What Happens If I’m Charged With Assault in Memphis, TN?

One heated argument. One moment of anger. One misunderstanding. That’s all it takes to find yourself facing assault charges in Memphis.

Maybe you were defending yourself. Maybe someone lied about what happened. Maybe things got out of hand faster than you expected. Whatever the circumstances, you’re now staring at criminal charges that could mean jail time, fines, and a permanent record.

What Does Tennessee Law Say About Assault?

Under Tennessee Code Annotated § 39-13-101, assault occurs when someone:

• Intentionally, knowingly, or recklessly causes bodily injury to another person
• Intentionally or knowingly causes another person to reasonably fear imminent bodily injury
• Intentionally or knowingly causes physical contact with another person that a reasonable person would find extremely offensive or provocative

You don’t need to actually hurt someone to be charged with assault. Even making someone fear they’re about to be hurt can be enough.

Different Types of Assault Charges in Tennessee

Tennessee law recognizes several types of assault charges, each with different penalties:

Simple Assault (Class A or B Misdemeanor)

Simple assault is the least serious assault charge. Depending on the specific conduct, it can be charged as:

Class A Misdemeanor – Causing bodily injury or threatening harm:

• Up to 11 months and 29 days in jail
• Fines up to $15,000 (for bodily injury) or $2,500 (for causing fear)
• Possible probation

Class B Misdemeanor – Offensive or provocative physical contact:

• Up to 6 months in jail
• Fines up to $500

Aggravated Assault (Class C or D Felony)

Assault becomes aggravated when it involves:

• Serious bodily injury (broken bones, disfigurement, injuries requiring hospitalization)
• Use or display of a deadly weapon
• Strangulation or attempted strangulation
• Assault against certain protected classes (police officers, first responders, school employees, nurses)

Class C Felony (intentional or knowing acts):

• 3 to 15 years in prison
• Fines up to $15,000
• Permanent felony record

Class D Felony (reckless acts):

• 2 to 12 years in prison
• Fines up to $15,000
• Permanent felony record

Domestic Assault

When assault occurs between family members, household members, or dating partners, it’s charged as domestic assault under TCA § 39-13-111.

First Offense:

• Class A or B misdemeanor (same penalties as simple assault)

Second Offense (bodily injury):

• Mandatory minimum 30 consecutive days in jail
• Fines $350 to $3,500

Third or Subsequent Offense (bodily injury):

• Class E felony if the victim is a spouse, family member, or household member
• Mandatory minimum 90 consecutive days in jail
• Fines $1,100 to $5,000

What Counts as “Bodily Injury” in Tennessee?

Tennessee law defines bodily injury broadly. It includes:

• Cuts and bruises
• Scratches
• Swelling
• Pain
• Any impairment of physical condition

You don’t need to send someone to the hospital for it to count as assault. Even minor injuries can support a conviction.

What If I Was Defending Myself?

Self-defense is a valid legal defense to assault charges in Tennessee. You can use reasonable force to protect yourself if:

• You reasonably believed you were in imminent danger
• You didn’t provoke the situation
• You used only the amount of force necessary to stop the threat
• Tennessee is a “stand your ground” state—you’re not required to retreat before defending yourself

However, you can’t claim self-defense if:

• You were the initial aggressor
• You used excessive force
• The threat wasn’t immediate

Your attorney will need to present evidence showing you acted in self-defense. That might include:

• Witness testimony
• Video footage
• Photos of injuries you sustained
• Text messages showing prior threats

Can Assault Charges Be Dismissed or Reduced?

Yes. Depending on the circumstances, your attorney may be able to get the charges dismissed or reduced through several strategies:

Lack of Evidence

The prosecution must prove every element of assault beyond a reasonable doubt. If they can’t prove you caused injury or that you intended to cause fear, the case may be dismissed.

Self-Defense

If evidence shows you were defending yourself from an attack, you may be acquitted or have charges dropped. Tennessee’s stand-your-ground law means you don’t have to retreat before using force.

False Accusations

People lie. They exaggerate. They misremember. If your attorney can show the alleged victim isn’t credible or has a motive to lie, the case weakens.

Mutual Combat

If both parties were willing participants in a fight, that can complicate the prosecution’s case and lead to reduced charges or dismissal.

Witness Problems

If the alleged victim refuses to cooperate or changes their story, prosecutors may have trouble proving their case.

What Happens If the Alleged Victim Won’t Press Charges?

This is a common misconception: the victim doesn’t decide whether to press charges. Only the District Attorney can file criminal charges.

Even if the alleged victim says they don’t want to press charges or refuses to cooperate, prosecutors can still move forward. They may:

• Subpoena the victim to testify
• Use other evidence like police reports, 911 calls, or witness statements
• Charge you with violating protective orders

However, cases are much harder to prove without a cooperative victim. Your attorney can use this to negotiate a better outcome.

Should I Accept a Plea Deal?

Prosecutors often offer plea deals to avoid trial. This might involve:

• Pleading guilty to a lesser charge
• Reduced jail time
• Probation instead of incarceration
• Anger management or counseling programs

Before accepting any plea deal, you need to understand:

• What you’re pleading guilty to
• How it affects your criminal record
• Whether you’ll have a felony or misdemeanor conviction
• Immigration consequences if you’re not a U.S. citizen
• Whether the conviction can be expunged
• Loss of gun rights (especially for domestic assault)

Never accept a plea deal without consulting an experienced criminal defense attorney. Once you plead guilty, you can’t take it back.

What Should You Do Right Now?

If you’ve been charged with assault in Memphis, take these steps immediately:

1. Do not contact the alleged victim. Any contact can be used against you or result in additional charges for violating a protective order.
2. Do not talk to the police without an attorney. Anything you say will be used against you, even if you think you’re explaining your side.
3. Document everything. Write down what happened, who was there, and what was said. Take photos of any injuries you have.
4. Collect evidence. Save text messages, social media posts, emails, or anything else that supports your version of events.
5. Contact a criminal defense attorney immediately. The sooner you have legal representation, the better your chances of a favorable outcome.

Facing Assault Charges? We Fight Back.

An assault charge doesn’t automatically mean you’re guilty. Even if you made a mistake, that doesn’t mean your life should be defined by one moment.

At Harvey Criminal Defense Lawyers, we’ve defended clients facing assault charges in Memphis and across Shelby County. We know how prosecutors build these cases, and we know how to take them apart.

We investigate. We challenge the evidence. We expose inconsistencies. And we fight for dismissals, acquittals, and reduced charges that protect your future.

Don’t wait until it’s too late.

Call us now for a confidential consultation.