What Are the Penalties for Assault on a Police Officer in Tennessee?

Assaulting a police officer in Tennessee is now a Class E felony with a mandatory 60 days in jail and a $10,000 fine. Tennessee’s “Back the Blue Act,” which took effect July 1, 2024, dramatically increased the penalties for assaulting law enforcement officers.

Even minor physical contact with an officer during an arrest can lead to felony charges. Understanding what counts as assault on an officer, the mandatory minimum penalties, and your legal defenses can make the difference between a conviction and a dismissal.

Tennessee’s Back the Blue Act

Tennessee Code § 39-13-116 defines assault on a law enforcement officer and sets strict mandatory penalties. The 2024 Back the Blue Act increased these penalties significantly.

Before July 1, 2024:

• Class A misdemeanor
• 30 days mandatory minimum jail
• $5,000 mandatory fine

After July 1, 2024:

• Class E felony
• 60 days mandatory minimum jail
• $10,000 mandatory fine

The penalties are mandatory. Judges cannot reduce or waive them, even for first-time offenders.

What Counts as Assault on a Police Officer

You commit assault on a law enforcement officer when the officer is performing official duties and you:

Knowingly cause bodily injury to the officer

Knowingly cause physical contact the officer would find extremely offensive or provocative, including:

• Spitting on an officer
• Throwing bodily fluids
• Transferring bodily waste

Bodily injury means any cut, bruise, burn, pain, or physical impairment. It doesn’t take much to meet this definition.

Simple Assault vs. Aggravated Assault on an Officer

Tennessee distinguishes between simple assault and aggravated assault on law enforcement officers.

Simple Assault on an Officer

Class E felony:

• Mandatory 60 days in jail (must serve entire 60 days)
• Mandatory $10,000 fine
• Maximum 1 to 6 years in prison
• The officer was performing official duties
• You knowingly caused injury or offensive physical contact

Aggravated Assault on an Officer

You commit aggravated assault when your assault on an officer:

• Results in serious bodily injury to the officer
• Results in the officer’s death
• Involved use or display of a deadly weapon
• Involved strangulation or attempted strangulation

Class C felony:

• Mandatory 90 days in jail (must serve entire 90 days)
• Mandatory $15,000 fine
• 3 to 15 years in prison under Tennessee Code § 40-35-111

Who Qualifies as a Law Enforcement Officer

Tennessee law defines a law enforcement officer broadly. The statute includes:

• POST-certified law enforcement officers
• Tennessee Highway Patrol officers
• Capitol police officers
• Tennessee Bureau of Investigation agents
• Wildlife Resources Agency officers
• Deputy jailers
• Park rangers employed by the state

If you’re not sure whether someone is a law enforcement officer at the time of contact, that confusion could be a defense.

Common Scenarios That Lead to Assault Charges

Most assault on officer charges happen during:

Arrests: Resisting arrest often escalates to assault charges when physical contact occurs. Pulling away, struggling, or pushing an officer during handcuffing can result in charges.

Traffic stops: Arguing during a traffic stop that becomes physical contact, even minor, can lead to charges.

Domestic calls: Police respond to domestic disturbances where emotions run high. Physical contact with an officer trying to separate people results in charges.

Intoxication: Public intoxication arrests where the person doesn’t comply and makes physical contact.

Mental health crises: People experiencing mental health emergencies who don’t understand what’s happening may physically contact officers.

The Mandatory Minimum Means No Wiggle Room

The 60-day minimum for simple assault and 90-day minimum for aggravated assault are mandatory. You must serve every day. There’s no early release, no good time credit, no work release during that minimum period.

After serving the mandatory minimum, the balance of your sentence may be served on probation. But those first 60 or 90 days are behind bars, guaranteed.

Assault on First Responders and Nurses

Tennessee law also protects first responders and nurses, but with different penalties than police officers.

Assault on first responders or nurses:

• Class A misdemeanor
• Mandatory 30 days in jail
• Mandatory $5,000 fine

Aggravated assault on first responders or nurses:

• Class C felony
• Mandatory 90 days in jail
• Mandatory $15,000 fine

First responders include firefighters, emergency medical personnel, and others responding to 911 calls.

