Dickson Assault Defense Attorney
Facing assault charges in Dickson? We are ready to fight to protect you
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Choosing the right law firm can be tough. You don’t just need a lawyer—you need a warrior who will fight relentlessly for your rights and to protect your future. At Waynick Law, we are that warrior. Our experienced team stands ready to battle against injustice, armed with the resources and skills to fiercely defend you. We don’t just take cases; we represent people. When you work with us, you’ll receive the personal attention and commitment you deserve from a defense attorney who’s ready to listen to your story and fight for your future. Contact Waynick Law— your defense is our mission.
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Understanding assault
The way people use the term “assault” may differ from the legal definition. In fact, many people are surprised to learn that in Tennessee, they can face charges for assault without ever making physical contact with the person they allegedly assaulted.
In Dickson, Tennessee, the Tennessee Code Annotated (TCA) defines assault. There are different assault categories, including simple assault and aggravated assault. The type of charges will impact the type of penalties a person might face.
Simple assault (TCA § 39-13-101)
Simple assault occurs when a person:
- Injures another intentionally, knowingly, or recklessly.
- Intentionally or knowingly causes another person to experience fear of imminent bodily injury. The fear must be reasonable.
- Intentionally or knowingly causes physical contact with another person that a reasonable person would consider that contact extremely offensive or provocative.
Aggravated assault (TCA § 39-13-102)
Charges for aggravated assault are more serious. This crime typically involves:
- Intentionally or knowingly assaulting someone resulting in serious bodily injury.
- Displaying or using a deadly weapon while carrying out an assault.
- Assaulting someone and causing bodily injury to them while restraining them.
- The assault of a public servant, law enforcement officer, or healthcare provider who is performing official duties at the time of the assault.
Reckless endangerment (TCA § 39-13-103)
Reckless endangerment involves:
- Engaging in conduct that places or may place another individual in imminent danger of serious bodily injury or death.
- The term "reckless" indicates that the person knows but chooses to consciously disregard some substantial and unjustifiable risks that their conduct creates. The risk needs to constitute a gross deviation from the standard of care that ordinary people would use in any circumstances.
A Dickson criminal defense attorney can explain the charges and potential penalties as they may apply in your case.
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Potential penalties you may face for assault charges in Dickson
In Dickson, penalties related to assault will differ based on which type of assault charges you are facing. There are also circumstances that may influence the penalties, such as past convictions. With that said, here is a quick breakdown of assault types and the related penalties in Tennessee:
Simple assault falls into differing levels of severity:
- Class A Misdemeanor: If the charges are for a Class A misdemeanor, the consequences may include jail time of up to 11 months and 29 days, along with a fine of up to $2,500.
- Class B Misdemeanor: Class B is a slightly less serious offense, and the jail time would max out at 6 months. The court may also order a fine of up to $500.
Aggravated assault charges involve harsher penalties. For instance, if the injury involves a serious bodily injury, injury to the throat, mouth or nose area, or the alleged assault included the use of a deadly weapon, these charges may result, and the penalties can be more serious.
- Class C Felony: The prison time for a Class C felony falls between 3 and 15 years. The crime may also include fines of up to $10,000.
Assault charges that involve violence between current or former family or household members may qualify as domestic assault, potentially leading to different penalties:
- Class A Misdemeanor: A Class A misdemeanor can result in jail time of up to 11 months and 29 days and a fine of up to $2,500. Domestic assault charges can also cause a person to lose their right to possess firearms.
Aggravated domestic assault includes an aggravated assault that occurs within a qualifying domestic relationship:
- Class C Felony: Penalty: Prison time between 3 and 15 years and a fine of up to $10,000.
Additionally, keep in mind that other variables may impact your case, including:
- Prior Convictions: Repeat offenders often face harsher penalties than first-time offenders.
- Restitution: Courts may require that offenders pay restitution to the victim. Restitution may include coverage of medical expenses, lost wages, and other costs related to the charges.
- Protective orders: If the case involves domestic assault, courts may issue a protective order to prevent future contact between the parties. Sometimes, such orders can result in restrictions on your ability to see your children.
The effect of assault charges can be devastating for your life and your family. As your lawyers, it’s our job to fight to protect you. Whatever anyone claims, the law provides you with rights and legal options. We work with you to use those rights to push back.
If I’m facing assault charges, do I need a Dickson criminal defense attorney?
Yes. If you are facing criminal assault charges, you need to have an attorney. The law states that it is your right to have a lawyer. Hiring a Dickson criminal defense attorney is a smart decision for many reasons:
- Explaining the law: It’s your attorney’s job to understand Tennessee's assault laws. A Dickson criminal assault defense lawyer can help you navigate your case, understand what you’re up against, and give you the information you need to assert your rights.
- Careful evaluation of the facts: We can assess the specific facts in your case, including all evidence, witness statements, and any other mitigating factors. This careful analysis allows us to find the best strategy for defending you against the charges.
- Legal procedures: Procedural errors can result in flawed evidence and may even lead to violations of your rights. Such mistakes can impact your case. If law enforcement officers or the state violated your rights or made serious errors in their investigation or interrogations, this could help us argue to reduce or dismiss the charges.
- Protection of your constitutional rights: While the Constitution allows you many protections, it’s often up to your attorney to ensure that the state doesn’t violate your rights throughout the legal process.
