Franklin may be known for its historic downtown, growing business community, and family-oriented neighborhoods, but criminal charges can arise here just as quickly as in any larger city.
An argument outside a restaurant on Main Street, a dispute during a neighborhood gathering, or a confrontation after a late night in Cool Springs can suddenly lead to assault allegations carrying serious legal consequences.
In many situations, the people involved know each other personally, which often makes these cases more emotionally charged and more complicated than they first appear.
An arrest for assault does not automatically mean the situation is as straightforward as police reports suggest. Witness accounts may conflict, tensions may have escalated quickly, or investigators may have only heard one side of the story before making an arrest.
A Franklin assault defense lawyer at Legal Powers PLLC can carefully examine the allegations, challenge weak or incomplete evidence, and help you understand the legal options available as your case moves through the Williamson County court system.
Contact us online or call (615) 762-8775 today for a free, no-obligation consultation.
Understanding Assault Charges in Tennessee
In Tennessee, assault encompasses threats of harm as well as allegations of unlawful physical contact with another person.
Generally, an “assault” refers to threatening to cause injury as well as unlawful physical contact that is either offensive, harmful, or causes injury.
Depending on the alleged conduct involved in your assault charge, the severity of the offense can range from a misdemeanor to a felony charge, with penalties that include jail time, probation, anger management classes, GPS monitors, and long-term consequences that can impact you years beyond the courthouse.
What is Assault in Tennessee?
There are numerous definitions of what an assault is under Tennessee law.
The three primary definitions of misdemeanor assault include:
- Assault without physical contact. Intentionally or knowingly causing someone else to reasonably fear imminent bodily injury.
- Assault with physical contact but without physical injury. Intentionally or knowingly having physical contact with another person that a reasonable person would regard as extremely offensive or provocative.
- Assault with physical contact and with physical injury. Intentionally, knowingly, or recklessly causing bodily injury to someone else.
The definition used for the alleged assault determines the seriousness of the charge.
Assault without Physical Contact
Threats or aggressive behavior without actually touching the other person are considered assault under Tennessee law and can include situations such as:
- Threatening to hit someone while raising a fist,
- Attempting to strike another person but missing, and
- Intimidating someone with hostile threats of physical harm.
Attorney Ben Powers represented client B.W. in an assault case where the allegation was that his client committed an assault because the alleged victim claimed that B.W. threatened to beat the alleged victim up. However, Ben demonstrated that B.W. made the threat during an emotionally charged argument and that, in context, it was clear the alleged threat was little more than a statement of frustration, with no intention to harm the victim. Further, B.W. and the alleged victim had additional contact with each other after this emotionally charged statement without any incident occurring. Therefore, it was not reasonable for the alleged victim to fear imminent bodily harm. Relying on this argument, as well as proof that the defense team was able to develop because of early intervention, B.W.’s case was completely dismissed.
Assault with Physical Contact but without Physical Injury
This definition of assault focuses not on an injury resulting from the physical contact but rather the provocative and offensive nature of the physical contact.
Some examples of this form of assault under this definition can include pushing someone in a threatening way, such as pushing someone during an argument, or spitting in someone’s face.
Assault with Physical Contact and Physical Injury
This is the classic definition of assault that most people think of when they hear the term.
Under Tennessee law, this is when someone has physical contact with another person, and that contact causes physical injury.
Some examples include:
- Grabbing someone by their arm when they try to walk away from you, and in doing so, causes bruising or other injuries to the other person;
- Punching someone in the face or any other part of their body; and
- Kicking, slapping, or otherwise using any part of your body to cause injury to the other person.
Ben represented client W.T. in an assault case where the allegation was that his client attacked the alleged victim by striking the alleged victim multiple times with his fists. However, there were no noticeable injuries, no photographs of injuries, and no medical records of injuries to support the alleged victim’s claim. Additionally, Ben was able to show that the alleged victim had malicious motives to make up allegations against his client and that the layout of the apartment in which the alleged assault occurred made it highly unlikely that an assault occurred or could have occurred as the victim claimed it did. W.T. ’s case went to a jury trial, and in the end, the jury found W.T. not guilty.
Felony Aggravated Assault
In Tennessee, an assault charge can escalate into a felony aggravated assault charge based on certain aggravating factors, such as:
- Use or display of a weapon;
- Causing serious bodily injury, with or without a weapon;
- Assaulting a police officer, first responder, or nurse; and
- Strangulation or attempted strangulation.
