Knoxville, Tennessee Battery Defense Attorney

Aggressive Violent Crimes Defense Lawyer in Knoxville, TN

Assault and battery used to be two separate offenses. Prior to 2020, assault meant causing someone to reasonably think that you were about to cause them physical harm. For example, charging someone with a raised fist while yelling, "I am going to beat you up!" would have been an assault if you never actually hit them, or an assault and battery if you did actually hit them. Now, there is no legal difference between the crimes of assault and battery. The term "assault" is used to refer to both threatening imminent physical harm and causing actual physical harm. However, there are different degrees of assault charges. This offense can be charged as a felony or a misdemeanor depending on the circumstances.

If you have been accused of assault or battery, a conviction could jeopardize your freedom and have a lasting impact on every aspect of your life. Being labeled a violent offender can cause serious problems for you when it comes to your career, the type of housing you can get, and your personal life. Regardless of what your side of the story is, others may assume that you are dangerous and deny you opportunities. The Baker Law Firm can help by presenting the strongest possible defense on your behalf.

Simple Assault Explained

Misdemeanor assault now encompasses what used to be the offense of simple battery. Assault can mean either:

• Causing bodily injury to another intentionally, knowingly, or recklessly; or
• Causing someone to believe that you are imminently going to cause him or her bodily injury intentionally, knowingly, or recklessly.

So, you would be charged with the same offense at the same level whether you actually made physical contact with the victim or just acted in a way that made the victim think you were going to. So, if you held up a coffee cup and pulled your arm back as if you were about to throw it at the victim, or if you actually did throw the cup at the victim and hit him, you could be charged with simple assault.

Reckless Aggravated Assault

This offense is charged when the defendant, through conduct reflecting serious disregard for the safety of others:

• Seriously injures or kills someone without intending to;
• Inadvertently discharges a gun or harms someone using a deadly weapon; or
• Prevents someone from breathing.

An aggravated assault that is considered reckless, rather than purposeful, is a slightly less serious charge. People who are ultimately convicted of aggravated assault through reckless conduct may have been initially accused of intentional aggravated assault, but they may be able to show that they did not intend to cause harm.

Intentional Aggravated Assault

Intentional aggravated assault is charged when the defendant:

• Intentionally causes serious bodily harm to someone;
• Prevents someone from breathing by strangulation or by covering the nose and mouth;
• Threatens someone with a deadly weapon; or
• Actually uses a deadly weapon against someone.

Other Aggravated Assault Charges

If the victim held an order of protection against you at the time, you can also be charged with aggravated assault if you assaulted or even attempted to assault them. For example, if your girlfriend has a restraining order against you, and you so much as lunge as if to push her, you could be charged with aggravated assault.

Parents or guardians of minor children and custodians of disabled adults may be charged with aggravated assault if they intentionally refuse or fail to protect the child or disabled adult in their care from experiencing aggravated assault or child abuse. This charge may apply when a parent allows their significant other to abuse their child and does nothing to prevent the abuse.

Contact a Knoxville, Tennessee Assault and Battery Lawyer

The Baker Law Firm is committed to providing the best criminal defense services possible to those who have been accused of assault, battery, or other violent crimes. If you are facing charges of assault and battery, contact us at 865-200-4117 for a complimentary consultation.