- Negotiation skills: If possible, we may attempt to negotiate with the prosecution. This approach sometimes allows us to reduce the charges, secure favorable plea deals, or minimize any penalties.
- Tailored defense: The best choice may be self-defense, mistaken identity, lack of intent, or another defense. Your attorney will want to find the best options for you to fight back.
- Represent you in court: In the courtroom, your attorney will represent you and advocate on your behalf. This means arguing on your behalf, cross-examining opposing witnesses, and presenting evidence that supports your case.
- Professional experience: Our lawyers leverage their experience and in-depth knowledge of the law and courtroom procedures to help you reach a positive resolution in your case.
- Minimize penalties and sentences: Your attorney can look for ways to reduce the penalties you are facing. They might be able to achieve shorter sentences, lower fines, or reduce other consequences related to the charges.
- Alternative sentencing: Sometimes, your attorney can negotiate with the opposition to achieve alternative sentencing options. As a result, you may be able to perform community service, face probation, or undergo anger management programs rather than time in prison.
- Support: Facing assault charges can be extremely stressful. Your attorney can answer your questions while offering you support and guidance. As your advocate, we can help you know what to expect and hopefully put your mind at ease.
- Reduce the impact of a criminal record: The consequences of assault charges can last a lifetime. Your criminal record may impact your personal life or employment opportunities. We strive to minimize the impact of criminal charges on your life and future.
How can Waynick Law defend me against assault charges in Dickson?
When it comes to assault charges in Dickson, the right defense strategy will vary based on the facts in your case. Choosing a strategy requires careful attention. Here are a few possible defenses that might apply in your case:
- Self-defense: In some cases, we might show evidence that you acted to protect yourself and that you were facing imminent harm. If possible, we may argue that the force or threats you used were a proportionate and reasonable response to the danger you were facing.
- Defense of others: Like your right to defend yourself, the law allows you to defend another person who is facing imminent danger. If the situation allows, we may argue that another person faced immediate and severe danger and that, as a result, your actions were justified.
- Lack of intent: Our team may be able to show that any contact between you and the accuser was accidental. Assault charges require that you have the right state of mind or “intent.” If possible, we may work to prove that you did not intend to harm anyone or to make them fear that you would harm them.
- Consent: If there is evidence that the conduct occurred in a fight that you and the alleged victim agreed to engage in, we may argue that they consented. Here, we would want to present any evidence that indicates that the accuser was a willing participant.
- Mistaken identity: We may provide evidence that you were not present at the scene when the assault occurred. Witnesses can also offer support for your claim of mistaken identity.
- Surveillance footage: If it exists, we can present any video evidence that shows you were not near the location of the alleged assault.
- Constitutional violations: If there are facts that show that evidence was obtained through unconstitutional means, we may claim that your rights were violated. For instance, we may choose to attack the evidence from your statements if officers neglected to properly inform you of your Miranda rights before an interrogation.
- Insufficient evidence: We may argue that the prosecution failed to meet the burden of proof beyond a reasonable doubt. Our team can cross-examine witnesses to point out inconsistencies or dispute their credibility. We may also point out that the opposing side lacks sufficient physical evidence and, therefore, failed to link you to the assault.
- Plea bargaining: Plea bargains involve negotiations with the prosecution. We may be able to work toward a reduction in charges or penalties. If possible, in your situation, we may also seek alternative penalties, including community service, probation, or anger management courses rather than jail time.
Steps your Dickson assault defense lawyer can take
The attorneys at Waynick Law are dedicated and aim to achieve the best possible outcome. Some steps we may take include:
- First consultation: We listen to you to hear your story, and then we review the facts and discuss how the law may apply.
- Evidence gathering: We work to collect evidence in your case, which may include witness statements, surveillance footage, police reports, and medical records.
- Pre-trial motions: We may file pre-trial motions, including motions to suppress evidence or to dismiss the charges if we identify the grounds to make such arguments. Motions to suppress can remove evidence from the case if the police collected it improperly. Actions like this can chip away at the case against you.
- Investigation: We may potentially hire private investigators to help collect more evidence.
- Negotiation: If possible, we’ll consider the potential benefits of plea negotiations with the prosecutor.
- Trial preparation: We never back down from a fight. Our team may prepare for trial by developing a comprehensive defense strategy, including preparing our witnesses and finding effective ways to present our evidence.
- Court representation: We can represent you in court, which includes presenting your defense. Our attorneys may cross-examine witnesses to show inconsistencies in their claims and craft legal arguments, all to fight back against the government and the charges.
Do you have a Dickson assault defense lawyer near me?
Waynick Law PLLC serves clients out of its office at 504 E. College Street, Dickson, TN 37055. We also have an office located at 95 White Bridge Road, 5th Floor – Suite 512B, Nashville, TN 37205. If you cannot come to our offices, we can arrange to meet with you elsewhere. We can often discuss matters over the phone as well.
When you’re facing assault charges, talk to an experienced Dickson defense lawyer
Assault charges are serious. Your best course of action if you are facing assault-related charges in Dickson is to reach out to an experienced criminal defense lawyer. Hiring an attorney means having a protector who is looking out for you and your best interests. To get in touch with Waynick Law, call us today or fill out our contact form.