Aggravated Assault
A common criminal charge that I deal with is Aggravated Assault. The first place to start in evaluating a criminal case is a thorough review of the associated code. I strongly suggest the first thing a defendant do, after hiring experienced counsel, is to request a copy of, and review, the law they are accused of violating. It is impossible to have an intelligent conversation about the facts of a case if you’re not even sure what you are accused of.
For aggravated assault the proper code section is T.C.A. § 39-13-102. While there are additional ways an individual can commit aggravated assault, the most likely applicable sections of the code read as follows:
A person commits aggravated assault who:
Intentionally or knowingly commits an assault as defined in § 39-13-101, and the assault:
Results in serious bodily injury to another;
Results in the death of another;
Involved the use or display of a deadly weapon; or
Involved strangulation or attempted strangulation; or
Recklessly commits an assault as defined in § 39-13-101(a)(1), and the assault:
Results in serious bodily injury to another;
Results in the death of another; or
Involved the use or display of a deadly weapon.
As you may have guessed, T.C.A. 39-13-101 is the statute defining simple assault. There is a common misconception among the public that aggravated assault requires physical injury to the alleged victim. In fact, displaying a deadly weapon and the resultant fear can be equally as assaultive in the eyes of the state. I have dealt with many cases through the years where the individual accused was charged with a serious violent felony for the alleged display of something as simple as a pocket knife or ball bat.
When charged under the serious bodily injury qualification, it is equally important to be able to define serious bodily injury and understand the definition of what constitutes “serious”. Many times the alleged victims injuries have a tendency to increase in severity as a Court date nears. Retrieving and reviewing medical records often helps to build a solid defense.
Issues such as these, of which I have barely scratched the surface, need to be addressed with counsel to be able to effectively defend oneself from a criminal conviction for aggravated assault.
