Assault is when you do something that can cause physical harm or threaten to cause harm to another person. It’s important to know the different types of assault as they have different legal consequences. There are two main types: simple assault and aggravated assault.
Simple assault is minor injuries or threats that don’t cause serious harm. Aggravated assault is more serious, oftentimes with intent to cause serious injury or use of a deadly weapon. Knowing the difference can make all the difference in your case with an experienced Nashville criminal defense attorney.
This post will help you understand the difference between simple vs aggravated assault.
What is Simple Assault?
Simple assault is the less serious form of assault. It’s when you do something that creates fear of injury or unwanted physical contact. No actual physical harm has to occur.
Elements of Simple Assault
- Unwanted Touching or Threat of Touching: For an act to be considered simple assault there has to be some form of unwanted physical contact or a credible threat of such contact. This can be pushing someone or making threats that instill fear.
- Reasonable Fear of Injury or Harm: The victim has to have a reasonable belief they could be harmed. This fear can come from the actions or words of the accused even if no physical injury occurs.
- No Actual Physical Contact or Injury Required: Unlike aggravated assault, simple assault doesn’t require any physical injury. Just threatening or attempting to touch someone without consent can lead to charges.
Penalties for Simple Assault in Tennessee
In Tennessee, simple assault is generally considered a misdemeanor offense. The penalties for simple assault can vary based on the specific circumstances of the case, but typically include:
Fines
For a simple assault conviction in Tennessee, the fines can be up to $2,500. The exact amount of the fine may depend on the severity of the offense and any aggravating factors present.
Jail Time
Simple assault is classified as a Class A misdemeanor in Tennessee, which carries a potential jail sentence of up to 11 months and 29 days. The length of the sentence can be influenced by the details of the case, such as whether the assault caused injury, the intent behind the act, and the defendant’s prior criminal history.
Additional Penalties
In addition to fines and jail time, a conviction for simple assault in Tennessee may lead to other consequences, including:
- Probation: Instead of jail time, or in addition to a reduced jail sentence, the court may impose a period of probation, during which the defendant must comply with certain conditions, such as attending anger management classes or performing community service.
- Restitution: The court may order the defendant to pay restitution to the victim for any medical expenses, property damage, or other losses resulting from the assault.
- Permanent Criminal Record: A conviction for simple assault will result in a permanent criminal record, which can affect future employment opportunities, housing options, and other aspects of life.
What is Aggravated Assault?
Aggravated assault is a serious crime. It’s when you intend to cause serious bodily harm to another person. This charge oftentimes occurs when a deadly weapon is used or when the assault occurs during the commission of another felony.
Elements of Aggravated Assault
- Intent to Inflict Serious Bodily Injury: The accused has to have a clear intention to cause serious harm. This is different from simple assault where the intent is less severe.
- Use of a Deadly Weapon: If a weapon is involved it gets worse. A deadly weapon can be anything that can cause serious injury, a gun, a knife, or even a vehicle.
- Commission During Another Felony: If the assault occurs during the commission of another felony it can be aggravated assault. This adds another layer to the charges against the accused.
Penalties for Aggravated Assault in Tennessee
In Tennessee, aggravated assault is considered a serious felony with severe penalties. The consequences for aggravated assault are significantly more severe than for simple assault, reflecting the serious nature of this offense. Depending on the specifics of the case and the jurisdiction, the penalties in Tennessee can include:
Years in Prison
Aggravated assault in Tennessee is classified as either a Class C or Class D felony, depending on the circumstances. A Class C felony carries a potential prison sentence of 3 to 15 years, while a Class D felony can result in 2 to 12 years of imprisonment. The exact length of the sentence depends on factors such as the defendant’s criminal history and the severity of the assault.
Higher Fines
Fines for aggravated assault in Tennessee can also be substantial. For a Class C felony, the fine can be up to $10,000, and for a Class D felony, it can be up to $5,000. The amount of the fine often depends on the details of the case and any aggravating factors that may be present.
Additional Penalties
Besides imprisonment and fines, a conviction for aggravated assault in Tennessee can lead to other severe consequences, including:
- Loss of the right to possess firearms: Individuals convicted of a felony in Tennessee lose the right to own or possess firearms, which can have long-term implications on personal freedoms and lifestyle.
- Restitution to the victim: The court may order the defendant to pay restitution to the victim for medical expenses, lost wages, or other damages resulting from the assault.
- Mandatory counseling or anger management: Depending on the circumstances, the court may require the defendant to attend counseling or anger management programs.
- Impact on future employment and housing: A felony conviction can have lasting effects on a person’s ability to find employment, secure housing, and pursue certain professional licenses or certifications.
Simple vs Aggravated Assault Factors
Knowing the factors that make simple vs aggravated assault is important. Each case is different.
Weapon Use
The presence of a weapon is a huge difference between simple vs aggravated assault. If a deadly weapon is involved, the charges get more serious and it’s considered aggravated. A weapon can be a gun, knife, or any object that can cause serious injury. Law enforcement takes this into account and it can mean severe penalties.
Severity of Injury
Another factor of simple vs aggravated assault is the severity of the injury. Simple assault may involve minimal or no injury, aggravated assault involves serious bodily harm. Medical documentation can play a big role in determining the charge. If the alleged victim is seriously injured the case may be elevated to aggravated assault.
Intent and Circumstances of the Assault
Intent is a big factor in the difference between simple vs aggravated assault. In aggravated assault, the accused must have intended to cause serious injury. This can be inferred from the circumstances of the incident. For example, if the assault occurs during a robbery or another felony it will likely be classified as aggravated.
Accused’s Prior Criminal History
The accused’s prior criminal history can also play a role in the difference between simple vs aggravated assault charges. If the person has prior convictions for assault or other violent crimes the prosecution may pursue aggravated assault charges more aggressively. A history of violence can mean harsher penalties and a more severe legal response.
Legal Defenses and Ramifications
When you’re facing an assault charge knowing your legal defenses is important. There are various ways to challenge the prosecution’s claims.
Common Defenses
- Self-Defense: This is one of the most common defenses. If you acted to protect yourself from imminent harm you may argue your actions were justified.
- Mistaken Identity: Sometimes people are misidentified. If you can prove you were not the person involved in the incident this defense could get the charges dropped.
- Consent: In some cases, the alleged victim may have consented to the interaction which can negate the assault claim.
- Lack of Intent: For aggravated assault showing you didn’t intend to cause serious harm can be a strong defense.
Future Criminal Record
A simple assault conviction will be a misdemeanor on your record which can limit job opportunities and impact your reputation. A felony aggravated assault charge can mean years in prison, thousands of dollars in fines, and long-term consequences to your civil rights. This can include difficulty in getting a job, housing, and even voting rights.
Meet With an Experienced Nashville Criminal Defense Lawyer ASAP!
The penalties for these offenses vary significantly. A simple assault charge can lead to misdemeanor consequences, including fines and possible jail time. In contrast, aggravated assault carries felony charges that may result in years behind bars and hefty fines.
Being aware of these distinctions of simple vs aggravated assault can make all the difference in how one approaches their legal situation. If you find yourself facing an assault charge, it is vital to seek legal advice from a skilled Nashville criminal defense attorney.
Call us at 615-255-9595 for a free case review today!
