution’s evidence is insufficient or unreliable, the defendant may be able to challenge the charges and have them dismissed.

Gathering Evidence and Building a Strong Defense

To build a strong defense against an aggravated assault charge, it is essential to gather evidence and build a case. Some of the key pieces of evidence that can be used to defend against an aggravated assault charge include:

• Witness Statements: Witness statements can be used to corroborate the defendant’s account of the events and to challenge the prosecution’s version of the events.
• Physical Evidence: Physical evidence, such as security footage or DNA evidence, can be used to support the defendant’s defense and to challenge the prosecution’s evidence.
• Expert Testimony: Expert testimony, such as from a forensic expert or a medical expert, can be used to challenge the prosecution’s evidence and to support the defendant’s defense.
• Police Reports: Police reports can be used to challenge the prosecution’s version of the events and to build a case for the defendant.

Tennessee Statute of Limitations for Aggravated Assault

In Tennessee, the statute of limitations for aggravated assault is 1 year. This means that the prosecution must file charges within 1 year of the alleged offense or the charges will be barred.

Tennessee Aggravated Assault Sentencing Guidelines

In Tennessee, the sentencing guidelines for aggravated assault are as follows:

Conclusion

Beating an aggravated assault charge in Tennessee requires a thorough understanding of the legal process and potential defenses. By gathering evidence, building a strong defense, and challenging the prosecution’s evidence, it is possible to achieve a favorable outcome. If you or a loved one has been charged with aggravated assault, it is essential to consult with an experienced criminal defense attorney who can guide you through the legal process and help you achieve the best possible outcome.

Table: Tennessee Aggravated Assault Sentencing Guidelines

Bullets List: Common Defenses to Aggravated Assault Charges

• Self-Defense
• Accident or Mistake
• Lack of Intent
• Insufficient Evidence