These factors can elevate an assault charge from a misdemeanor assault to a felony aggravated assault, with the higher charge carrying increased penalties if convicted.
What Is the Difference Between Misdemeanor Assault vs. Felony Aggravated Assault in Tennessee?
Assault charges in Tennessee can be classified as either misdemeanor assault or felony aggravated assault, depending on numerous factual circumstances involved in the case, the severity of the conduct alleged, and whether specific aggravating factors are alleged to be involved in the criminal charge.
The differences and the distinctions between misdemeanor assault and felony aggravated assault are extremely important to recognize and appreciate because, under Tennessee law, a felony aggravated assault conviction carries significantly harsher penalties than a misdemeanor assault conviction. The more serious offenses also include the risk of much longer prison sentences and the permanent title of “convicted felon” on your record.
Having the title of “convicted felon” can have lasting impacts on your life beyond legal consequences. These impacts include limitations on employment opportunities, disqualification from being eligible to serve in the military, barred entry into higher education institutions, prohibition from being able to work in certain professions, and the stripping of certain constitutional rights, such as the right to vote and the right to own or possess a firearm.
Misdemeanor Assault in Tennessee
Tennessee law classifies most simple assault charges as either a Class A misdemeanor or a Class B misdemeanor. Criminal allegations of assault under this section of Tennessee law do not require proof of serious bodily injury. Instead, simple assault tends to involve allegations of threats of imminent physical harm, offensive contact, or unlawful physical contact that results in physical injuries.
Common examples of misdemeanor assault include:
- Shoving or pushing someone without causing serious injury,
- Slapping or hitting someone,
- Threatening someone, or
- Attempting to punch someone but missing.
Even though misdemeanor charges are less severe than felony charges, they are still serious criminal charges that carry negative consequences if convicted. The consequences of a misdemeanor assault conviction can have an immediate impact beyond the courthouse, such as causing you to lose your job, as well as other long-term consequences, that include difficulty securing future employment, housing, or professional licenses.
Felony Aggravated Assault in Tennessee
The State charges felony aggravated assault when the criminal allegation involves serious bodily injury, the use or display of a deadly weapon, allegations of strangulation or attempted strangulation, or an assault against a police officer, first responder, or nurse in the course of their duties.
Under Tennessee law, felony aggravated assault can vary as to the class of the felony charged, but generally, an aggravated assault is classified as a Class C felony. However, felony aggravated assault may also be charged as a Class E felony, a Class D felony, or a more serious Class B felony, depending on extenuating circumstances involved in the allegations.
Common examples of felony aggravated assault in Tennessee can include:
- Using a firearm, knife, or other deadly weapon during an assault, regardless of whether the alleged victim suffered any injuries;
- Assaulting a police officer, first responder, or nurse;
- Causing serious bodily injury, such as broken bones, internal injuries, or permanent disfigurement; or
- Strangling or attempting to strangle someone in an altercation.
Felony aggravated assault convictions risk lengthy prison sentences and the permanent title of being a convicted felon, making it essential to fight these charges with an experienced defense attorney and to be proactive in building your defense.
What Are Potential Penalties for Assault Charges in Tennessee?
The penalties for assault charges in Tennessee depend on the type of allegation, the severity of the injuries involved, whether there was an alleged use of a weapon, and the relationship between the individuals involved.
Simple assault charges are generally prosecuted as misdemeanors and may carry:
- Up to 11 months and 29 days in jail,
- Financial penalties,
- Probation, or
- Court-ordered classes or treatment programs.
Aggravated assault charges are felony offenses and may involve:
- Multi-year prison sentences,
- Significant fines,
- Loss of firearm rights, and
- Long-term effects on employment and professional licensing.
Domestic assault allegations may also create additional consequences resulting in:
- Protective orders,
- Restrictions on firearm possession, and
- Permanent criminal record concerns.
Because the potential consequences vary substantially depending on the allegations, working with an experienced Franklin assault defense attorney early in the case can be important when evaluating defense strategy and possible outcomes.
What Are Common Defenses Against Assault Charges?
Several legal defenses may apply in Tennessee assault cases, depending on the facts surrounding the allegations. Building an effective strategy often requires reviewing witness statements, police reports, surveillance footage, and the broader circumstances leading to the incident.
Potential defenses may include:
- Self-defense,
- Defense of another person,
- Lack of intent,
- False allegations,
- Insufficient evidence, or
- Violations of constitutional rights.
