What is Aggravated Assault in Tennessee?
In the state of Tennessee, aggravated assault is a serious criminal offense that carries severe penalties. If you are facing charges of aggravated assault, it is essential to understand the legal definition and consequences to protect your rights.
Definition of Aggravated Assault in Tennessee
Tennessee Code Annotated (TCA) 39-13-102 defines aggravated assault as:
"…an attempt to commit a felony upon another with intent to commit a felony, or to commit a violent injury to another, or to commit an assault with a deadly weapon or with intent to inflict serious bodily injury."
In simpler terms, aggravated assault occurs when someone attempts to commit a felony, intentionally causes serious bodily harm to another person, or uses a deadly weapon to threaten or harm another person.
Elements of Aggravated Assault
To prove aggravated assault, the prosecution must establish the following elements:
• Intent to commit a felony: The accused must have intended to commit a felony, such as robbery, burglary, or kidnapping.
• Intent to commit a violent injury: The accused must have intended to cause serious bodily harm to the victim.
• Use of a deadly weapon: The accused must have used or threatened to use a weapon that is capable of causing serious bodily harm or death.
• Serious bodily injury: The victim must have suffered serious bodily harm, which is defined as an injury that creates a substantial risk of death or causes serious permanent disfigurement or loss of function.
Types of Aggravated Assault in Tennessee
There are several types of aggravated assault in Tennessee, including:
• Aggravated Assault with a Deadly Weapon: This occurs when the accused uses a deadly weapon, such as a gun, knife, or club, to threaten or harm another person.
• Aggravated Assault with Intent to Commit a Felony: This occurs when the accused attempts to commit a felony, such as robbery or burglary, and in the process, causes serious bodily harm to another person.
• Aggravated Assault with Intent to Inflict Serious Bodily Injury: This occurs when the accused intentionally causes serious bodily harm to another person with the intent to inflict serious injury.
Consequences of Aggravated Assault in Tennessee
Aggravated assault is a serious crime in Tennessee, and the consequences can be severe. If convicted, you may face:
• Fines: Up to $5,000 or more
• Imprisonment: 3-15 years or more
• Restitution: Payment to the victim for medical expenses, lost wages, and other related costs
• Loss of Civil Rights: You may lose your right to vote, own a firearm, or hold certain public offices
Penalties for Aggravated Assault in Tennessee
The penalties for aggravated assault in Tennessee vary depending on the specific circumstances of the crime. Here is a summary of the penalties:
| Type of Aggravated Assault | Penalty |
|---|---|
| Aggravated Assault with a Deadly Weapon | 3-15 years imprisonment, up to $5,000 fine |
| Aggravated Assault with Intent to Commit a Felony | 3-15 years imprisonment, up to $5,000 fine |
| Aggravated Assault with Intent to Inflict Serious Bodily Injury | 3-15 years imprisonment, up to $5,000 fine |
Defenses to Aggravated Assault in Tennessee
If you are facing charges of aggravated assault in Tennessee, there are several defenses you can use to reduce the charges or avoid conviction. These include:
• Self-Defense: You may have acted in self-defense to protect yourself or others from harm.
• Mistaken Identity: You may have been mistaken for someone else, and the alleged victim’s identification of you was incorrect.
• Lack of Intent: You may not have intended to cause serious bodily harm or commit a felony.
• Insufficient Evidence: The prosecution may not have enough evidence to prove the charges beyond a reasonable doubt.
Conclusion
Aggravated assault is a serious crime in Tennessee that carries severe penalties. If you are facing charges of aggravated assault, it is essential to understand the legal definition and consequences to protect your rights. It is also crucial to consult with an experienced criminal defense attorney who can help you build a strong defense and reduce the charges or avoid conviction.
