Assault crimes in the state of Tennessee can vary in intensity and the types of harm that can be caused. As such, if you find yourself being charged with an assault crime, it’s imperative to have David Clarke, an experienced criminal defense attorney that knows the laws on assault crimes, to ensure your rights will be protected and you will have a rigorous defense.
General assault charges, which sometimes get listed as assault and battery, generally refer to the situation where a person threatened a person without actually resorting to full violence. However, the threat has to be substantial enough to where the victim believed their life was truly in danger.
Examples of assault and battery in Tennessee can include, but not be limited to:
• Threats of injury, use of threatening words, or putting their hands on a person in an aggressive manner.
• Pushing a person during an argument
• Verbal threats of violence
• Threatening to hit someone, such as taking a fighting stance and preparing to attack
As with general assault charges, assault with a deadly weapon generally involves threats of violence without the follow-through of actual violence. Only this time, rather than empty hands, the person committing assault did so with a weapon designed to kill in their possession.
It should be noted here the person with the deadly weapon may not even be required to have the weapon in their hands to commit assault with a deadly weapon. They could show the victim the gun in a holster and still be committing assault without ever drawing the weapon out.
Objects typically categorized as deadly weapons can include:
• Any kind of firearms.
• Blunt instruments, such as baseball bats or metal pipes
• Any kind of edged tools, such as garden shears
Even a car or vehicle can become a deadly weapon if driven at or into someone with the intent to harm or kill.
Aggravated assault in Tennessee tends to involve some actual follow-through on the verbal threat, although the charge may still apply even if the incident does not end in a fight between the two parties in question.
If a person makes threats or wields a weapon in a threatening manner but does not actually touch the person they’re threatening, they can be charged with assault. If they follow through on the threat and cause bodily injury to the victim, they can be charged with aggravated assault.
Examples may include:
• Brandishing a beer bottle during an argument, then hitting the victim with the bottle.
• Committing the assault in conjunction with committing another crime, such as hitting a person during a robbery.
• Pulling a gun out during an altercation, then discharging the weapon. Even if the shot was meant as a warning, it could still qualify as aggravated assault.
Regardless of the specific charges in question, having David Clarke, a competent and experienced criminal defense attorney on your side can mean the difference between freedom and jail. We believe in the Sixth Amendment which guarantees the rights of criminal defendants, including the right to a speedy trial, the right to a lawyer, the right to an impartial jury, and the right to know your accusers, and the charges and evidence against you.
As an experienced criminal defense attorney, Attorney Clarke will vigorously defend you against allegations of assault crimes. To learn more about the services we offer and how we can best serve you and your specific legal needs, contact us today.