top of page
  • William Cain Law

Is Assault Always Physical?



woman looking worried in a parking garage

In Tennessee, assault is defined under Tennessee Code Annotated § 39-13-101. According to the statute, assault occurs when a person:


1. Intentionally, knowingly, or recklessly causes bodily injury to another person; or

2. Intentionally or knowingly causes another person to reasonably fear imminent bodily injury.


Under Tennessee law, assault can occur even if physical contact does not occur. The mere act of causing another person to fear imminent bodily injury can constitute assault.


 

In Tennessee, assault can be categorized into different degrees based on the severity of the offense and other aggravating factors. The main degrees of assault recognized under Tennessee law include:

1. Simple Assault (Misdemeanor): Simple assault occurs when a person intentionally, knowingly, or recklessly causes bodily injury to another person or intentionally or knowingly causes another person to reasonably fear imminent bodily injury. Simple assault is typically charged as a misdemeanor offense.

2. Aggravated Assault (Felony): Aggravated assault is a more serious offense that involves causing serious bodily injury to another person, using or displaying a deadly weapon during the assault, or attempting to strangle or suffocate the victim. Aggravated assault is typically charged as a felony offense in Tennessee.

3. Domestic Assault (Misdemeanor or Felony): Domestic assault refers to assault committed against a current or former spouse, a person with whom the defendant has or had a dating relationship, a person with whom the defendant has a child, a family or household member, or any person who resides or has resided in the same household as the defendant. Domestic assault can be charged as either a misdemeanor or a felony, depending on the specific circumstances of the offense.

4. Assault on a Law Enforcement Officer (Felony): Assault on a law enforcement officer occurs when a person intentionally or knowingly causes bodily injury to a law enforcement officer while the officer is performing their official duties. This offense is typically charged as a felony in Tennessee and can carry more severe penalties.

These are the main degrees of assault recognized under Tennessee law, but there may be other specific categories or enhancements depending on the circumstances of the offense. If you are facing assault charges in Tennessee, it's crucial to seek legal advice from a qualified criminal defense attorney who can explain the charges against you and help you understand your rights and options.


If you're facing assault charges in Tennessee, it's crucial to consult with a qualified criminal defense attorney who can provide you with personalized legal advice and representation tailored to your specific circumstances.


Click below to request a free consultation with William Cain.




Recent Posts

See All

Comentarios


Los comentarios se han desactivado.
Post: Blog2_Post
bottom of page