Knoxville Assault & Battery Lawyers

What is Considered Assault & Battery in Tennessee?

In the State of Tennessee Assault is categorized into 3 degrees:

• 3rd Degree - Intentionally or knowingly making someone reasonably afraid of being bodily injured
• 2nd Degree - Intentionally, knowingly or recklessly causing bodily injury to a person
• 1st Degree - Intentionally or knowingly making physical contact that can reasonably be seen as extremely offensive or provocative

Facing Assault & Battery Charges?
Contact us today at (865) 544-2010 to discuss your case with a skilled Knoxville attorney.

What are the Penalties for Assault & Battery in Tennessee?

Assault is typically a class A misdemeanor that comes with a penalty of up to 1 year in jail and/or $2.5k in fines. Assault may also be accompanied by a battery charge when someone makes physical contact with the intent to cause harm which would come with increased penalties.

At Eldridge and Cravens, PC in Knoxville, our assault and battery attorneys have represented people facing both misdemeanor and felony charges. We can defend you from the strict penalties that often accompany this charge.

What is Aggravated Assault?

Aggravated assault is a serious felony and is the more severe version of an assault charge. Assault is usually upgraded to aggravated assault when serious bodily injury/death occurs, when a deadly weapon is used/displayed, or if a victim is strangled.

Is Aggravated Assault A Felony?

Aggravated assault is typically considered a felony in most jurisdictions. Aggravated assault is a more severe form of assault than simple assault and often involves specific factors that increase the seriousness of the offense.

Felony classifications and penalties for aggravated assault can differ from one jurisdiction to another, so it's essential to understand the specific criminal laws in your area to understand the exact consequences associated with aggravated assault.

In general, felonies often carry more severe penalties than misdemeanors, which can include imprisonment, fines, probation, and a permanent criminal record.

Self-Defense and Defense of Others in Tennessee

In Tennessee, individuals are allowed to use force if they are defending themselves or others from immediate harm. This defense can impact assault and battery charges, as it may justify actions that would otherwise be considered criminal. Here’s what you should know:

• Self-Defense: If you are facing an immediate threat, you are allowed to use reasonable force to protect yourself. This means the force must be proportional to the threat.
• Defense of Others: The law also permits you to use force to protect someone else who is in immediate danger. The same rule applies: the force used must be reasonable and necessary.
• Stand Your Ground Law: Tennessee follows a “Stand Your Ground” law, which means you do not have to retreat if you are attacked in a place where you have a right to be. You are allowed to defend yourself without trying to escape the situation.
• Limitations: Self-defense is not a free pass. If the force used is excessive, or if you provoke the attack, you could still face criminal charges. A skilled attorney can help determine if self-defense applies in your case.

Difference Between Assault and Battery

In Tennessee law, assault and battery are distinct offenses, but they are often linked together in cases. Here’s how they differ:

• Assault: This occurs when you intentionally cause another person to fear immediate bodily harm. It doesn’t require physical contact. There are three degrees of assault in Tennessee:
  • 3rd Degree: Causing fear of injury.
  • 2nd Degree: Causing bodily injury intentionally or recklessly.
  • 1st Degree: Making offensive contact that can be seen as extremely provocative.
• Battery: Battery is when you physically harm someone by touching them with the intent to injure. It always involves physical contact, unlike assault, which may not.

Domestic Assault

Domestic assault refers to assault or battery that occurs between people in a domestic relationship, like spouses or family members. In Tennessee, this offense carries unique features:

• Enhanced Penalties: Domestic assault charges often lead to stricter penalties, including longer jail sentences and higher fines.
• Specific Definitions: Tennessee law specifically defines domestic assault as an assault that occurs between individuals who are related, have lived together, or share a child.