Why Might My Charge Be Upgraded to Aggravated Assault?

There is a difference between how simple assault and aggravated assault are defined and subsequently penalized in the state of Tennessee. In any event, being charged with either serious offense is rather unideal. That said, please read on to discover why your charge might be upgraded to an aggravated assault and how one of the seasoned Clarksville assault lawyers at Fendley and Birch can work to minimize your criminal punishments in any and every capacity.

What is the definition of simple assault per Tennessee’s criminal code?

The Tennessee criminal court will likely find you guilty of simple assault if, after evaluating the extenuating circumstances surrounding your case, they find the following to be true:

• You intentionally, knowingly, or recklessly caused bodily injury to another person; or,
• You gave another person reason to believe that they should fear imminent bodily injury; or,
• You made physical contact with another person and they reasonably considered it extremely provocative or offensive.

With these factors in mind, the court will likely categorize your simple assault as a Class A misdemeanor. This means that you may face a jail sentence of up to 11 months and 29 days, a fine of up to $2,500, a permanent criminal record, and other weighty criminal punishments.

Under what circumstances might my charge be upgraded to aggravated assault?

It is rather easy for the Tennessee criminal court to review the facts of your case and find reasons to upgrade your charge to aggravated assault. Simply put, aggravated assault may entail more severe actions than simple assault, such as the following:

• You intentionally, knowingly, or recklessly caused serious bodily injury to another person, or even death.
• You may use or display a deathly weapon to another person while committing the act of assault.
• You may use or attempt to use strangulation on another person while committing the act of assault.
• You may intentionally or knowingly fail or refuse to protect a child from an aggravated assault or child abuse.
• You may commit an act of assault after receiving a restraining order from another person.
• You may commit an act of simple assault against a protected person (i.e., law enforcement officer, healthcare provider, etc).

In the context of simple assault versus aggravated assault, you must understand the difference between bodily injury and serious bodily injury. Simply put, bodily injury may refer to physical harm like cuts, bruises, and other minor injuries. This is while serious bodily injury often means physical harm that likely leads to significant loss of function in a bodily member, permanent disfigurement, or death.

Ultimately, the court may charge your aggravated assault as either a Class D or C felony. So, your criminal punishments may range between two to 15 years in prison, $5,000 to $10,000 in fines, and more.

Speaking with a lawyer is never a bad idea, even if you are still unsure whether you require legal representation. At the very least, they may serve as a shoulder to lean on or a listening ear. So when in doubt, please schedule an initial consultation with one of the competent Montgomery County criminal defense lawyers from Fendley and Birch today.