Assault Defense Attorney Serving Nashville
If you’re facing assault charges in Nashville, we’ll fight to protect your future
Contact Waynick Law
Finding the right law firm to defend your freedom and future can be overwhelming. What’s more, it’s hard to know which lawyer will truly care about your needs and concerns. Allow the experienced team at Waynick Law to be your warriors, fighting to protect you from injustice. Our practice has the resources and knowledge necessary to fiercely defend your rights while providing a level of individualized attention that’s unmatched in other practices. When you trust us with your case, expect to receive the time and understanding you deserve from a defense attorney who wants to hear your story. Take the next step towards protecting your future by choosing Waynick Law.
What is assault?
To protect your future, you need to understand the accusations against you. In Nashville, Tennessee, assault is defined by the Tennessee Code Annotated (TCA). Assault generally falls into different categories, such as simple assault and aggravated assault, each with varying degrees of severity and penalties.
Simple assault (TCA § 39-13-101)
A person commits assault if they:
- Intentionally, knowingly, or recklessly cause bodily injury to another.
- Intentionally or knowingly cause another to reasonably fear imminent bodily injury.
- Intentionally or knowingly cause physical contact with another, and a reasonable person would regard the contact as extremely offensive or provocative.
A lot of our clients are surprised that, in Tennessee, you can face charges for assault without ever making physical contact with someone.
Aggravated assault (TCA § 39-13-102)
Aggravated assault is a more serious form of assault and typically involves:
- Intentionally or knowingly committing an assault that results in serious bodily injury.
- Using or displaying a deadly weapon during the assault.
- Committing an assault and causing bodily injury to another while restraining that person.
- Assaulting a law enforcement officer, public servant, or healthcare provider while they are performing their official duties.
Reckless endangerment (TCA § 39-13-103)
A person commits reckless endangerment when they:
- Engage in conduct that places or may place another person in imminent danger of death or serious bodily injury.
- The term "reckless" means that the person is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur. The risk must be of such a nature and degree that disregarding it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all circumstances.
Our Nashville criminal defense attorney can explain your charges and the potential penalties associated with them.
Contact Waynick Law
What are the penalties for assault in Nashville?
In Nashville, the penalties for assault vary depending on the specific type of assault prosecutors charge you with. Here is a breakdown of the different types of assault and their corresponding penalties under Tennessee law:
Simple assault can be classified into different levels of severity:
- Class A Misdemeanor: Penalty: Up to 11 months and 29 days in jail and a fine of up to $2,500.
- Class B Misdemeanor: Penalty: Up to six months in jail and a fine of up to $500.
Aggravated assault involves more severe circumstances, such as causing serious bodily injury, injury to the mouth, throat, or nose area, or using a deadly weapon:
- Class C Felony: Penalty: 3 to 15 years in prison and a fine of up to $10,000.
When an assault occurs between family or household members (former or current), it can be classified as domestic assault:
- Class A Misdemeanor: Penalty: Up to 11 months and 29 days in jail, a fine of up to $2,500 and a lifetime prohibition of possessing a firearm.
Aggravated domestic assault involves an aggravated assault in a domestic relationship:
- Class C Felony: Penalty: 3 to 15 years in prison and a fine of up to $10,000.
Additionally, keep this in mind:
- Prior Convictions: Repeat offenders may face enhanced penalties.
- Restitution: Offenders may be required to pay restitution to the victim for medical expenses, lost wages, and other related costs.
- Protective orders: In cases of domestic assault, the court may issue protective orders to prevent further contact between the offender and the In some cases, these orders can keep you from being able to see your minor children.
Assault charges and penalties can seriously impact your life. As your attorneys, we will look for the best ways to protect you. No matter what anyone claims, you have rights and legal options. We will help you understand how to use those rights and options to fight back.
Do I need a Nashville criminal defense attorney after assault charges?
Yes, you should have an attorney if you are facing assault charges. Remember that having an attorney is your right. A Nashville criminal defense attorney is important for several reasons:
- Understanding of the law: Your criminal defense attorney has a thorough understanding of Tennessee's assault laws and can help navigate the complexities of your case.
- Case evaluation: We can assess the specifics of your case, including evidence, witness statements, and any mitigating factors, to develop a strong defense strategy.
- Constitutional rights: An attorney ensures that your constitutional rights are protected throughout the legal process.
