Simple Assault in Tennessee: Laws, Penalties, and Defenses

The Tennessee Bureau of Investigation stated that in 2024, there were over 39,000 simple assault offenses involving domestic violence victims across the state. There were over 9,000 aggravated assault offenses involving domestic violence victims the same year.

In Tennessee, simple assault is a misdemeanor, whereas aggravated assault is a felony. Many people are unsure what the differences between the two are.

What is simple assault in TN? Read more about Tenn. Code Ann. § 39-13-101

Simple assault is when someone does one of the following:

• Intentionally, knowingly, or recklessly causes bodily injury to another
• Intentionally or knowingly causes another to reasonably fear imminent bodily injury
• Intentionally or knowingly causes physical contact with another, and a reasonable person would regard the contact as extremely offensive or provocative.

It is important to note that someone doesn’t actually have to touch another person to be charged with assault. They must only have caused another person to “reasonably fear imminent bodily injury.” If someone appears threatening or physically or verbally threatens to harm another person, they could face a simple assault charge. If convicted, they could face serious consequences.

Classes of simple assault in Tennessee

Simple assault falls under two classes of misdemeanor assault in Tennessee. Read about each below:

Class A misdemeanor and the penalties

Someone is charged with a Class A misdemeanor when they cause bodily injury or cause someone to fear imminent bodily injury. If someone is convicted of a Class A misdemeanor, they could face up to 11 months and 29 days in jail. Class A misdemeanor assault for causing fear of imminent bodily injury could also include fines up to $2,500, while bodily-injury assault can carry a fine of up to $15,000.

Class B misdemeanor and the penalties

A Class B misdemeanor is considered extremely offensive or provocative contact. This is when someone intentionally or knowingly causes physical contact with another that a reasonable person would regard as extremely offensive or provocative. Class B misdemeanor convictions could come with up to six months in jail and a possible fine of up to $500.

Impact of a simple assault conviction

When someone is convicted of a simple assault charge, the consequences can be long-term. A misdemeanor shows on a person’s record, which can impact the following:

• Employment
• Housing
• Possible restrictions on possessing firearms (particularly for qualifying domestic violence convictions)
• Limitations on parenting, custody, or visitation
• Concerns about immigration status for non-citizens

Aggravated assault is considered a felony. The consequences are more severe. Keep reading to learn more about aggravated assault and the related impact.

What is aggravated assault? Learn more about Tenn. Code Ann. § 39-13-102

Aggravated assault is a far more serious offense. To be charged with aggravated assault in Tennessee, a person must have committed an assaultive act. This includes the following activities:

• An act resulting in serious bodily injury to another
• An act resulting in the death of another
• An act involving the use or display of a deadly weapon
• An act involving strangulation
• An act involving attempted strangulation

Note that the mere display of a deadly weapon is enough for an upgraded charge. Thus, if someone is involved in a physical altercation and displays a gun (even if they don’t use or brandish their weapon), it is enough for an aggravated assault charge. In Tennessee, aggravated assault is a felony charge. Convicted individuals could generally face anywhere between 2 and 30 years in prison. Of course, each case is unique, and the penalties will vary based on several factors.

It’s encouraged that anyone facing an aggravated assault charge in Tennessee speak to an experienced attorney. An attorney can help clients navigate the charge and build a strong defense.

Classes of aggravated assault in Tennessee

Aggravated assault can fall under Class B, Class C, or Class D felony classifications.

Class B felony and the penalties

Certain aggravated assaults are Class B felonies. For example, intentional or knowing aggravated assault involving strangulation or attempted strangulation is a Class B felony when the victim is pregnant. A Class B felony carries eight to 30 years in prison. Aggravated assault under § 39-13-102 can carry a fine of up to $15,000.

Class C felony and the penalties

A Class C felony is a serious charge. If convicted, people generally face three to fifteen years in prison. The fines associated with aggravated assault are up to $15,000.

Class D felony and the penalties

A Class D felony conviction carries two to twelve years of prison time. This conviction carries fines up to $15,000.

Possible defenses for aggravated or simple assault

An experienced attorney helps clients form a strong defense for an assault charge. Defense strategies vary depending on the individual situation and case factors. Possible defenses for general assault charges may include:

Self-defense or defense of someone else

A possible defense is reacting to a reasonable belief that force was immediately necessary to protect themselves or someone else from harm. When using this strategy, courts will review the evidence and determine if the response was an appropriate one to the perceived threat.

A lack of intent

A lack of intent strategy may be used in some assault cases. An assault charge must have proof of the applicable mental state, which may include intent, knowledge, or recklessness. If the contact was accidental and did not satisfy the required mental state, this may be a good strategy.

Constitutional violations

Sometimes law enforcement makes procedural errors. When someone’s rights are violated, it may be enough to suppress evidence for the case.

False allegations

False allegations can occur. This defense strategy is a possibility when stories are inconsistent, or the accuser has a motive to lie.

No proof

If the prosecutors can’t meet the burden of proof, then the defense may seek an acquittal. The prosecution team must prove every element of the charged offense beyond a reasonable doubt.

Contact Law Offices of Adrian H. Altshuler & Associates for a consultation today

Assault charges are serious in all cases. Being charged with simple or aggravated assault can be a daunting situation. Many people aren’t sure how to handle the situation or build a strong defense. This is where a dedicated attorney can help clients.

Attorneys protect their clients’ rights. They fight for them in court and advocate for them throughout the legal process. Anyone charged with assault in Tennessee does not have to go through the process alone. Contact us today to speak to an experienced criminal defense attorney about your legal options.