Simple vs. Aggravated Assault
Simple Assault is usually a misdemeanor. This might be:
- A minor injury (like a bruise or scratch)
- Threatening someone in a way that made them afraid
- Pushing, shoving, or unwanted touching
Aggravated Assault is a felony, which means potentially prison time. This includes:
- Seriously injuring someone
- Using a weapon (even something like a baseball bat or kitchen knife)
- Assaulting certain people like police officers, teachers, or healthcare workers
The difference between these two can completely change your life, which is why you need someone who knows how to fight for the lesser charge or get the case dismissed entirely.
What You’re Really Facing
Let’s be honest about what’s at stake here:
Simple Assault: Up to almost a year in jail and a $2,500 fine. That might not sound like much compared to prison, but it’s still jail time.
Aggravated Assault: Three to fifteen years in prison and up to $10,000 in fines. This is life-changing stuff.
But here’s what really gets people: the consequences don’t end when you get out of jail. An assault conviction can:
- Show up on every background check for the rest of your life
- Cost you your job or prevent you from getting hired
- Affect your custody rights with your kids
- Take away your right to own guns
- Impact professional licenses
How We Fight These Charges
Every case is different, but here are some of the ways we’ve successfully defended people:
Self-Defense If someone was threatening you or your family, you have the right to defend yourself. The key is proving that you reasonably believed you were in danger and that you only used as much force as necessary.
Defense of Others Maybe you stepped in to help someone else who was being attacked. Tennessee law allows you to defend others, not just yourself.
False Accusations Sometimes people lie. Maybe they want to get back at you, or maybe they’re trying to cover up their own actions. We know how to investigate these situations and expose the truth.
Mistaken Identity Bar fights, domestic situations, and other chaotic incidents can lead to confusion about who did what. If you were just there when something happened, that doesn’t make you guilty.
Lack of Intent Assault requires that you intended to hurt someone or acted recklessly. If what happened was truly an accident, that’s a defense.
Insufficient Evidence The prosecutor has to prove you’re guilty beyond a reasonable doubt. We examine every piece of evidence, every witness statement, and every police report looking for problems with their case.
What to Expect
Here’s what typically happens after you’re charged:
Getting Arrested or Cited You might be arrested on the spot, or you might get a citation to appear in court later.
First Court Appearance The judge will explain the charges and set bail if you’re in custody. This is usually pretty quick.
Building Your Defense This is where we get to work. We’ll review police reports, interview witnesses, and look for any evidence that helps your case.
Negotiation Many cases get resolved without going to trial. We might be able to get charges reduced or dismissed entirely.
Trial If we can’t reach a fair agreement, we’ll take your case to trial and fight for you in front of a judge or jury.
Why You Need a Lawyer Who Knows These Courts
Assault cases aren’t just about what the law says. They’re about people, emotions, and local court dynamics. We’ve been practicing in Middle Tennessee for decades. We know the court systems, the prosecutors, and how things really work in these courtrooms.
More importantly, we know how to tell your story in a way that makes sense to a jury. Maybe you were protecting your family. Maybe you were defending yourself. Maybe the whole thing was blown out of proportion. We know how to present these facts persuasively.
Your Questions, Answered
Can the charges be dismissed? Yes, sometimes. If there’s not enough evidence or if we can negotiate a dismissal. But remember, the prosecutor makes this decision, not the victim.
What if it was self-defense? Self-defense is a complete defense to assault charges. If you can prove you were defending yourself or others, you should be found not guilty.
Should I talk to the police? No. Don’t talk to anyone about what happened except your lawyer. Anything you say can be used against you, even if you’re just trying to explain your side.
What if I was drunk? Being drunk doesn’t excuse assault, but it might affect how the case is prosecuted or what defenses are available.
Will this affect my kids? A conviction can impact custody and visitation rights. Family courts take domestic violence seriously, so it’s crucial to fight these charges.
Can I get this expunged later? Some misdemeanor convictions might be eligible for expungement, but it’s complicated and not guaranteed. It’s much better to fight the charges now.
Don’t Wait
If you’re facing assault charges, time is not on your side. Evidence disappears, witnesses forget things, and opportunities to help you slip away every day.
Call Kane & Crowell PLLC today at (615) 784-4800 for a free, confidential consultation. We’ll listen to what happened, explain your options, and help you figure out the best way to fight these charges.
You made one mistake or found yourself in a bad situation. Don’t let it define the rest of your life. Let us help you fight back.
