Not all assault cases in Tennessee are created equal. What might seem like the same type of altercation on the surface can be treated very differently, especially when injuries enter the picture.
Assault with bodily harm vs. simple assault can lead to very different outcomes in court. Here is what each one really means in the Tennessee court system.
Assault with Bodily Harm Is Not a Formal Charge
In Tennessee, assault with bodily harm is not what you will see in the statute. This is more of a descriptive phrase people use to talk about an assault that caused injury. In a legal sense, these situations fall under:
- Assault (when it involves bodily injury), or
- Aggravated assault if the injury or circumstances meet the felony-level definitions
Simple assault covers a range of behavior. This is more than physical fights. A person can be arrested and charged with simple assault if they:
- Intentionally or knowingly cause bodily injury
- Attempt to cause injury
- Cause someone to reasonably fear immediate harm
- Engage in offensive or provocative physical contact
That last one can include unwanted grabbing or shoving. And this can happen without any visible injury. Simple assault charges are classified as Class A misdemeanors. They can carry:
- Up to 11 months and 29 days in jail
- Fines up to $2,000
Injuries Change the Situation
Depending on the severity of the injury or other factors, a case may be elevated to aggravated assault. The presence of injury can also influence:
- How the prosecution approaches the case
- Whether a plea deal is offered
- What sentence a judge will impose
Under Tennessee law, injuries can include:
- Bruises
- Cuts
- Physical pain
- Temporary illness or impairment
Once injury is part of the picture, the case is taken more seriously.
How Does a Charge Become an Aggravated Assault?
An assault may be charged as aggravated assault. This is a felony, and certain factors must be present, such as:
- Serious bodily injury
- Use of a deadly weapon
- Assault against certain protected individuals, such as law enforcement
- Strangulation or attempted strangulation
The severity of that harm determines whether the case remains a misdemeanor or becomes something more serious.
At first, the difference between simple assault and assault with bodily harm might seem like semantics. However, it can influence everything from how the case is charged to how it’s resolved.
And if the injury crosses into serious territory, that can lead to elevated charges. When a crime jumps from a misdemeanor to a felony, you could be left with long-term consequences upon a conviction.
What Are the Penalties?
If a case stays at the simple assault level, the consequences can still go beyond a potential jail sentence. Courts may also impose:
- Probation
- Anger management classes
- No-contact orders
- Community service
And then there are the ripple effects. You will have a criminal record that shows up on background checks. Along with that, potential employment challenges, housing, or licensing issues.
Unfortunately, the real-world impact can extend well outside of the courtroom.
These Assault Cases Require Your Attention
Assault with bodily harm vs. simple assault in Tennessee can have serious repercussions. The line between simple assault and what people call “assault with bodily harm” comes down to what happened and how much harm was done.
This is where the small details can make a big difference. And if you’re trying to make sense of it all, you need an experienced Tennessee criminal defense team on your side.
At Easter & DeVore, Attorneys at Law, we are ready to help you through this process, from the first court appearance to learning about your options. Schedule a consultation today to discuss your case.