- Legal procedures: We can identify any procedural errors or violations of your rights that could result in the dismissal or reduction of charges.
- Tailored defense: An experienced attorney can craft a defense strategy tailored to the specifics of your case, whether it's self-defense, mistaken identity, lack of intent, or another defense.
- Negotiation skills: We can negotiate with prosecutors to potentially reduce charges, secure a favorable plea deal, or minimize penalties.
- Advocacy in court: Your attorney will represent you in court, making arguments, cross-examining witnesses, and presenting evidence on your behalf.
- Professional experience: We bring experience and knowledge of courtroom procedures and can effectively navigate the legal system.
- Reduced sentencing: An attorney can work to mitigate the penalties you face, potentially reducing jail time, fines, or other consequences.
- Alternative sentencing: We may be able to negotiate alternative sentencing options, such as probation, community service, or anger management programs.
- Guidance and support: Facing assault charges can be stressful and overwhelming. An attorney provides guidance, support, and peace of mind throughout the process.
- Impact on record: An assault conviction can have long-term consequences on your criminal record, employment opportunities, and personal life. We do everything in our power to minimize these effects.
How does your lawyer defend against assault charges in Nashville?
Effective defense against assault charges in Nashville requires a personalized approach that your lawyer will develop based on what is best for you. Here are some examples:
- Self-defense: Our team can argue that you were acting to protect yourself from imminent harm and demonstrate that the force used was proportional considering the threat you faced.
- Defense of others: We show that you were defending another person who was in danger and prove that the threat to the other person was immediate and severe.
- Lack of intent: Our team works to show that any contact made was accidental and not intentional. We prove that there was no intention to cause harm or fear of harm.
- Consent: We can show that the alleged victim consented to the conduct, such as in a mutually agreed-upon fight. Highlight any evidence that indicates voluntary participation by the alleged victim.
- Mistaken identity: Provide evidence that you were not present at the scene when the assault occurred. Use witness statements to support your claim of mistaken identity.
- Surveillance footage: Present any video evidence that shows you were elsewhere.
- Insufficient evidence: Argue that the prosecution has not met the burden of proof beyond a reasonable doubt. Cross-examine witnesses to highlight inconsistencies or lack of credibility. Point out the absence of physical evidence linking you to the assault.
- Constitutional violations: Argue that evidence was obtained through unconstitutional means. Claim that your rights were violated if you were not properly informed of your Miranda rights during interrogation.
- Plea bargaining: Negotiate with the prosecution to reduce charges or penalties. Seek alternative sentencing options such as probation, community service, or anger management classes.
Steps your Nashville assault defense lawyer will take
When you entrust us with representing you, we take a variety of steps to work toward the best possible outcome:
- Initial consultation: Assess the facts of your case and discuss how the current law would apply to your case.
- Evidence gathering: Collect and review all evidence, including police reports, medical records, witness statements, and surveillance footage.
- Pre-trial motions: File motions to suppress evidence or dismiss charges if there are grounds to do so.
- Investigation: Conduct a thorough investigation, potentially hiring private investigators or expert witnesses.
- Negotiation: Engage in plea negotiations with the prosecutor if it is in your best interest.
- Trial preparation: Prepare for trial by developing a comprehensive defense strategy, including witness preparation and evidence presentation.
- Court representation: Represent you in court, presenting your defense, cross-examining witnesses, making legal arguments, and fighting against the government to protect you and your future.
Do you have a Nashville assault defense lawyer near me?
Waynick Law PLLC serves clients out of its offices at 95 White Bridge Road, 5th Floor – Suite 512B, Nashville, TN 37205 and 504 E. College Street, Dickson, TN 37055. If you are unable to come to our offices, we can make arrangements to meet with you elsewhere. We can also discuss most matters over the phone.
When you’re facing assault charges, talk to an experienced Nashville defense lawyer
Facing assault charges in Nashville is a serious matter that requires immediate and expert legal assistance. Don’t go through this challenging time alone — talk to an experienced Nashville criminal defense attorney at Waynick Law today. With a deep understanding of Tennessee's assault laws, a commitment to protecting your rights, and the ability to craft a strong defense strategy, our dedicated lawyer can significantly affect the outcome of your case. Act now to ensure the best possible defense and protect your future. To schedule a meeting with an experienced criminal defense attorney, simply call our offices or fill out our contact form.