The distinction between an assault and battery and Tennessee is very little and battery falls within the definition of assault in the criminal code. Historically battery was a separate act and crime requiring actual physical contact and considered a completed assault. Modern statutes now join the separate elements of assault and battery into assault as defined below.
The elements for assault set out in T.C.A. 39-13-101 are the following:
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.
Elements (1) and (2) are class A misdemeanors punishable up to 11 months and 29 days and fines can be up to $2500.00
Elements (3) are class B misdemeanors punishable up to 6 months in jail and fines up to $500.00.
Elements (2) require special attention as it does not require physical contact. Merely threatening to immediately harm a person that causes them to fear “imminent” bodily injury is sufficient to constitute an assault. Threatening to harm a person in the future that would not be considered “imminent” would not constitute assault. However, it could likely lead to a harassment charge.
Domestic Assault:
The statute further prescribes that “if the relationship between the defendant and the victim of the assault is such that the victim is a domestic abuse victim as defined in § 36-3-601, 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).” This charge also carries with it the possibility and likelihood of having to dispose of all firearms in the residence during the term of probation and/or incarceration.
Assault on a police officer or health care provider:
The statute also dramatically increases the fine “if the offense is committed against a law enforcement officer or a health care provider acting in the discharge of the provider’s duty, then the maximum fine shall be five thousand dollars ($5,000).”
A person convicted of simple assault in Tennessee can be required to pay restitution, which involves reimbursing the victim for any expenses resulting from the crime, such as the cost of medical treatment or counseling or repair or replacement of damaged property.
A defense to assault could be asserted such as self defense.
It would be necessary to provide evidence that the other person either in fact assaulted or threatened assault upon first. Under the law, you would be protected using reasonable force to defend and protect yourself and you would have to show that you the amount of force to protect yourself was necessary and did not go beyond an unreasonable level of force. Otherwise, you may charged with assault yourself. A good rule to use is to use such force that permits your retreat from the situation. It would not be self defense to continue to use force upon a person if they are in a position where they cannot carry out any further harm to you.
About Roland