Defense Strategies for Assault on Officer Charges

Being charged doesn’t mean you’re automatically convicted. You have defenses under Tennessee law and the Constitution.

Self-Defense

You can use reasonable force to protect yourself from excessive or unlawful force by police. If an officer used more force than necessary and you defended yourself, that’s a valid defense.

The keyword is “reasonable.” You can’t escalate beyond what’s necessary to protect yourself.

The Officer Wasn’t Performing Official Duties

The statute requires the officer to be discharging or attempting to discharge official duties. If the officer was off-duty and acting as a private citizen, the enhanced penalties don’t apply.

Lack of Intent

Assault requires that you “knowingly” caused the contact or injury. Accidental contact isn’t assault. If you tripped and fell into an officer, or made contact while trying to protect yourself from falling, you didn’t knowingly assault them.

False Allegations

Police sometimes add assault charges to justify their own use of force. Your lawyer can challenge the officer’s account through:

• Body camera footage
• Witness testimony
• Medical records showing no injury
• Inconsistencies in the officer’s report

Constitutional Violations

If police violated your rights during the arrest (illegal stop, unlawful search, no probable cause), evidence from that arrest might be suppressed. Without evidence, prosecutors may have to dismiss charges.

Resisting Arrest vs. Assault on an Officer

These are separate charges that often happen together, but they’re different offenses.

Resisting arrest: Intentionally preventing or obstructing an officer from making an arrest. This can be passive resistance (going limp) or active resistance (pulling away).

Assault on officer: Knowingly causing physical contact or injury.

You can be charged with both. Resisting is typically a misdemeanor, while assault on an officer is now a felony under the Back the Blue Act.

What to Do If You’re Arrested for Assaulting an Officer

The moments after your arrest are critical.

Do:

• Stay calm and stop all physical resistance immediately
• Invoke your right to remain silent
• Ask for a lawyer
• Request medical attention if you’re injured
• Write down everything you remember as soon as possible
• Note any witnesses who saw what happened

Don’t:

• Don’t make statements explaining what happened
• Don’t sign anything without a lawyer
• Don’t consent to searches
• Don’t talk to other inmates about your case
• Don’t resist further or argue with officers

Police will use anything you say to prove intent and build their case. Silence is your best protection.

Long-Term Consequences Beyond Jail Time

A conviction for assault on a police officer creates problems that last years.

Felony record: You’ll have a felony on your record that shows up on every background check. Many employers won’t hire felons.

Professional licenses: Teachers, nurses, lawyers, and other licensed professionals face license revocation.

Gun rights: Felony convictions prohibit firearm ownership under federal law.

Immigration: Non-citizens face deportation for felony assault convictions.

Housing: Many landlords refuse to rent to people with felony records, especially assault felonies.

Probation violations: If you’re already on probation for another offense, this conviction likely violates your probation and could send you to prison on the original charge.

Body Camera Footage Can Make or Break Your Case

Most police officers now wear body cameras. That footage is critical evidence in assault on officer cases.

Your lawyer needs to get that footage immediately. It may show:

• You didn’t make the contact the officer claims
• The officer used excessive force first
• Your contact was accidental or in self-defense
• The officer’s written report doesn’t match what actually happened

Departments sometimes “lose” footage or delay providing it. Your attorney needs to file formal discovery requests and preservation orders right away.

Charged With Assault on a Police Officer in Tennessee? Get Help Immediately

Assault on a police officer charges in Tennessee carry mandatory jail time, a $10,000 fine, and a felony conviction that follows you for life.

At Harvey Criminal Defense Lawyers, we’ve defended clients facing assault on officer charges throughout Tennessee. We know how to obtain body camera footage, challenge police reports, and build strong defenses. 

Contact us today for a confidential consultation about your assault on a police officer charge. We’ll review your case, explain your options, and fight to protect your freedom and your future.