Simple Assault vs. Aggravated Assault in Tennessee: What You Need to Know

You’ve probably heard the terms “simple assault” and “aggravated assault,” but do you really understand how Tennessee law treats them differently? In short, not all assaults are created equal, and what kind of charge you face determines everything, from potential jail time to felony records.

Let’s walk through the legal details, how Tennessee law defines each offense, and what it means if you’re on the wrong end of a criminal accusation.

What is simple assault in Tennessee?

What counts as simple assault?

Under Tennessee Code § 39-13-101, you commit simple assault if you:

• Intentionally, knowingly, or recklessly cause bodily injury to someone.
• Intentionally or knowingly cause someone to fear imminent bodily injury.
• Intentionally or knowingly make unwanted, offensive contact that a reasonable person would find provocative.

That last category covers more than bruises. It includes any physical touch that a reasonable person deems unacceptable. So, yes, a shove during a heated argument can be enough.

What are the penalties for simple assault?

Simple assault is a misdemeanor, with three tiers depending on the act:

• Class A misdemeanor: Intentional/reckless assault with bodily injury (up to 11 months, 29 days in jail, and fines up to $2,500).
• Class A misdemeanor (fear-based): Causing fear of injury (the same penalties).
• Class B misdemeanor (offensive contact): Non-injurious but offensive contact (up to 6 months and/or a $500 fine).

Though a jail sentence may seem light, a misdemeanor on your record affects job opportunities, housing, and more.

What is aggravated assault in Tennessee?

Aggravated assault is a heightened charge, but what elevates simple assault to aggravated assault?

According to Tennessee Code §https://www.capitol.tn.gov/Bills/101/Bill/HB0237.pdf39-13-102, aggravated assault includes any simple assault that also involves one of the following:

• Serious bodily injury to the victim.
• Use or display of a deadly weapon.
• Assaulting certain protected individuals (like correctional officers or police).

Even if no serious injury occurs, simply threatening someone with a deadly weapon, like pointing a gun or knife, can trigger an aggravated assault charge.

How serious are aggravated assault charges?

Aggravated assault is always a felony, and severity depends on intent:

• Intentional or knowing: Class C felony (3 to 15 years in prison, plus up to $10,000 in fines).
• Reckless (without intent but with disregard for risk): Class D felony (2 to 12 years, plus up to $5,000 fine).

Penalties may increase based on aggravating factors, such as when the victim is pregnant, a law enforcement officer, or when a firearm is discharged from a vehicle.

Comparing simple vs. aggravated assault

Element	Simple Assault	Aggravated Assault
Type of offense	Misdemeanor	Felony
Physical injury required?	Minor or none (bodily injury, fear, or contact)	Serious bodily injury or use of a deadly weapon
Penalty range	Up to 11 mos. (A) or 6 mos. (B); fines up to $2,500	Class C/D felony: 2–15 years + up to $10K fine
Possibility of jail	Yes, but short-term	Yes, significantly longer sentences
Record impact	Misdemeanor record	Felony record, far more serious long-term consequences

 

Tennessee treats aggravated assault as a serious felony, highlighting both the severity of the act and the high degree of risk to victims.

Common situations and real-world examples

You could face simple assault if:

• You punch during a bar fight and leave a bruise.
• You shove someone, and they fear being hurt.
• You make offensive physical contact, even without hurting someone.

Aggravated assault occurs if:

• You hit someone so hard that they break a bone.
• You point a gun or swing a bat at someone.
• You recklessly injure someone in a physical confrontation—though car-related incidents may fall under separate ‘vehicular assault’ laws.”

A defendable case might argue the contact was accidental or proportional, but the stakes are far greater with a weapon involved.

How Tennessee classifies these charges

Simple assault

• Class A: Causing bodily injury or placing someone in fear of imminent injury.
• Class B: Offensive physical contact.

Aggravated assault

• Class C felony: Intentional serious injury or weapon use
• Class D felony: Reckless conduct causes serious injury
• Heavier penalties are imposed if involving pregnant victims, police, or firearms in vehicles.

These classifications determine the legal process: misdemeanors in General Sessions, felonies via grand jury indictments.

Why this distinction matters

• Severity of punishment: Misdemeanors carry short jail terms. Felonies can mean years behind bars.
• Collateral consequences: Felony convictions strip voting rights, limit employment, housing access, and professional licensing.
• Bail & pretrial risk: Felonies often lead to bail and potential pretrial detention; misdemeanors usually don’t.
• Public stigma: Felony records remain on your record indefinitely—mild misdemeanors often fade.

Understanding your charge’s classification is critical for strategy and negotiating plea deals or deciding whether to go to trial.

Aggravated assault: felony or misdemeanor?

It’s always a felony in Tennessee. The law classifies aggravated assault under §102 as a Class C or D felony, never a misdemeanor. That means the long-term consequences are serious. Even a plea bargain comes with lifetime impacts.

Defending against assault charges

Simple assault defenses:

• Self-defense or defense of others: You had a reasonable perception of imminent harm.
• Lack of intent: The contact happened by accident.
• Consent: The contact was mutual or part of accepted conduct.
• Insufficient evidence: Prosecution can’t prove you intended harm or that it caused fear.

Aggravated assault defenses:

• No deadly weapon: The object in question wasn’t actually capable of killing or seriously injuring.
• No serious injury: The alleged injury was minor, not qualifying as “serious bodily injury.”
• Recklessness mischaracterized: You didn’t act in a way that shows disregard for life.
• Self-defense: Even with some injury or weapon, you may have been under attack.

In both cases, evidence matters. Video, witness credibility, and context can make or break your case.

Why you need a Tennessee assault attorney

Facing assault charges (whether misdemeanor or felony) can feel overwhelming. Here’s how an experienced lawyer makes a difference:

• Evaluate facts & evidence: Spot inconsistencies, question timing, or lack of proof.
• Challenge weapon or injury claims: Argue injuries were minor or the object wasn’t actually lethal.
• Negotiate reduced charges or alternative sentences: Avoid jail by securing probation or diversion.
• Prepare for trial: Build strong legal arguments, cross-examine witnesses, and present context.
• Minimize collateral damage: Seek expungement or deferment options when possible.

What to do if you’re charged

• Don’t talk to the police without a lawyer. Anything you say can be used against you.
• Record everything. Name witnesses, get photos of injuries or the scene, and save texts or videos.
• Seek legal help immediately. Assault cases move fast, so don’t wait.
• Follow all court orders. Bail terms, no-contact orders, and scheduled hearings must be honored.
• Be realistic but hopeful. A skilled attorney can often reduce charges significantly.

Key takeaways

• Simple assault: misdemeanor, short-term consequences
• Aggravated assault: felony, long-term penalties, and records
• What matters: weapon use, injury severity, intent, evidence
• Legal help: essential for reducing risk, preserving future opportunities

If you’re facing assault charges in Tennessee, whether it’s simple assault charges or an aggravated assault felony, you don’t have to face this alone. With the right defense, you can protect your rights and your future.

At the Law Offices of Adrian H. Altshuler, we specialize in Tennessee assault cases, from simple to aggravated. We can review the facts, challenge evidence, and fight for the best outcome possible. Don’t wait, contact us today for a free consultation and start defending your future.