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A person can face assault charges in a number of circumstances

It is not unusual for people in Tennessee to fight about something. Oftentimes these fights are mere arguments that are ultimately resolved without further incident. However, sometimes a fight escalates to the point where it becomes physical. When this happens, a person may face assault charges.

Under Tennessee Code section 39-13-101, assault takes place under a number of circumstances. First, a person commits assault if they intentionally, knowingly or recklessly do something that injures someone else. However, even if no injury occurs, it could still be possible to be charged with assault. This is because assault also includes situations in which a person intentionally or knowingly leads someone to reasonably fear that they will imminently be injured. Also, not all instances of assault involve injuries. This is because a person will have committed assault if he or she intentionally or knowingly lead someone else to be physically touched, and a reasonable individual would have found the touch to be provocative or extremely offensive.

Someone accused of committing assault may be charged with a Class A misdemeanor. However, if the allegations of assault fall under the third category above, the accused will be charged with a Class B misdemeanor. If the alleged victim of the assault is a health care provider or police officer and the alleged victim is acting within the scope of their duties, then the accused will also face a fine of up to $5,000. Incidents of domestic violence will also result in a fine.

A future post will discuss what raises the crime of assault to the crime of aggravated assault. However, anyone accused of assault or any other violent crime will want to seek the assistance they need to develop a compelling defense in their favor.

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Mathis, Bates & Klinghard PLLC
412 Franklin Street
Clarksville, TN 37040

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