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  1. #1
    Join Date
    Sep 2015
    Posts
    2

    Arrow Aggravated Assault on a Minor

    My question involves criminal law for the state of: Tennessee
    I am 16 years old and I was recently assaulted by my 19 year old brother. The altercation ended with him being arrested, however he was released the next morning. I would like to know: what legal protection I am afforded from him, what actions can be taken against him, and to what extent he can be punished according to Tennessee law.
    The incident happened while I was at my mother's house. I'm not sure how it became so violent so suddenly (I believe he may have been under the influence of drugs). I was in the kitchen when he came in the house and went straight to my mother's room. I heard him yell a lot and break some stuff. He then came out of the room and as he was exiting the house proceeded to break everything in his way (i.e., a dishwasher, a shelf, and multiple paintings and decorations). I followed my mother and step-father outside of the house after him, as I was baffled and had no idea what was going on. When I got outside I heard him threaten my mother with physical harm and destruction of her property (burn the house down). Hearing this, I spoke up, to which he attacked me. We fought for a while, with my step dad trying to break us up at first then when my brother attacked my step dad they began to fight as well. At one point my brother picked up a two by four and came at me with it, luckily I managed to dodge the worst of it. After the police came and took my information, I was taken to the ER where I received a CT scan and an X-ray. I received no serious injuries, just a lot of facial bruises as well as scrapes (which cause me to limp for the time being).
    I would greatly appreciate it if someone could inform me of what legal protections I have and what I can do, as I currently have reason to fear for my physical well-being, the physical well-being of both my mother and step-father, and the possibility of coming home to a house in ruins.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Aggravated Assault on a Minor

    Your parents can seek an order of protection to keep him from you and from them, should they choose to do so. If he lives at the residence and your parents choose NOT to kick him out or obtain an order of protection, then you may have to be prepared to call the police if he gets violent again. Or, you can contact child services in your area and inform them that you do not feel safe in your home and that your parents have not done anything to protect you. They may remove you from the home, they may not.

    If you are not living with him, then the matter is resolved provided he is not allowed to come over and cause problems where you are.

    What the legal system might do to him depends entirely on what he is being charged with. There are a number of possibilities under "aggravated assault" he can be charged with in TN, and they vary in severity. If you knew what code sections he has been charged with violating, we might be able to say what potential penalties he might face. At this point he may face NO charges in the end, or, he may face potential felony charges that could result in him going to state prison. I suspect something in the middle to include probation and maybe (at worst) local jail time for a short stay ... unless he has a prior criminal history.

  3. #3
    Join Date
    Sep 2015
    Posts
    2

    Default Re: Aggravated Assault on a Minor

    He doesn't live with me, he moved out about 5 or 6 months ago. I know that he will be facing an aggravated domestic assault, and I think he may also be facing some felony vandalism charges. He has been arrested a few times previously and does have a track record.
    However my main concern is that his girlfriend, who instigated the entire thing, has a rich daddy, and her mother has already threatened us by saying "if you decide to press charges, her father is a millionaire and he will have the best lawyers available." What really worries me about this is the fact that my mother pinned my brother's girlfriend to ground by the throat (out of self defense) and now they think they are going to sue us.

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