Can I Face Assault and Battery Charges for Defending Myself?

 Posted on March 27, 2025 in Assault

In Tennessee, you have the right to use force to defend yourself and others from an immediate threat. The prosecution is responsible for proving beyond a reasonable doubt that your actions were unjustifiable. If you are facing assault and battery charges because you acted with force in a situation where you felt unsafe or threatened, you need a Knox County, TN defense attorney to help protect your right to self-defense.

What Is Assault and Battery Under Tennessee Law?

Assault and battery were once separate charges, but Tennessee Code 39-13-101 effectively defines both as assault and includes three degrees:

• Third-degree assault: Intentionally or knowingly making someone fear potential bodily injury

• Second-degree assault: Intentionally, knowingly, or recklessly causing bodily harm

• First-degree assault: Intentionally or knowingly connecting with someone else’s body in a way that can reasonably be seen as aggressive or offensive

Bodily injury is a broad phrase that encompasses a vast range of possible injuries. For example, a minor slap is an assault, but more violent actions, such as strangulation or excessive beatings, also fall under this definition.

When Are People Allowed To Use Force To Defend Themselves?

Several laws govern your right to defend yourself from an attack or perceived attack in Tennessee. For example, self-defense is considered reasonable when you face an immediate threat of bodily harm and react with a level or force that is proportional to the threat.

You also have the right to use force to protect another person when they are in immediate danger, but, again, the force used must be reasonable and proportionate. Additionally, Tennesseeans are not required to retreat when attacked in a place where they have the legal right to be. This is known as the Stand Your Ground law.

Determining whether self-defense applies in your case requires a careful evaluation of the circumstances. Certain elements, such as provoking the attack or using excessive force, could still result in criminal charges.

What Are the Penalties for Assault and Battery?

In Tennessee, simple assault covers causing fear of bodily injury or touching someone offensively, which are class A and class B misdemeanors. The penalties can range from six months to 11 months, 29 days of incarceration and up to $2,500 in fines.

Aggravated assault covers causing or threatening bodily injury in a way that could reasonably be seen as aggressive or offensive. This may apply under any of the following circumstances:

• The other person suffers a serious injury.

• The other person passes away.

• You presented or used a deadly weapon during the act.

• You strangled or tried to strangle the other person.

Aggravated assault can result in up to 15 years in prison and a fine of as much as $10,000. Considering the severity of these penalties, you must work with a lawyer who can fight aggressively on your behalf and help you fight the charges.

Contact an Anderson County, TN Criminal Defense Attorney for a Free Consultation

No one should be treated like a criminal for protecting themselves from a person intending to cause them harm. Assault and battery charges are serious, and a conviction can have a significant negative impact on your life. Call 865-200-4117 to speak to an experienced Knoxville, TN assault and battery defense lawyer at The Baker Law Firm, and schedule your free consultation to learn more about your right to self-defense.