Aggravated Assault and Battery

Being charged with a violent crime such as aggravated assault can leave a mark that last a lifetime if improperly handled. At the Law Office of Amanda Gentry, we understand the weight of that mark and are ready to provide support and information on the best route to take because we have been where you are at and we will provide you with experienced representation spanning multiple counties, clear understanding of what you are facing, and straight-forward honestly to know the best route to get you back to your normal life as soon as possible.

What is Aggravated Assault?

The elements of Aggravated Assault under § 39-13-102 are:

  1. An individual intentionally or commits assault and:
    1. Results in serious bodily injury or
    2. Death or
    3. Used or Displayed a deadly weapon or
    4. Involving or attempting strangulation
  2. An individual recklessly commits assault and:
    1. Results in serious bodily injury or
    2. Death or
    3. Used or Displayed a deadly weapon
  3. Anyone that is the custodian of a child or adult and intentionally or knowingly fails or refuses to protect them from an aggravated assault.
  4. Anyone who breaks an order, diversion, or probation agreement saying they will not try to assault someone but attempts to anyway.
What is the Penalty for Aggravated Assault?

Aggravated Assault is treated as a violent offense and is accompanied by potential fines and sentence lengths up to 15 years and $10,000.

  1. Committing the first type of aggravated assault is considered a Class C felony.
  2. Committing the second type of aggravated assault is considered a Class D felony.
  3. Committing the third and fourth types are considered Class C felonies.
  4. Special Fines:
    1. Committing these acts against a first responder carries a maximum fine of ($15,000).
    2. Committing these offenses when the relationship between the defendant and victim is that of a domestic abuse victim carries an additional maximum fine of ($200)
What is Assault?

The elements of assault under § 39-13-101 are:

  1. An individual intentionally, knowingly, and recklessly causes bodily injury or
  2. Intentionally or knowingly causes someone to reasonably fear immediate bodily injury or
  3. Intentionally or knowingly touches someone and a reasonable person would consider extremely offensive or provocative
What is the Penalty for Assault?

Assault is considered a misdemeanor and usually does not involve major jail time, but can involve substantial fines.

  1. The first type of assault is considered a Class A misdemeanor with a maximum fine of $15,000.
  2. The second type is considered a Class A misdemeanor.
  3. The third type of assault is a Class B misdemeanor.
  4. Special Fines:
    1. If the relationship between the defendant and victim is that of a domestic abuse victim then an additional fine not to exceed ($200).
Felony / Misdemeanor ClassYear RangeMaximum Fines
Class B Misdemeanor<6 months$500
Class A Misdemeanor<11 months - 29 days$2,500
Class D Felony2 - 12 Years$5,000
Class C Felony3 - 15 Years$10,000