Facing aggravated assault charges with a deadly weapon in Tennessee can have severe consequences, including prison time, fines, and other legal repercussions. This guide outlines the key points to help you understand what these charges entail and what steps you might take if accused.
What Constitutes a Deadly Weapon?
Under Tennessee law, a deadly weapon is broadly defined. While it includes conventional weapons like firearms and knives, it also covers objects used in ways that can cause death or serious injury. For instance:
- Traditional weapons: Firearms, brass knuckles, and large knives.
- Unconventional objects: Items like metal pipes or ropes, depending on how they’re used. Even vehicles can be classified as deadly weapons if used with intent to harm.
Aggravated Assault: Charges and Penalties
Aggravated assault with a deadly weapon in Tennessee is categorized as a serious felony with penalties that vary based on intent and circumstances.
- Intentional Assault:
- Definition: Deliberately using or displaying a deadly weapon to harm or intimidate.
- Classification: Class C felony.
- Penalties: 3 to 15 years in prison and fines up to $10,000.
- Reckless Assault:
- Definition: Acting recklessly and causing harm with a deadly weapon.
- Classification: Class D felony.
- Penalties: 2 to 12 years in prison and fines up to $5,000.
Additional penalties may apply if certain firearms or enhanced charges are involved.
Aggravated Assault and Strangulation
Strangulation is another factor that elevates assault charges. If the victim is strangled or placed in fear of harm through the display of a deadly weapon, it may lead to aggravated assault charges, even if the injuries are not severe.
Defenses Against Assault With A Deadly Weapon Charges
Facing assault charges doesn’t mean the outcome is predetermined. Several defenses could be relevant:
- Self-Defense:
Tennessee law permits individuals to use necessary force to protect themselves or others from immediate harm. The threat must be real, perceived as real, or based on reasonable belief. - Lack of Intent:
If you can demonstrate that you had no intent to cause harm, the charges could potentially be reduced or dismissed. - Necessity:
Actions taken to prevent greater harm to yourself or others might be justified under certain emergency circumstances.
Raising these defenses shifts the burden to the prosecution to prove otherwise.
Contact a Criminal Defense Lawyer in Nashville
Assault with a deadly weapon charge can lead to life-altering consequences. At the Law Office of Amanda Gentry, we understand the complexities of these cases and are ready to help you navigate the legal process. Whether it's negotiating to reduce charges, building a defense, or protecting your rights, an experienced Nashville defense attorney can make a significant difference.
If you’re facing assault charges in Nashville or anywhere in Tennessee, contact us today to discuss your case. Let’s work together to safeguard your future.
