Assault Defense Attorneys in Nashville, Tennessee

Sometimes, an incident can end up escalating into a violent confrontation. When this happens, you could be accused of assault and face criminal charges.  

If you are facing an assault charge, your future and your freedom are at stake. Even if you have evidence that supports your innocence, you need the legal guidance of an experienced assault defense attorney in Nashville, Tennessee.  

Attorney Frank Brazil will work tirelessly to advocate for your rights, develop a strong defense strategy, and minimize the impact of an assault charge on your life. With an office in Nashville, Brazil Clark, PLLC, also serves Rutherford County.  

Defining Assault  

Touching someone in an offensive manner can result in criminal charges. However, you can also face criminal charges even if you make no physical contact. While definitions of assault and battery vary from one state to another, Tennessee law defines assault as intentionally and unlawfully causing bodily injury to another person. Assault charges also apply when your words or actions cause another person to fear that bodily injury is imminent. Thus, you do not necessarily need to make physical contact to face assault charges in Tennessee.  

Types of Assault  

Tennessee law breaks down assault cases into two categories: 

1. Simple (general) assault, which is charged as a Class A or Class B misdemeanor; and 

2. Aggravated assault, which is charged as a felony.  

Under Tennessee law, simple assault is defined as knowingly, recklessly, or intentionally:  

• causing bodily injury to a person; 

• causing a person to fear that bodily injury is imminent; or, 

• having physical contact with a person that would be considered offensive or provocative under the “reasonable person” standard.  

Common examples of simple assault include raising a fist at someone in a threatening manner and pushing a person away in a heated argument.  

Aggravated assault charges apply when you knowingly, recklessly, or intentionally do any of the following:  

• inflict serious bodily injury to a person; 

• attempt to inflict serious bodily injury to a person; 

• attempt to cause bodily harm while being subject to a court order that prevents such contact; 

• inflict bodily harm on an on-duty government employee; or, 

• commit assault while brandishing a weapon.  

Parents and guardians can also face aggravated assault charges for their refusal to protect a child or disabled adult in their care from abuse/assault. Examples of aggravated assault include waving a knife while threatening to hurt a person and using a glass bottle to hit a person on the head.  

Possible Penalties

Depending on the severity of the assault charge, the consequences can be severe. Penalties can range from fines to a jail or prison sentence. If a weapon was used in the assault, penalties can become much more severe.  

In many cases, the consequences of an assault charge can reach far beyond the courtroom. It can affect your personal and professional life, limit your educational opportunities, or affect your ability to secure a job. It is essential to work with an assault defense attorney to protect your rights and minimize the impact of an assault charge on your life. 

Possible Defenses 

Fighting against assault charges requires you to have a strong defense strategy. Possible defenses to assault charges include but are not limited to: 

• Self-defense. Self-defense is a commonly used defense in assault cases in Tennessee and other states. If you were acting to protect yourself, then it is likely that your attorney could argue that your actions were justified. Self-defense actions should be reasonable and proportionate to the perceived threat.  

• The police have the wrong person. It is entirely possible that the police have arrested the wrong person for an assault crime. Eyewitness testimony can be unreliable, and it is possible that the victim could have misidentified the perpetrator. Your attorney could argue that you are not the person who committed the assault and present evidence to prove this case.  

• No intent to commit assault. In a criminal case, the prosecution must prove that the defendant had the intent to commit the crime. This means that you could argue that you did not have the intention to commit assault.  

• No assault. Assault is a crime that involves the intent to cause harm to another person. If you did not commit an actual assault, then the charges against you may not stick. Your attorney would need to show that your actions did not meet the legal definition of an assault. 

• Duress. Sometimes, people commit assault under duress, meaning they are under extreme pressure to do something against their will. If you can prove that someone forced you to act, then this could work as a defense against assault charges.  

Other defense strategies may be available depending on the facts and circumstances of your assault case. Consider contacting Brazil Clark, PLLC, to set up a case evaluation and discuss your defense options.  

How an Assault Defense Attorney Can Help

The experienced and results-driven assault defense attorneys at Brazil Clark, PLLC, can provide advice, support, and guidance throughout the legal process if you are facing assault charges. Attorney Frank Brazil will work to minimize the impact of an assault charge on your life, negotiate possible plea bargains, advocate for a more lenient sentence, or fight the charges in court. The law firm can also undertake investigations, interview witnesses, review police reports, and gather other evidence to build the best possible defense.