Assault Attorney in Franklin, TN

Being charged with Assault in Franklin, TN, or Nashville, TN, can lead to serious legal consequences if you are convicted as charged; such as jail time, heavy fines, and a permanent criminal record.

Whether you are facing Misdemeanor Simple Assault or Felony Aggravated Assault securing experienced legal representation is extremely important to be sure that you have a knowledgeable advocate on your side protecting you, your rights, and your future.

Attorney Ben Powers – one of Franklin’s top-rated defense attorneys with over 400 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.

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.

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 Misdemeanor Assault charges and Felony Aggravated Assault charges.

If you or a loved one has been arrested for Misdemeanor Assault or Felony Aggravated Assault, taking swift legal action is crucial so that we can prepare your defense and preserve important favorable evidence in furtherance of your defense as early as possible because early intervention can significantly impact the outcome of your case. Contact Legal Powers today to discuss your criminal charges and how our representation can help protect you.

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. And, depending on the alleged conduct involved in your Assault charge, the severity of the offense can range from a misdemeanor charge to a felony charge, with penalties that include jail time, probation, anger management classes, GPS monitors,  and long-term consequences that can impact you beyond the courthouse resulting from having a permanent conviction on your record.

What is Assault in Tennessee?

There are numerous definitions of what an “Assault” is under Tennessee law and the definition of Assault alleged to have been committed determines the seriousness of the charge. There are three primary definitions of Misdemeanor Assault in Tennessee:

1. Intentionally or knowingly causing someone else to reasonably fear imminent bodily injury (Assaults without Physical Contact);
2. Intentionally or knowingly having physical contact with another person that a reasonable person would regard as extremely offensive of provocative (Assault with Physical Contact but without Physical Injury); and
3. Intentionally, knowingly, or recklessly causing bodily injury to someone else (Assault with Physical Contact and with Physical injury).

Assault without Physical Contact: Threats or aggressive behavior without actually touching the other person are an 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.
• 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, Attorney Ben Powers was able to demonstrate that the threat alleged was made in the midst of an emotionally charged argument and that when the statement by his client was placed in the proper context it was clear that the alleged threat was little more than a statement of frustration with no intention of actually harming the victim. And that B.W. and the alleged victim had further 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 in Tennessee focuses not on an injury resulting because of the physical contact but rather the provocative and offensive nature of the physical contact. Some examples of this form of an Assault under this definition in Tennessee law are:

• Pushing someone in a threatening way (such as pushing someone during an argument).
• 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 “Assault”. Under Tennessee law, this is when someone has physical contact with another person and that contact causes physical injury. Some examples of this definition of Assault under Tennessee law are:

• 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.
• Kicking, slapping, or otherwise using any part of your body to cause injury to the other person.

Attorney Ben Powers 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, Attorney Ben Powers 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 that the Assault was alleged to have occurred in made it highly unlikely that an assault occurred or could have occurred as the victim claimed it did. Ultimately, W.T’s case went to a jury trial and in the end the jury found W.T. Not Guilty.

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.
• Strangulation or attempted strangulation.

These escalating factors transform an Assault charge from being a Misdemeanor Assault charge to a Felony Aggravated Assault charge, and the escalation of the charge comes with increased penalties if convicted.

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.

A Misdemeanor Assault charge typically involves threats of harm, offensive physical contact, or physical contact with minor injuries such as bruises, scratches, or fleeting pain (such as the temporary pain of being punched or slapped). Whereas, under Tennessee law, a Felony Aggravated Assault charge involves serious injury (such as a broken bone), the use of a deadly weapon (such as a gun, a knife, or even a stick or a frying pan or any other object that can be wielded as a weapon to do harm), or allegations of an assault that include claims that the aggressor either strangled or attempted to strangle the alleged victim, or if the alleged victim is a police officer, first responder, or nurse and the assault occurred during the performance of the police officer’s , first responder’s, or nurse’s duties.

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 carries; including the risk of much longer prison sentences and the permanent title of “convicted felon” on your record that can have everlasting limitations on employment opportunities, disqualify you from being eligible to serve in the military, bar entry into higher education institutions, prohibit you from being able to work in certain professions, and steals away certain constitutional rights such as the right to vote and the right to own or possess a firearm.

Misdemeanor Assault in Tennessee

Most Simple Assault charges are classified as either a Class A Misdemeanor or a Class B Misdemeanor under Tennessee law; Tennessee Code Annotated § 39-13-101. Criminal allegations of Assault under this section of Tennessee law do not require proof of serious bodily injury. Instead, Assault under this section of Tennessee law 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 under Tennessee law are:

• Shoving or pushing someone without causing serious injury.
• Slapping or hitting someone.
• Threatening someone.
• 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 immediate consequences beyond the courthouse such as causing you to lose your job, as well as, other long-term consequences, including difficulty securing future employment, housing, or professional licenses.

