Will I Go to Prison for an Assault Without an Injury?
When a heated argument escalates to violence, the parties involved could face charges of assault. If you made physical contact with another person during a fight, you may wonder if you could still be prosecuted even if there were no lasting injuries. In these situations, the best thing you can do is to seek out a Blount County criminal defense attorney who is well-versed in Tennessee’s assault laws. Attorney Jeffrey Coller has over 10 years of legal experience, with a history of strong case results.
Regardless of whether or not you caused any injuries, you should know that you could face serious penalties. Jeffrey Coller, Knoxville Criminal Defense Attorney can review the details of your assault case and give you an idea of the charges you face. When you work with our firm, we will aggressively defend you against allegations of assault as we pursue an optimal outcome to your case.
What Kind of Physical Contact Counts as Assault?
Assault is defined as "knowingly or recklessly" injuring another person. Based on this definition, you might assume that an assault that does not leave a mark is not punishable by law. However, the statute for assault in Tennessee (Tenn. Code Ann. § 39-13-101) includes other definitions.
According to the statute, you could also be charged with assault for making highly offensive or provocative physical contact with another person. Under this definition, you could be charged with assault for aggressively shoving or slapping someone. Even poking someone could be considered assault.
Can I Be Charged With Assault Without Making Contact?
Tennessee law does not operate on the principle of "no harm, no foul." You could still be arrested for assault if you do something that puts another person in a reasonable fear of bodily harm. As such, you could be prosecuted just for throwing a punch if the victim feared for his or her safety.
More seriously, you could face charges of aggravated assault for threatening somebody else with a deadly weapon. This is a felony offense, carrying much more serious penalties.
How Serious Is an Assault Charge in Tennessee?
At a minimum, a charge of assault is a Class B misdemeanor if it only involved provocative or offensive physical contact. This can be punished by up to six months in prison, and the collateral consequences may be even worse. Having a violent misdemeanor on your record may impact your ability to find employment or housing, as it will appear on background checks.
Assault by putting somebody in fear of physical harm is a Class A misdemeanor, punishable by no more than a year in prison. Aggravated assault is, at a minimum, a Class C felony, carrying anywhere from two to 12 years in prison.
From all of this, one thing should be clear – it is not worth risking months in prison over a fight that may only last a minute. Our firm can provide you with a careful defense, looking for ways to minimize the long-term damage.
Contact a Knox County, TN Assault Defense Lawyer
Minor acts of physical aggression can result in serious criminal charges. If you have been charged with misdemeanor or felony assault, do not hesitate to reach out to Jeffrey Coller, Knoxville Criminal Defense Attorney. Our Blount County, TN criminal defense attorney can help to protect your future. Call us at [865-281-1000 for a free consultation.