Memphis Assault Lawyer

Experienced Defense Against Assault Charges in Shelby County

At Francavilla Law Firm, we have the knowledge and skill to represent clients facing all types of criminal charges, including those related to assault and battery. With 25 years of experience, our Memphis assault lawyer, Tim Francavilla, can provide you with effective representation to help you get your charges dropped or reduced.

Are you facing assault charges in Tennessee? Call Francavilla Law Firm today at (901) 979-9992 or contact us online to schedule meeting with our experienced assault attorney in Memphis!

Why Hire Us?

Attorney Tim Francavilla takes a highly personalized approach to each case he takes on. When you hire our firm, you can benefit from working one-to-one with your attorney throughout the entirety of your case. We genuinely care about you and are dedicated to helping you achieve your goals.

We have successfully represented clients facing all types of assault charges, including:

• Simple assault
• Aggravated assault
• Domestic assault
• Assault with a deadly weapon
• Assault and battery
• Threatening

Assault Charges in Tennessee

There are two main types of assault crimes in Tennessee: simple assault and aggravated assault. The primary difference between the two offenses pertains to the severity of the harm suffered by the victim.

Simple Assault

According to Tennessee Code Annotated § 39-13-101, assault is defined as intentionally, knowingly, or recklessly:

• Causing bodily injury to another person
• Causing someone else to fear imminent bodily injury
• Engaging in physical contact that another person considers extremely provocative or offensive

Aggravated Assault

Tennessee Code Annotated § 39-13-102 defines aggravated assault as intentionally or knowingly committing assault that involves:

• Causing serious bodily injury to the victim
• Using or displaying a deadly weapon
• Attempting to cause physical injury by strangulation
• Causing physical injury to a public employee or transit system worker during the performance of their duties

What are the Penalties for Assault in Tennessee?

The punishments for assault depend on whether the crime is considered “simple” or “aggravated.”

Simple assault can either be charged as a Class A or Class B misdemeanor. Class A misdemeanors are punishable by a maximum fine of $2,500 and up to 11 months and 29 days in jail. The penalty for a Class B misdemeanor is a fine of up to $500 and up to 6 months in jail.

Those who are convicted of aggravated assault will face harsher penalties. Aggravated assault can either be a Class C or D felony. As a Class C felony, the defendant will face 3 to 15 years in prison and a maximum fine of $10,000. When aggravated assault is charged as a Class D felony, it carries a punishment of 2 to 12 years in prison and a maximum fine of $5,000.

What Are the Defenses for Aggravated Assault?

Aggravated assault is a serious criminal charge that typically involves the use of a weapon or the intent to cause serious bodily harm to another person. However, several defenses can be utilized to contest these charges effectively.

One common defense is self-defense. If an individual can demonstrate that they were in imminent danger of harm and used reasonable force to protect themselves, this may serve as a viable defense. It is crucial to show that the response was proportional to the threat faced.

Another possible defense is defense of others. Similar to self-defense, this applies when an individual intervenes to protect another person from harm. The key is to prove that the use of force was necessary to prevent injury to another.

Mistaken identity can also be a significant defense in aggravated assault cases. If the accused can provide evidence that they were not involved in the incident or that they were misidentified as the perpetrator, this defense can be compelling. Witness testimonies, alibis, and surveillance footage may play crucial roles in establishing this defense.

In some cases, an individual may argue that they acted under duress. This defense asserts that the accused was compelled to commit the act due to threats or coercion from another person, leaving them with no reasonable alternative.

Each case is unique, and the effectiveness of these defenses depends on the specific circumstances surrounding the charge. Consulting with a qualified attorney can help in formulating the most effective strategy to contest an aggravated assault charge.

Is Domestic Assault a Felony in Tennessee?

As with all other types of assault offenses, domestic assault can be charged as either a misdemeanor or a felony in Tennessee; it depends on the case's circumstances and the prosecutor's attitude. However, Tennessee takes a strong stand on behalf of victims of domestic violence, which can affect juror perception of anyone accused of the crime, even though all defendants are "innocent until proven guilty." You should contact an experienced defense attorney as soon as possible to protect your rights.

Contact Our Memphis Assault Attorney Today

If you have been charged with assault and are looking for legal assistance, turn to Francavilla Law Firm. Our Memphis assault attorney, Tim Francavilla, has your best interests in mind and can aggressively pursue the outcome that you deserve. Place your case in the hands of someone you know you can trust.

Contact Francavilla Law Firm by calling (901) 979-9992 today to schedule a FREE consultation with our assault lawyer in Memphis!