Will I Be Charged with Misdemeanor or Felony Assault?

It is never a good thing to be accused of committing an act of assault by another person. It is worse when this person presses charges and takes it to the Tennessee legal system, as the court will take this quite seriously. That is, they may first dissect the circumstances surrounding your alleged criminal act. And then, if they believe you to be guilty of such, they may precisely define it as a misdemeanor or felony assault and punish you accordingly. With that being said, please follow along to find out whether you will be charged with misdemeanor or felony assault and how one of the proficient Clarksville assault lawyers at Fendley and Birch can help you evade being sentenced with either.

How do I know if I will be charged with misdemeanor or felony assault?

You must understand that Tennessee law distinctly defines misdemeanor and felony assault. For the former, this may be classified as intentionally or recklessly causing bodily injury to another person, causing another person to fear imminent injury, or knowingly touching another person offensively or provocatively.

Then, the latter generally involves intentional or reckless actions that cause serious bodily injury or death to another person, all while using a deadly weapon during the act.

Nonetheless, you may understand more clearly if you are charged with misdemeanor or felony assault if your situation closely relates to any of the following examples:

• You may be charged with misdemeanor assault if:
  • You may get into an altercation with another person in a public setting that ends in a physical fight (i.e., shoving, punching, etc).
  • You may drive under the influence of drugs or alcohol and cause other drivers on the road to fear that they are in danger of an accident.
• You may be charged with felony assault if:
  • You may point or display a firearm at another person, ultimately use it, and cause a gunshot wound or other critical bodily injury.
  • You may intentionally cause injury to a law enforcement officer or protected victim (i.e., elderly person, minor child, emergency medical technician, etc).

What are the varying penalties for misdemeanor and felony assault?

In short, assault may be a Class A or B misdemeanor or a Class C, D, or E felony. The attributable penalties for each are as follows:

• Penalties for misdemeanor assault:
  • Class A offense: Jail for up to 11 months and 29 days, a $2,500 fine, and probation.
  • Class B offense: Jail for up to six months, a $500 fine, and probation.
• Penalties for felony assault:
  • Class C offense: Prison for three to five years and a $10,000 fine.
  • Class D offense: Prison for two to 12 years and a $5,000 fine.
  • Class E offense: Prison for one to six years and a $3,000 fine.

If you are ready to fight for what is right, please retain the services of one of the talented Montgomery County criminal defense lawyers. Our team at Fendley and Birch awaits your phone call.