The effectiveness of any defense depends heavily on the specific facts of the case, the available evidence, and how law enforcement conducted the investigation. Assault allegations are often emotionally charged and may involve conflicting witness accounts or incomplete information. A skilled defense strategy focuses on identifying weaknesses in the prosecution’s case while developing evidence and arguments that support the defendant’s position.
Why Does Legal Representation Matter in Assault Cases?
Assault charges in Franklin can carry serious consequences, including jail exposure, financial penalties, and a permanent criminal record. These cases are often more complicated than they initially appear because witness accounts may conflict, emotions may run high, and investigators may only hear one version of events before making an arrest.
An assault defense lawyer in Franklin can evaluate weaknesses in the prosecution’s evidence, challenge improper police procedures, negotiate with prosecutors, and develop defense strategies tailored to the facts of the case. Effective representation may involve reviewing surveillance footage, cross-examining witnesses, identifying inconsistencies in statements, and presenting evidence in support of the defendant’s case.
When choosing legal representation, it is important to look for a lawyer with experience handling assault cases in Tennessee courts, familiarity with the procedures of Williamson and Davidson counties, and the ability to negotiate effectively and defend clients at trial when necessary. At Legal Powers PLLC, Ben and Lody Powers represent clients throughout Williamson and Davidson County, including the Franklin and Nashville areas, in a wide range of criminal defense matters.
How Can Acting Quickly with Early Legal Representation Impact Your Case?
The earlier you hire an attorney, the stronger your defense will be.
Taking immediate legal action can:
- Prevent wrongful convictions by challenging weak evidence,
- Reduce potential penalties before the case progresses,
- Ensure protection of your rights,
- Develop proof for your defense through witnesses not previously interviewed by police, and
- Preserve important evidence that supports your defense.
If you have been arrested for assault, waiting to hire an attorney can diminish your ability to mount a compelling defense capable of fighting the allegations. Contact Legal Powers today to discuss your criminal charges and how hiring our criminal defense team can defend you.
Protect Your Future with Legal Powers PLLC
An assault charge can place your freedom, reputation, career, and future opportunities at risk.
Even before a case reaches trial, allegations alone may affect employment, housing, firearm rights, and personal relationships.
Prosecutors in Williamson and Davidson County aggressively pursue violent crime allegations, making it important to begin building your defense as early as possible.
Legal Powers PLLC represents individuals facing assault charges throughout Williamson and Davidson County.
Ben and Lody Powers have earned recognition as top-rated criminal defense attorneys, receiving nearly 500 positive client reviews for their work defending clients in complex criminal cases.
Our team takes an individualized approach to every case by carefully reviewing the allegations, examining weaknesses in the prosecution’s evidence, and developing defense strategies designed to protect our clients and their futures.
Our Franklin assault defense law firm is located at 235 3rd Ave N, Franklin, TN 37064, just one block from Franklin Public Square and approximately 0.4 miles from Williamson County General Sessions Court.
To discuss your case with an experienced criminal defense attorney and to schedule a free, confidential consultation, call (615) 762-8775 or complete the online contact form today.
The information in this website is not legal advice. Visiting our website does not constitute an attorney-client relationship. The information provided herein above is intended to be used for informational purposes only.
Meet Our Team at Legal Powers PLLC
Our criminal defense team brings our diverse backgrounds, records of success, and insights to every client we represent to provide aggressive defense strategies for individuals facing assault charges in Tennessee.
Ben Powers
Attorney Ben Powers – one of Franklin’s top-rated defense attorneys with over 480 positive client reviews due to his personable approach and strategic advocacy for his client’s that entrust him with their representation needs.
Recognized as a top attorney by Expertise.com, Ben has successfully defended clients throughout Middle Tennessee in Williamson County and Davidson County courts.
Ben’s representation is defined by the hard-fought positive outcomes he has achieved for his clients which include dismissal of charges and reduction of charges.
Lody Powers
Attorney Lody Powers – a former prosecutor with over a decade of experience handling crimes of violence – including domestic assault cases, misdemeanor assault cases, and felony aggravated assault cases – on behalf of the Davidson County, Tennessee, District Attorney’s Office.
Lody’s past experience as a violent crimes prosecutor equips every client she represents with unique insight and vision that other criminal defense attorneys simply do not possess.
As a former prosecutor, she knows how prosecutors prepare their witnesses, strategize their prosecution plan, and evaluate their cases because of her own first-hand experience doing those exact things on behalf of the prosecutor’s office.
And she uses this knowledge to fortify her defensive strategies, to scrutinize evidence, and in her confrontation of witnesses.