Understanding the difference between simple assault and aggravated assault is crucial if you or someone you know faces criminal charges in Tennessee. The severity of the injury, the intent, and the circumstances all play a role in how the law classifies the offense—and what penalties you might face.
What Is Simple Assault?
Simple assault in Tennessee covers three main actions:
- Knowingly, intentionally, or recklessly causing bodily injury to another person (such as scrapes, cuts, or bruises)
- Causing someone to reasonably fear imminent harm
- Physical contact that is extremely provocative or offensive
- Check Tennessee Code Annotated § 39-1-101
What Is Aggravated Assault?
Aggravated assault is a much more serious offense and includes:
- Knowingly, intentionally, or recklessly causing “serious” physical injury (such as broken bones or injuries requiring surgery or hospitalization)
- Attempting to cause injury by strangulation
- Intentionally injuring a public employee or transit worker while they’re performing official duties
- Using a deadly weapon during an assault
- Failing or refusing to protect a child or adult from aggravated assault or abuse (by a parent or guardian)
- Check Tennessee Code Annotated § 39-1-102
The Main Differences
- Severity of Injury: Simple assault involves minor injuries, while aggravated assault involves serious harm.
- Use of Weapons: Use of a deadly weapon upgrades a simple assault to aggravated assault.
- Victim Status: Assaulting a public employee or transit worker, or failing to protect a vulnerable person, can result in aggravated assault charges.
Penalties for Assault in Tennessee
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Class A Misdemeanor:
- Simple assault resulting in bodily injury or the threat of harm
- Aggravated assault against a public employee or transit worker
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Class B Misdemeanor:
- Simple assault involving provocative or offensive physical contact
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Felony Charges:
- Aggravated assault is generally a Class C felony
- If the act is reckless, it’s a Class D felony
- Failure to protect a child or adult from aggravated harm is a Class C felony
Facing an assault charge?
Get the right legal guidance. For more information, read our blog or contact our Nashville criminal defense attorney at Collins Legal today.
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