Felony Aggravated Assault in Tennessee

Felony Aggravated Assault is charged when the criminal allegation involves serious bodily injury, involves the use or display of a deadly weapon, involves allegations of strangulation or attempted strangulation, or involves an assault against a police officer, first responder, or nurse in the course of their duties. Under Tennessee law, Tennessee Code Annotated § 39-13-102, 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 under Tennessee law are:

• Using a firearm, knife, or other deadly weapon during an assault. It does not matter if the alleged victim actually suffered any injuries if a weapon is involved because, for purposes of Aggravated Assault under Tennessee law, all that is required is the use or display of a weapon.
• Assaulting a police officer, first responder, or nurse.
• Causing serious bodily injury (broken bones, internal injuries, or permanent disfigurement).
• 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.

Types of Assault Charges in Tennessee

Tennessee law recognizes multiple types of Assault charges, each version carrying different legal consequences, based on the severity of harm, intent, whether weapons are alleged to have been used in the assault, and numerous other factors. And, depending on the specific allegations of a criminal charge an assault may either be charged as Misdemeanor Assault or the more serious charge of Felony Aggravated Assault.

Understanding the specific charges and their distinctions is essential when facing criminal accusations so that weaknesses in criminal allegations can be attacked and your defense strategy can account for questionable or limited evidence presented by the prosecutor. Below are the primary classifications of assault in Tennessee:

Misdemeanor Assault (also known as Simple Assault) in Tennessee

Definition & Elements

Under Tennessee Code § 39-13-101, Simple Assault occurs when an individual:

1. Intentionally or recklessly causes bodily injury to another person.
2. Places another person in fear of imminent bodily harm.
3. Causes offensive or provocative physical contact with another person.

Common Examples of Simple Assault:

• Slapping or pushing someone.
• Verbal threats combined with hostile or aggressive physical behavior.
• Kicking someone in the groin.
• Minor scuffles or bar fights.

Penalties for Simple Assault in Tennessee:

• Class A Misdemeanor:
  • Up to 11 months and 29 days in jail.
  • Fines up to $2,500.
  • Possible probation or anger management programs.
• Class B Misdemeanor (Offensive Contact Only):
  • Up to 6 months in jail.
  • Fines up to $500.
  • Possible probation or anger management programs.

Depending on the part of the statute charged, Simple Assault does not require physical injury – even the threat of violence or offensive contact can lead to criminal charges.

Aggravated Assault in Tennessee

Definition & Elements

Aggravated assault, defined under Tennessee Code § 39-13-102, is a more serious offense that involves:

1. Serious bodily injury (such as broken bones, internal injuries, or disfigurement).
2. Use of a deadly weapon (firearm, knife, or blunt object).
3. Strangulation or attempted strangulation during an assault.
4. The victim of the assault is a police officer, first responder, or nurse and the assault occurred against the police officer, first responder, or nurse in the exercise of their professional duties.

Common Examples of Aggravated Assault:

• Using a weapon to threaten or to harm someone.
• Assaulting someone as defined by Simple Assault and the other person suffers serious bodily injury (such as broken bones).
• Strangulation or attempting to strangle someone.
• Causing permanent disfigurement.
• Assaulting a police officer, first responder, or nurse.

Penalties for Aggravated Assault in Tennessee depending on the version of Aggravated Assault alleged:

• Class C Felony (Serious Injury or Weapon Used):
  • 3 to 15 years in prison.
  • Fines up to $10,000.
• Class D Felony (Reckless Intent):
  • 2 to 12 years in prison.
  • Fines up to $5,000.

Because Aggravated Assault is a felony, a conviction results in a permanent criminal record, loss of firearm rights, and can cause difficulty obtaining employment.

Domestic Assault in Tennessee

Definition & Legal Distinctions

Domestic assault is any Simple Assault committed against another person that you have a domestic relationship with including:

• Spouses or former spouses.
• Current or former romantic partners.
• Relatives by blood or marriage.
• Roommates or cohabitants.

Domestic assault charges carry additional legal consequences, including:

• Firearm restrictions upon conviction.
• Enhanced penalties for repeat offenses.

Penalties for Domestic Assault in Tennessee:

• Misdemeanor Domestic Assault:
  • Up to 11 months and 29 days in jail.
  • Fines up to $2,500.
  • Loss of firearm rights upon conviction.
  • Probation and anger management classes.
• Felony Domestic Assault (Aggravated Circumstances):
  • 2 to 15 years in prison.
  • Fines up to $10,000.
  • Probation and anger management classes.
  • Permanent criminal record.

