TCA 39-13-102
Aggravated assault
What does this charge mean?
Aggravated assault is assault committed with a deadly weapon (a firearm or anything designed to cause death or serious injury) or assault that causes serious bodily injury (substantial risk of death or permanent damage); this is a Class D felony (2 to 12 years in prison, up to $5,000 fine), but can be elevated to a Class C or B felony depending on aggravating circumstances like the severity of injury or use of weapons.
Penalty Details
(a) (A) A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury. See Tennessee Code 39-11-106Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.Defendant: means a person accused of an offense under this title and includes any person who aids or abets the commission of such offense. See Tennessee Code 39-11-106Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Minor: means any person under eighteen (18) years of age. See Tennessee Code 39-11-106Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.Serious bodily injury: means bodily injury that involves:(A) A substantial risk of death. See Tennessee Code 39-11-106Services: includes labor, skill, professional service, transportation, telephone, mail, gas, electricity, steam, water, cable television, entertainment subscription service or other public services, accommodations in hotels, restaurants or elsewhere, admissions to exhibitions, use of vehicles or other movable property, and any other activity or product considered in the ordinary course of business to be a service, regardless of whether it is listed in this subdivision (a)(38) or a specific statute exists covering the same or similar conduct. See Tennessee Code 39-11-106State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105(1) A person commits aggravated assault who: (A) Intentionally or knowingly commits an assault as defined in § 39-13-101, and the assault: (i) Results in serious bodily injury to another; (ii) Results in the death of another; (iii) Involved the use or display of a deadly weapon; or (iv) Involved strangulation or attempted strangulation; or (B) Recklessly commits an assault as defined in § 39-13-101(a)(1), and the assault: (i) Results in serious bodily injury to another; (ii) Results in the death of another; or (iii) Involved the use or display of a deadly weapon. (2) For purposes of subdivision (a)(1)(A)(iv), “strangulation” means intentionally or knowingly impeding normal breathing or circulation of the blood by applying pressure to the throat or neck or by blocking the nose and mouth of another person, regardless of whether that conduct results in any visible injury or whether the person has any intent to kill or protractedly injure the victim. (b) A person commits aggravated assault who, being the parent or custodian of a child or the custodian of an adult, intentionally or knowingly fails or refuses to protect the child or adult from an aggravated assault as defined in subdivision (a)(1) or aggravated child abuse as defined in § 39-15-402. (c) A person commits aggravated assault who, after having been enjoined or restrained by an order, diversion or probation agreement of a court of competent jurisdiction from in any way causing or attempting to cause bodily injury or in any way committing or attempting to commit an assault against an individual or individuals, intentionally or knowingly attempts to cause or causes bodily injury or commits or attempts to commit an assault against the individual or individuals. (d) [Deleted by 2018 amendment.] (e) (1) (A) Aggravated assault under: (i) [Deleted by 2018 amendment.] (ii) (a) Except as provided in subdivision (e)(1)(A)(ii)(b), subdivision (a)(1)(A)(i), (iii), or (iv) is a Class C felony; and (b) If the victim is pregnant at the time of the offense, subdivision (a)(1)(A)(iv) is a Class B felony; (iii) Subdivision (a)(1)(A)(ii) is a Class C felony; (iv) Subdivision (b) or (c) is a Class C felony; (v) Subdivision (a)(1)(B)(i) or (iii) is a Class D felony; (vi) Subdivision (a)(1)(B)(ii) is a Class D felony. (B) Notwithstanding the authorized fines established in § 40-35-111, a violation of this section is punishable by a fine not to exceed fifteen thousand dollars ($15,000), in addition to any other punishment authorized by § 40-35-111. (2) In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such that the victim is a domestic abuse victim as defined in § 36-3-601, and if, as determined
Recent Bookings with this Charge
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Sullivan Co. · Mar 22, 2026
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Jared Friedman
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Jeffrey Neely
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Tionne Woodall
Hamilton Co. · Mar 16, 2026
Lauren Cain
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Matthew Davis
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Anthony Coffey
Sullivan Co. · Mar 16, 2026
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