Aggravated Assault in Memphis, TN | TN Code § 39-13-102

Aggravated assault is one of the most serious violent crime charges in Tennessee. Under Tennessee Code Annotated § 39-13-102, it carries felony penalties.

This charge applies when an assault involves serious bodily injury, death, the use of a deadly weapon, or strangulation. It can also apply when someone fails to protect a child or vulnerable adult from assault, or when someone violates a protective order.

At Harvey Criminal Defense Lawyers, we’ve defended people in Shelby County and across West Tennessee who never thought they’d be sitting in a jail cell or standing in front of a judge. We know what you’re going through, and we know how to fight back.

Here’s what you need to know about aggravated assault charges in Tennessee, what the law says, and what we can do to protect you.

What Is Aggravated Assault Under Tennessee Law?

Under Tennessee Code Annotated § 39-13-102, aggravated assault is more serious than simple assault. It involves one or more aggravating factors that make the offense more dangerous or harmful.

You can be charged with aggravated assault if you intentionally, knowingly, or even recklessly commit an assault that:

• Results in serious bodily injury to another person
• Results in death
• Involves the use or display of a deadly weapon
• Involves strangulation or attempted strangulation

Let’s break those down so you understand what prosecutors will try to prove.

Serious Bodily Injury

This means an injury that creates a substantial risk of death or causes serious permanent disfigurement, protracted loss of a body part, or impairment of any bodily function. A broken bone, deep cut, or concussion could qualify.

Deadly Weapon

A deadly weapon isn’t just a gun or knife. Tennessee courts have ruled that objects like bats, vehicles, or even heavy tools can be considered deadly weapons depending on how they’re used.

Strangulation

Even if no visible injury occurs, intentionally blocking someone’s airway or blood flow by applying pressure to the throat or neck counts as strangulation. If the victim loses consciousness, prosecutors may charge you with attempted murder under TCA § 39-13-202 or § 39-13-210.

Other Ways You Can Be Charged with Aggravated Assault

Tennessee law also allows prosecutors to charge aggravated assault in these situations:

Failing to Protect a Child or Vulnerable Adult

If you’re a parent or custodian and you intentionally or knowingly fail to protect a child or adult from aggravated assault or aggravated child abuse, you can be charged under § 39-13-102(b).

Violating a Court Order

If you’ve been restrained by a court order, such as an order of protection, and you assault or attempt to assault the protected person, that’s automatically aggravated assault under § 39-13-102(c).

This is common in domestic violence cases where someone violates a no-contact order and gets into a physical confrontation.

What Are the Penalties for Aggravated Assault in Tennessee?

Aggravated assault is a felony in Tennessee. The classification depends on the circumstances:

• Class B Felony: If the victim was pregnant and strangulation occurred
  • 8 to 30 years in prison
  • Up to $25,000 in fines

• Class C Felony: Most aggravated assault cases, including serious injury, deadly weapon use, or strangulation
  • 3 to 15 years in prison
  • Up to $15,000 in fines

• Class D Felony: Reckless aggravated assault with serious injury, death, or deadly weapon
  • 2 to 12 years in prison
  • Up to $5,000 in fines

Enhanced Penalties

If you discharged a firearm from a vehicle and the victim was a minor, your charge gets bumped up one classification. That means a Class C felony becomes a Class B felony, and the prison time increases significantly.

Additional Consequences

Beyond prison and fines, an aggravated assault conviction can result in:

• Loss of gun rights
• Difficulty finding employment
• Loss of professional licenses
• Restitution payments to the victim
• Mandatory domestic violence fees if the victim was a domestic partner

If the victim was a correctional officer or other jail employee, the court can order up to 100% of your commissary funds be deducted for restitution while you’re incarcerated.

What Should You Do If You’re Charged with Aggravated Assault?

First, do not talk to police without a lawyer. Anything you say can be used to convict you, even if you think you’re just “explaining your side.”

Second, contact a criminal defense attorney immediately. The earlier we get involved, the more we can do to protect your rights and build your defense.

At Harvey Criminal Defense Lawyers, we start by investigating every detail:

• Was the arrest lawful? If police violated your rights, we can suppress evidence or get the case dismissed.
• Was it self-defense? Tennessee law allows you to protect yourself, your home, and others from harm.
• Was the injury really “serious”? Sometimes prosecutors overcharge based on medical reports that don’t tell the full story.
• Was a deadly weapon actually used? We challenge vague or exaggerated descriptions of what happened.
• Are there witnesses who support your version of events? We track them down and get statements before memories fade.

We also negotiate with prosecutors. In some cases, we can get charges reduced from aggravated assault to simple assault, or even dismissed entirely if the evidence doesn’t hold up.

Why Choose Harvey Criminal Defense Lawyers?

Because we don’t back down, and we don’t treat you like a case number.

Phil Harvey spent years as a public defender in Shelby County, handling some of the toughest criminal cases in Memphis. He knows how prosecutors think, how judges rule, and what it takes to win.

We fight for dismissals. We fight for reduced charges. We fight for probation instead of prison. And if your case goes to trial, we fight for a not-guilty verdict.

Most importantly, we keep you informed every step of the way. You’ll never wonder what’s happening with your case.

Facing Aggravated Assault Charges in Memphis? Call Us Now.

An aggravated assault charge is serious, but it’s not the end of your story.

Contact Harvey Criminal Defense Lawyers today for a confidential consultation.

Let’s talk about your case, your options, and how we can protect your freedom and your future.

Don’t wait. Every day matters when your life is on the line.