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  1. #1
    Join Date
    Jun 2005
    Location
    Tennessee
    Posts
    3

    Default Help with an Assault Charge

    A friend of mine attacked a guy from the back, got into a fight, broke his nose, and the guy was taken to the hospital. He had gone out with my friend's girlfriend. This guy spent the night in the hospital. My friend continued to call the guy for approximately 2 weeks after this, until a court order was issued to him to leave this guy alone. The young men are 23 years old. How much trouble is my friend in, and what is the legal process in this case going to court.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Criminal Assault & Battery

    As we don't know what charge your friend faces, it is impossible for us to assess his situation beyond this: He should consult a criminal defense lawyer.

  3. #3
    Join Date
    Jun 2005
    Location
    Tennessee
    Posts
    3

    Default

    He is facing an assault and battery charge.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Assault and Battery

    Simple assault? Felonious assault? Aggravated assault? Assault with intent to cause great bodily harm? Assault with intent to injure? ....

  5. #5
    Join Date
    Jun 2005
    Location
    Tennessee
    Posts
    3

    Default

    Aggravated assault

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Tennessee Aggravated Assault

    Tennessee's basic assault statute provides:
    Quote Quoting Tennessee Code Section 39-13-101. Assault.
    (a) A person commits assault who:

    (1) Intentionally, knowingly or recklessly causes bodily injury to another;

    (2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or

    (3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.

    (b) (1) Assault is a Class A misdemeanor unless the offense is committed under subdivision (a)(3), in which event assault is a Class B misdemeanor.

    (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 victim as defined in § 36-3-601(8), and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200). Such additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the same to the general fund. All such fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. Such appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411.
    Tennessee's aggravated assault statute references that prior statute, and provides:
    Quote Quoting Tennessee Code Section 39-13-102. Aggravated assault.
    (a) A person commits aggravated assault who:

    (1) Intentionally or knowingly commits an assault as defined in § 39-13-101 and:

    (A) Causes serious bodily injury to another; or

    (B) Uses or displays a deadly weapon; or

    (2) Recklessly commits an assault as defined in § 39-13-101(a)(1), and:

    (A) Causes serious bodily injury to another; or

    (B) Uses or displays a deadly weapon.

    (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 such 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 such individual or individuals.

    (d) (1) Aggravated assault under subdivision (a)(1) or subsection (b) or (c) is a Class C felony. Aggravated assault under subdivision (a)(2) is a Class D felony. The court shall consider as an enhancement factor at the time of sentencing that the victim of the aggravated assault was a law enforcement officer, firefighter, correctional officer, youth services officer, probation and parole officer, or a state registered security officer/guard performing an official duty or an employee of the department of correction or the department of children's services; provided, that such officer or employee was performing an official duty. The court shall consider as an enhancement factor at the time of sentencing that the victim of the aggravated assault was an emergency medical or rescue worker, emergency medical technician, or paramedic, whether compensated or acting as a volunteer; provided that such technician or worker was performing an official duty.

    (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 victim as defined in § 36-3-601(8), and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200). Such additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the same to the general fund. All such fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. Such appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411.
    So the possible penalty depends upon the subsection under which he is charged.

    It appears that he is charged with a felony offense, and thus it would be a good idea for him to consult a criminal defense lawyer at his earliest convenience.

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