Have you or a loved one been charged with assault? Assault charges are normally categorized as state crimes and can be tried as a misdemeanor or felony. Understanding the differences between what constitutes a felony or misdemeanor assault charge can be very helpful. The Memphis assault attorney at the Law Office of Stephen R. Leffler, P.C. bring more than 30 years of legal experience to the table. Our clients have found that we are personable, laid back, and act as a capable advisor for their legal situations.
Have you been charged with assault? Call our firm (901) 509-9112 or contact us online for experienced legal representation.
What Is An Assault Charge?
An assault charge refers to a criminal charge that is typically brought against an individual who is alleged to have intentionally and unlawfully caused apprehension of imminent physical harm or injury to another person.
The specific elements and definitions of assault can vary by jurisdiction, but here are some common features of assault charges:
- Intent: Assault typically requires that the accused person had the intention to cause apprehension of harm or violence. This means they must have acted purposefully or knowingly to make the victim fear for their safety.
- Apprehension of Harm: The victim must reasonably believe that they are in imminent danger of physical harm or injury as a result of the defendant's actions. It is not necessary for actual physical contact to occur for an assault charge to be filed.
- Threatening Behavior: Assault can take various forms, including verbal threats, menacing gestures, or physically moving toward someone in a threatening manner. The specific actions that can lead to an assault charge may vary by jurisdiction.
- No Actual Harm Required: It's important to note that in an assault charge, there doesn't have to be actual physical harm or contact. The focus is on the victim's perception of a threat and their reasonable fear of impending harm.
- Degrees of Assault: In some jurisdictions, assault charges may be categorized into different degrees or levels, depending on the severity of the alleged threat or the presence of aggravating factors. For example, simple assault may be a lesser offense than aggravated assault, which could involve the use of a weapon or the intent to cause serious bodily harm.
Assault charges can also be connected to related offenses, such as battery. Battery involves actual physical contact or harm caused intentionally, as opposed to the fear of harm associated with assault.
It's important to consult the specific laws in your jurisdiction, as the elements and definitions of assault can vary from place to place. If you are facing an assault charge or have questions about assault laws, it is advisable to seek legal counsel from an attorney who specializes in criminal defense. An attorney from our firm can help you understand the charges, potential defenses, and the legal process.
Misdemeanor vs. Felony Assault Charges in Tennessee
If you have been charged with assault, there are certain factors which can constitute whether the charges you are facing are felony or misdemeanor. Simple assault is usually a misdemeanor charge since it involves minor injuries like bumps, bruises, and scratches. Aggravated assault is normally classified as a felony because it involves greater injuries or strangulation in addition to other specific circumstances. Depending on the relationship between parties involved, the assault charge can also be domestic violence.
Can a Simple Assault Charge be Expunged in TN?
No. In Tennessee, if you are convicted of simple assault or aggravated assault, it will be on your record forever. Don't let a simple bar fight ruin your life! Call us today!
- Factors that can be examined in the domestic violence charge include:
- The severity of injuries
- The alleged victim feared for their well-being
- Was the alleged victim a transit system or public employee
- The alleged offender is under diversion or a probation agreement
I don't think you will ever regret hiring Mr. Leffler.S.M.
Attorney Stephen and investigator Tim were very professional with meR.R
THANK YOU SO MUCH!!!K.F.
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How To Beat Aggravated Assault Charges in TN?
In Tennessee, first time offenders of aggravated assault that have no previous convictions resulting in jail time could receive something called a judicial diversion. This would occur if the judge postpones the actual sentencing for a given period of time. During that time, the offender may need to adhere to probationary guidelines, attend counseling, or complete community service. During that set period of time and if the offender does not find themselves in any additional trouble - the judge could dismiss the charges. However, each case of assault is different so reach out to our skilled Memphis assault lawyers today.
Need Reliable Defense For Assault? Contact (901) 509-9112 Today!
If you are facing felony assault charges, you can be facing serious consequences that includes prison time, fines, and a revoking of your rights. Our Memphis assault attorney at the Law Office of Stephen R. Leffler, P.C. can provide you with experienced and thorough representation. We work as an advisor for our clients and provide them with information regarding their potential legal options for their situation.
Call our firm at (901) 509-9112 to learn how our Memphis assault defense Lawyer can help you!
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