Accused of Aggravated Assault

[archetype]

My question involves criminal law for the state of: Tennessee.

My girlfriend of 5 years was driving. We both had too much to drink. We were arguing. We had just dropped a friend off down the street. She hit the break about a 1/3 mile down the road from where we just stopped. I told her to let me out of the car. I wanted to avoid the confrontation. Her passenger door does not open from the inside. I climbed over her and fell out of the driver side. She fell out with me. She had left the car in drive. The car rolled back onto our legs. We both screamed for help. We were in the middle of the road, and a fire dept was on the corner. Two firemen came out. One came up and asked what happened. I explained that we were arguing, I was trying to leave the vehicle, about the passenger door, and that we both fell out in the process. He got in the car and pulled it forward letting us out.

The police arrived, an ambulance arrived. They put my girlfriend on the stretcher, handcuffed me and accused me of aggravated assault. When I was in jail, the majistrate told me the fireman's (witness) testimony. He explained that I told him "we were arguing, that I couldn't open the passenger door, and climbed over out of the driver's door.. that she fell out of the car, that the car was in drive and the car rolled back onto her.. he then 'lifted' the car up off her and let her free.' or something of that nature.

1. I fell out of the car and got pinned under the car too. I have photographs of my leg where I have a minor injury.
2. He got in the car and pulled the car forward. He didn't lift the car. The story was exaggerated.
3. This was not an intentional act of injury or intimidation.
4. I take the blame for the accident, but she doesn't want to press charges.

I am getting an attorney and am going to fight the charge. What do you think will happen? DO you think it will be dropped? I have no previous charges and have no violent history.

[PTPD22]

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.

By the way this statute is worded, it is going to be hard to fight. In Tennessee, assault is defined as:

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.

Considering the circumstances you described, it is going to be hard to convince a prosecutor, judge, or jury that you did not commit an assault under (at least) (a)(3) above. Since that assault resulted in the car rolling over her legs, it would seem that raising the charge to aggravated assault, as defined above, is appropriate. So, I don’t hold much hope that you can successfully fight the charge based on an “I didn’t mean to” defense.

It looks like you are being charged with a class C felony (or, possibly a class D). You need an attorney sooner rather than later.

[tc498]

If they can make the charge stick a plea bargain to a reduced charge and hopefully a reduction to a misdemeanor might be something that you should consider. Idk if the fact the fireman didn't actual see what happen could work in your favor,it's also gonna depend what you told the cops. Keep quiet and see what the lawyer can do for you.