Nashville Simple Assault Lawyer
If you have been charged with the crime of a simple assault, then it is recommended you contact a violent crimes attorney to help you through the case. In the state of Tennessee, a simple assault is considered to be a misdemeanor crime. A simple assault usually involves minimal physical injuries such as cuts, scrapes, or bruises. If the injuries that were caused are more severe, let your Tennessee violent crimes attorney know immediately. A more serious injury may be considered to be a felony offense. A simple assault can consist of the following in the state of Tennessee:
- Causing a person to fear possible physical injuries in the near future
- Having physical contact with another person that can be considered to be offensive or provoking
- Intentionally behaving recklessly and causing physical harm to another person
The following are what can happen during a simple assault and what to expect during a simple assault case. Your Nashville simple assault lawyer can go over these items in more detail with you.
Misdemeanors – Class A and Class B
A Class A misdemeanor is when an offender commits assault against the victim that causes physical harm, or threatens the victim with imminent physical harm. An offender who commits a Class A misdemeanor can be sentenced up to 11 months in jail, a fine of up to $2,500, or both the jail time and fine. A provocative or harmful physical encounter is considered to be a Class B misdemeanor. An offender who commits a Class B misdemeanor can be punished by up to 6 months in jail, a fine of up to $500, or both the jail time and fine.
A reckless act is considered to be an act that has caused harm to another but was not intentional. Your Tennessee violent crimes attorney will explain that even if the offender did not mean to cause harm, an assault charge can still be filed because the offender had no regards for anyone else’s safety. An example of a reckless act is if someone is pushing through a crowd of people and accidentally pushes down someone who gets injured. While they did not intend to injure anyone, their reckless act ended up causing injury.
A domestic assault is one that involves family members or those living in the same household. As your Tennessee violent crimes attorney will go over with you, a domestic assault can involve married partners, significant others who live together, those who are dating, or in a sexual relationship with each other. Domestic assaults can be considered to be an incident of domestic violence in Tennessee.
If you have been convicted of a simple assault, you may be required to pay restitution to the victim. The state of Tennessee requires that the offender pays the victim back for any medical expenses or damages to property.
Pre-Trial Steps and Pleading
Your violent crimes attorney may be able to help you with a plea bargain for your sentence. If the prosecutor will consider a plea deal, then your attorney will be able to negotiate a lighter sentence in exchange for your guilty plea. If you are unable to secure a plea deal, your attorney will help build a case for your defense to present to a judge.
Alternatives to Jail
The state of Tennessee allows for misdemeanor offenders to be sentenced to an alternative to jail, depending on their criminal history. There are typically two possible alternative sentences: a suspended sentence or a judicial diversion.
- Suspended Sentence: A suspended sentence means that the offender was sentenced to jail time, however the court will allow the offender to serve that time through probation. The amount of the sentence served through probation could be a part of the sentence or the whole thing. If an offender is placed on probation, they must follow the terms and conditions given with their suspended sentence. Typically an offender will need to check in with their probation officer as well as abstain from drinking, doing drugs, pay fines associated with probation, and follow a curfew. If the offender commits a crime while on probation, they will need to serve the rest of their sentence in jail.
- Judicial Diversion: A judicial diversion is when the court can defer the offender’s sentence. Judicial diversion will be based upon the offender’s past criminal history. If the offender has no previous criminal charges, the court may decide to postpone sentencing the offender. This means that the offender will be placed on supervised probation and need to follow the terms and conditions given. If the offender can complete the sentenced probation successfully, then the court will dismiss sentencing the offender and drop the charges. However, if the offender fails to comply with the terms of their probation, then they will face a criminal conviction.
Regardless of what your case’s circumstances may be, a violent crimes lawyer will be able to help you maintain your rights and argue for your best interests.
Contact a Nashville Simple Assault Attorney
For experienced representation, contact the Nashville simple assault lawyers from Horst Law today at (615) 403-2971.