Memphis Assault and Battery Defense Attorney
Tennessee firm takes on simple and aggravated assault matters
An argument or misunderstanding could lead to an arrest for assault and battery. Depending on the extent of the injury, the identity of the victim and other circumstances, you might be charged with a misdemeanor or felony. My Memphis firm, Jack P. Sherman, Attorney at Law, represents Tennessee clients in a full range of assault matters and works to achieve the best possible result, which might be a dismissal, acquittal or reduced charge.
Are there different types of assault?
Though some states distinguish assault and battery, Tennessee’s assault statute covers cases where one party puts someone else in imminent fear of injury as well as those where a person causes injury to another through unwanted contact. Simple assault is a misdemeanor. Felony aggravated assault can be charged if the defendant is accused of inflicting serious bodily harm on someone else or if other specific circumstances exist. For example, any type of bodily harm committed in violence constitutes aggravated assault. As an accomplished criminal defense lawyer, I can advise as to whether you’re being charged too harshly under the law.
What are the penalties for assault in Tennessee?
Simple assault constitutes a Class A misdemeanor and a conviction could trigger a jail term of up to one year and maximum $2,500 fine. Punishment for aggravated assault depends on the defendant’s state of mind. A defendant who intentionally or knowingly commits an aggravated assault is guilty of a Class C felony, which carries a sentence of three to 15 years in prison. When the serious injury resulted from reckless behavior, it is a Class D felony, punishable by a term running from two to 12 years.
Can a simple assault charge be expunged in Tennessee?
Certain types of convictions can be expunged under Tennessee law. This means potential employers, landlords and others cannot see the conviction on an individual’s record. However, you should not plead guilty to simple or aggravated assault assuming that you will obtain an expungement that allows you to legally declare that your record is clean. Even misdemeanor assault is classified as a violent crime and cannot be expunged. Accordingly, you need to fight an assault allegation or the negative effects could follow you forever.
Defenses that might be available if you are accused of assault
Sometimes, a police officer will report to the scene of an alleged assault and battery without fully understanding the situation. What looked like an unprovoked attack might actually have been a clear case of self-defense. In cases where there is a crowd of people, a victim or witness might be accusing the wrong person. You might not have been at the scene at all. By reviewing surveillance video, interviewing witnesses and analyzing physical evidence, I can find the best way to challenge the case against you.
Contact a respected Tennessee lawyer if you have been charged with assault
Jack P. Sherman, Attorney at Law advocates on behalf of individuals who have been accused of assault in Shelby County and other Tennessee locations. Please call 901-233-3474 or contact me online for a free consultation regarding potential defenses. My office is in Memphis.