Oak Ridge, TN Aggravated Assault Lawyer

There are a variety of reasons why a person may be charged with assault. An argument or a shoving match could result in assault charges based on claims by one party that the other party intentionally injured someone, acted in a way that made someone believe that they would suffer an injury, or made physical contact that was provocative or offensive. While accusations of assault will often lead to misdemeanor charges, there are some situations where a person could be charged with a felony.

Aggravated assault charges can be serious, and the consequences of a conviction can affect a person's life in many ways. The penalties for accusations of domestic assault can also be serious, and a person may need to address claims that they engaged in abusive behavior toward a family member as they deal with restrictions that may affect their living situation and their ability to communicate with their loved ones. These cases will require effective legal representation to help ensure that a person can defend against a conviction and minimize the ways their life may be affected.

At The Baker Law Firm, our attorneys understand how much is at stake for people who have been accused of assault or domestic violence. We can provide guidance on the best ways to address these accusations, and we will fight to protect our clients' rights while avoiding serious, long-term penalties that may affect their lives, their freedom, and their families.

Aggravating Factors That May Lead to Felony Assault Charges

In most cases, aggravated assault is a Class C felony, carrying a potential sentence of three to fifteen years in prison and fines of up to $10,000. Reasons for aggravated assault charges may include:

Use of a Deadly Weapon

If a person is accused of using a weapon such as a gun, knife, or club to commit assault, they may be charged with a felony offense. These charges may apply even if a person did not injure someone with a weapon. Simply displaying a weapon may be enough to elevate charges from simple assault to aggravated assault.

Serious Injuries

When a person is accused of committing assault and inflicting a serious bodily injury on the alleged victim, they may be charged with aggravated assault. A serious injury that could lead to felony charges may including any form of harm in which a person experiences extreme pain, is unconscious for an extended period of time, suffers an impairment to an organ or body part, becomes disfigured, or is placed at risk of death. Qualifying injuries may include broken bones, severe lacerations resulting in scars, head injuries that cause someone to lose consciousness, or an injury that requires surgery.

Strangulation

An assault that allegedly involved strangulation or attempted strangulation may be classified as aggravated assault. Strangulation may include choking or anything else that prevents a person from breathing or cuts off the flow of blood through their neck. An offense may involve accusations that a person put someone in a chokehold, or blocked them from breathing through their nose or mouth.

Domestic Assault Charges in Tennessee

In cases involving allegations of domestic violence, a person may be arrested and charged with domestic assault. These charges may apply if assault was allegedly committed against a person's current or former spouse or romantic partner, any other adults or children who live in a person's home or lived with them in the past, or a family member who is related to a person genetically, through marriage, or through adoption.

Following a domestic assault arrest or in another situation where a person has been accused of domestic violence, the alleged victim may request an order of protection. A judge who believes that steps will need to be taken to protect against domestic abuse may issue an order of protection, and the order may place certain restrictions and requirements on a person who has been accused of domestic assault. They may be required to leave their home, avoid all contact with the alleged victim, and surrender any firearms they own or possess to law enforcement officials. Violating any of the terms of an order of protection can lead to additional charges along with any domestic assault charges.

In many cases, the penalties for domestic assault will be the same as those that apply for simple assault charges. A person accused of inflicting injuries or threatening a family member may be charged with a Class A misdemeanor. However, repeat offenses may result in more serious penalties. A second offense may lead to a jail sentence ranging from 30 days to one year and a fine as high as $3,500. A third offense may lead to Class E felony charges, with a mandatory minimum sentence of 90 days and a maximum fine of $5,000.

Frequently Asked Questions About Aggravated Assault and Domestic Assault