Misdemeanor vs. Felony Assault Charges in Tennessee
If you have been charged with assault, there are certain factors which can constitute whether the charges you are facing are felony or misdemeanor. Simple assault is usually a misdemeanor charge since it involves minor injuries like bumps, bruises, and scratches. Aggravated assault is normally classified as a felony because it involves greater injuries or strangulation in addition to other specific circumstances. Depending on the relationship between parties involved, the assault charge can also be domestic violence.
Can a Simple Assault Charge Be Expunged in TN?
No. In Tennessee, if you are convicted of simple assault or aggravated assault, it will be on your record forever. Don't let a simple bar fight ruin your life! Call us today!
Factors that can be examined in the domestic violence charge include:
- Recklessness
- The severity of injuries
- The alleged victim feared for their well-being
- Was the alleged victim a transit system or public employee
- The alleged offender is under diversion or a probation agreement
Understanding Assault Charges in Memphis
Living in Memphis, you know that our city is vibrant and full of life, but like any urban area, it has its challenges. If you or a loved one is facing assault charges, it's crucial to understand the local legal landscape. The Memphis Police Department and the Shelby County Sheriff's Office are the primary law enforcement agencies handling these cases, and they take such charges very seriously.
Assault in Memphis can involve physical harm or the threat of harm, making it a serious offense. This can lead to significant legal consequences, including imprisonment and fines. The local courts, including the Shelby County Criminal Court, are known for their stringent approach to violent crimes, reflecting the community's commitment to safety.
The Importance of Legal Representation in Assault Cases
Navigating the complexities of assault charges can be daunting, especially when your future is at stake. Having a skilled attorney by your side can make a significant difference in the outcome of your case. At the Law Office of Stephen R. Leffler, P.C., we understand the nuances of Tennessee law and are committed to providing you with the robust defense you deserve.
Here are some key reasons why securing legal representation is crucial:
- Expert Knowledge: Our attorneys are well-versed in assault laws and can identify potential defenses that may apply to your case.
- Personalized Defense Strategy: We take the time to understand your unique situation and tailor a defense strategy that aligns with your needs and goals.
- Negotiation Skills: We can negotiate with prosecutors on your behalf to seek reduced charges or alternative sentencing options.
- Emotional Support: Facing assault charges can be stressful. Our team provides not only legal guidance but also the emotional support you need during this challenging time.
- Protecting Your Rights: We ensure that your rights are upheld throughout the legal process, from arrest to trial.
Commonly Asked Questions
Can I get my aggravated assault charge reduced to a misdemeanor in Tennessee?
In Tennessee, it may be possible to negotiate a reduction of an aggravated assault charge to a misdemeanor, depending on the specifics of your case. Factors such as the circumstances of the incident, your criminal history, and the relationship between you and the alleged victim can influence this outcome. Engaging a skilled attorney who understands the local legal landscape can be crucial in advocating for a reduction. They can work with prosecutors to explore plea deals or alternative sentencing options that may be available to you.
What should I do immediately after being charged with aggravated assault?
If you have been charged with aggravated assault, the first step is to remain calm and avoid discussing the incident with anyone other than your attorney. It's essential to seek legal representation as soon as possible to understand your rights and the charges against you. An experienced attorney can guide you through the legal process, help you gather evidence, and prepare your defense. Additionally, refrain from contacting the alleged victim, as this could complicate your case further. Taking prompt action can significantly impact the outcome of your situation.
How does assault differ from battery?
Assault and battery are often mentioned together but have distinct legal definitions:
- Assault typically refers to the threat or attempt to inflict physical harm on someone, creating a reasonable fear of imminent harm. It doesn't necessarily involve physical contact; the emphasis is on the intention and the victim's perception of threat.
- Battery, on the other hand, involves actual physical contact or harm. It is the unlawful and intentional touching or striking of another person against their will.
Contact Us Today for Comprehensive Defense
One of the common pain points for residents facing assault charges is the fear of a permanent criminal record. In Tennessee, assault convictions can affect your employment opportunities, housing options, and damage your reputation.
At the Law Office of Stephen R. Leffler, P.C., we understand the unique challenges that Memphis residents face. Our deep knowledge of local laws and court procedures allows us to provide tailored legal advice and representation. Whether you're dealing with a misunderstanding that escalated or a more serious incident, we are here to help you navigate the complexities of the legal system.
How To Beat Aggravated Assault Charges in TN?
In Tennessee, first time offenders of aggravated assault that have no previous convictions resulting in jail time could receive something called a judicial diversion. This would occur if the judge postpones the actual sentencing for a given period of time. During that time, the offender may need to adhere to probationary guidelines, attend counseling, or complete community service. During that set period of time and if the offender does not find themselves in any additional trouble - the judge could dismiss the charges. However, each case of assault is different so reach out to our skilled Memphis assault lawyers today.
Need Reliable Defense For Assault? Contact (901) 509-9112 Today!
If you are facing felony assault charges, you can be facing serious consequences that includes prison time, fines, and a revoking of your rights. Our Memphis assault attorney at the Law Office of Stephen R. Leffler, P.C. can provide you with experienced and thorough representation. We work as an advisor for our clients and provide them with information regarding their potential legal options for their situation.
Call our firm at (901) 509-9112 to learn how our Memphis assault defense Lawyer can help you!