What is Aggravated Assault?
In Tennessee, an aggravated assault is committed when a person commits an act that
- Results in serious bodily injury to another;
- Results in the death of another;
- Uses or displays a deadly weapon; or
- Intends to cause bodily injury to another by strangulation or bodily injury by strangulation was attempted
Again, just like simple assault, actually touching a person is not required to be charged with aggravated assault; if you were cut off in the parking lot and got out of your car waving a handgun around - even if you have no intention of firing the weapon - you can be charged with aggravated assault.
Penalties for Aggravated Assault in Tennessee
Aggravated assault is a FELONY in Tennessee, punishable by 2-15 years in prison.
- if the assault involved "intentional or knowing acts," it is a Class C felony.
- if the assault involved a "reckless" act, it is a Class D felony.
There is another category of aggravated assault that involves "failing to protect a child or protected adult from an aggravated assault or child abuse," and that is a Class C felony.
What are the Sentences for Aggravated Assault?
A Class C felony is punishable by 3-15 years in prison, and a fine up $10,000.
A Class D felony is punishable by 2-12 years in prison, and a fine up to $5,000.
Can a Conviction for Aggravated Assault be Expunged?
No. In Tennessee, if you are convicted of aggravated assault, it will be on your record forever. That is why it is important that you call Don Himmelberg, a criminal defense attorney in Nashville with over two decades of experience - don’t let a bar fight or parking lot altercation be a black mark on your criminal record for the rest of your life.