If convicted of Domestic Assault, the offender cannot have the charges expunged and may face long-term restrictions on gun ownership.

Legal Defenses for Assault Charges in Tennessee

Facing Assault charges does not automatically lead to a conviction. Assault charges often have various sides to the story, are emotionally charged by all parties involved, involve alcohol use or drug use that cloud the story, or have stories that are bigger than the isolated allegation surrounding the events that led up to the Assault. These various dynamics make Assault allegations complicated criminal charges. That’s why building an effective criminal defense requires a purposeful plan focused on each element of the charge as well as the stories surrounding the Assault allegation.

The prosecution must prove every element of the offense beyond a reasonable doubt. A skilled criminal defense attorney can challenge the allegations made by the alleged victim by exposing weaknesses and contradictions in witness statements, analyzing evidence collected by police officers, developing favorable evidence in support of the defense, developing the larger story surrounding the Assault allegation which may color the picture differently than the prosecution wants it to be, and arguing valid legal defenses based that may lead to dismissal of the charges, reduction of the charges, or other favorable outcomes with your best interests in mind.

Self-Defense

Self-defense is an effective legal defense against an assault charge when carefully planned and properly supported by evidence and witness testimony. Under Tennessee law, TCA §39-11-611, an individual has the right to use reasonable force to protect themselves if they reasonably believe they are in imminent danger of bodily harm.

As defined under Tennessee law, the Elements of a Successful Self-Defense Claim include:

• The defendant was not engaged in conduct that would constitute unlawful activity (for example, the altercation did not occur while engaged in an unlawful act such as a drug deal);
• The defendant was in a place where he or she was allowed to be (for example, the defendant was not trespassing at the time of the altercation);
• The defendant has a reasonable belief that there is an imminent danger of death, serious bodily injury, or grave sexual abuse;
• The danger creating the belief of imminent death, serious bodily injury, or grave sexual abuse was real, or honestly believed to be real at the time force was used by the defendant; and
• The defendant’s belief of imminent death, serious bodily injury, or grave sexual abuse was founded upon reasonable grounds under the circumstances.

Self-defense requires the defense to put forward evidence, testimony, or other proof to support a claim of self-defense against allegations of Assault.

Defense of Others or Property

The concepts and principles of self-defense also apply to the defense of others. Meaning, a person may assert that they were defending someone else when they used force in the same way that someone would assert a claim of self-defense.

In limited circumstances, a person can use force to defend property, but Tennessee law does not generally allow deadly force solely for property protection.

Lack of Intent

For an Assault charge to result in a conviction, the prosecution must also prove the intent of the person charged with Assault. If an act was accidental, or if the defendant had no intention of causing harm, this may serve as a valid defense or as a basis to challenge the prosecutor’s case.

Examples of Lack of Intent:

• Accidentally bumping into someone in a crowded space.
• A reflexive movement that led to unintentional contact.
• No credible evidence of an intentional threat against the alleged victim.

A lack of intent defense often hinges on witness testimony, surveillance footage, and other forms of evidence. That is why having an experienced criminal defense attorney on your side as early as possible is very important. An experienced criminal defense attorney knows how to preserve evidence favorable to the defense, acquire favorable evidence from businesses that have surveillance footage which may be helpful to developing a criminal defense, and may be able to locate additional witnesses that were never interviewed by police officers who may have a different account of the facts surrounding the Assault allegation.

False Allegations & Insufficient Evidence

False accusations are common in assault cases, especially in heated disputes, domestic altercations, or revenge-driven claims. However, developing the proof necessary to undercut the claims of Assault and show the ulterior motives, preserving counter evidence to the claims, or establishing an improper motive for the claims being made require an experienced criminal defense attorney who is familiar with representing Assault cases, building effective criminal defenses, and understands the complex rules of evidence and procedure that regulate the presentation of witness testimony and proof in court.  If the prosecution lacks sufficient evidence to prove guilt or if counter evidence can be developed to call into question the veracity of the claims being made or the credibility of testifying witnesses then the charges may be dismissed.

Strategies to Challenge False Allegations:

• Exposing inconsistencies in the accuser’s statements.
• Presenting alibi evidence to prove the defendant was elsewhere.
• Using witness testimony or surveillance footage to contradict the accuser’s claims.

Without credible and compelling evidence, the prosecution may struggle to meet the burden of proof, which can result in a case dismissal or acquittal.

Violation of Constitutional Rights

If law enforcement violated a defendant’s constitutional rights, evidence may be suppressed, weakening the prosecution’s case. Common constitutional violations include:

• Unlawful Arrest: Lack of probable cause to make the arrest.
• Failure to Read Miranda Rights: Statements made during interrogation may be inadmissible.
• Illegal Search and Seizure: Evidence obtained without a valid warrant or probable cause may be excluded from court proceedings.

If any of these violations occur, a motion to suppress evidence can be filed, potentially leading to dropped charges. To be successful in pursuing any constitutional violation claims you need to be sure you have an experienced criminal defense attorney representing you that is familiar with court procedure, understands the law, and knows how to present the proof necessary to establish that your rights have been violated such that evidence or statements collected in violation of your constitutional rights must be kept out of court.

Why Hiring an Attorney is Critical for Assault Charges

Being charged with assault in Franklin, TN, or Nashville, TN, can lead to serious legal consequences. Without proactive legal representation, you risk a permanent criminal record, jail time, and severe penalties. Legal Powers, PLLC’s criminal defense team takes an individualized approach to each client we represent. From the outset of our representation we strive to have a complete understanding not only of the allegations but also the larger story and dynamics of the relationships of the parties involved, we thoroughly scrutinize the allegations against our clients  for weaknesses in the prosecution’s evidence, and actively work to build a criminal defense plan for protecting our clients.

A skilled criminal defense attorney can protect your rights, challenge the prosecution’s case, and work to reduce or dismiss charges. Without legal representation, you risk facing serious penalties, even if the evidence against you is weak.

How an Attorney Can Help

A criminal defense lawyer does more than just represent you in court. An experienced attorney will:

• Analyze the prosecution’s evidence to identify weaknesses.
• Challenge unlawful arrests or procedural violations.
• Cross-examine witnesses to expose inconsistencies in testimony.
• Negotiate with prosecutors for reduced charges or dismissal.
• Develop strong defense strategies, such as self-defense or lack of intent.

If your case goes to trial, an attorney will fight to persuade the judge or jury of your innocence, challenge the evidence used against you, and develop additional proof that supports your side of the story.

What to Look for in a Criminal Defense Attorney

Not all defense attorneys have the experience or courtroom skills needed to handle Assault cases. When hiring a lawyer, consider the following:

• Experience handling Assault cases in Tennessee courts.
• Knowledge of Williamson & Davidson County legal procedures.
• Proven case results in defending against violent crime charges.
• Strong negotiation skills to explore controlled outcomes such as reductions or dismissals.
• Trial experience so that your properly protected and seize any opportunity to present compelling arguments, proof that undercuts the prosecutor’s case, and confront testimony or other evidence presented against you that lacks credibility.

At Legal Powers, PLLC, Ben Powers and Lody Powers have successfully defended clients in Franklin, Williamson County, and Nashville, Davidson County, earning over 400 positive client reviews and recognition as a top-rated criminal defense team.

Act Quickly—Early Legal Representation Can 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 your rights are protected.
• Develop proof on behalf of your defense through witnesses that were not interviewed by police or preserving 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.

Contact Legal Powers, PLLC Today

If you have been charged with Assault in Franklin, TN, or Nashville, TN, your future is on the line. A conviction can lead to jail time, fines, and a permanent criminal record, affecting your ability to work, own a firearm, or secure housing. The prosecution will aggressively pursue a conviction, making it critical to have an experienced attorney fighting for you.

At Legal Powers, PLLC, our criminal defense team has a proven track record of successfully defending clients against Assault charges. With over 400 positive reviews and recognition as a top-rated criminal defense attorneys in Franklin, our criminal defense team understands how to navigate Williamson and Davidson County courts to build strong criminal defense’s that protect you and your rights, and advocate for you and your future.

Take the First Step in Your Defense

The earlier you act, the more options you have. Early legal intervention can:

• Protect your rights from the moment of your arrest.
• Challenge weak or unlawfully obtained evidence.
• Negotiate for reduced charges or case dismissal.
• Prepare a strong defense for trial, if necessary.

Schedule a Consultation Today

Do not delay in building your criminal defense, contact Legal Powers, PLLC today to discuss your case and how our representation can defend you. Call (615) 762-8775 or fill out the online contact form to schedule a confidential consultation with our criminal defense team.

We’re located at 235 3rd Ave N, Franklin, TN 37064, one block from Franklin Public Square, and only 0.4 miles from Williamson County General Sessions Court.

With your freedom and future at stake, choosing the right defense attorney is the most important decision you can make. Don’t wait to get Legal Powers on your side and fighting for you.

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.