At the Law Office of Joseph A. Fanduzz in Knoxville, TN, we understand that being accused of assault or battery can be a distressing and life-altering experience. Our experienced assault and battery defense attorneys are here to provide you with the legal representation and guidance needed to navigate these challenging situations.
In Tennessee, assault and battery are distinct legal terms with specific definitions and penalties:
Assault typically refers to intentional conduct that reasonably causes another person to fear imminent bodily harm. This means that even if no physical contact occurs, a person can still be charged with assault.
Battery, on the other hand, involves intentional, harmful, or offensive physical contact with another person without their consent. This means that physical contact must occur for a battery charge.
These definitions are applied every day in courts in and around Knoxville, including in Knox County Criminal Court and General Sessions Court, and the exact charge you face will depend on what police, prosecutors, and alleged witnesses claim happened. We can help you understand how Tennessee statutes apply to the facts in your case and explain the difference between accusations that involve only threats or fear versus those that involve actual physical contact or injury. When we review your case, we look closely at the timeline of events, the location, and the statements given to law enforcement so we can start building a clear picture of what really occurred.
Penalties for Assault and Battery Charges in Tennessee
The penalties for assault and battery charges in Tennessee vary based on the severity of the offense and whether any aggravating factors are present. Here is an overview of the potential consequences:
Simple Assault/Battery (Class A Misdemeanor):
Penalties may include up to 11 months and 29 days in jail.
Fines of up to $2,500.
Probation or community service may also be imposed.
Assault/Battery (Class B Misdemeanor):
Fines up to $500.
Aggravated Intentional Assault (Class C Felony):
Penalties may include 3 to 15 years in prison.
Mandatory minimum sentences may apply in some cases.
Aggravated Reckless Assault/Battery (Class D Felony):
Penalties may include 2 to 12 years in prison.
Mandatory minimum sentences may apply in some cases.
Beyond jail or prison time and fines, a conviction can leave you with a permanent criminal record that may affect employment, housing, and professional licensing in Tennessee for years to come. Many people facing these charges in Knoxville courts are also dealing with no-contact orders, bond conditions, and restrictions that make it hard to see family or return home. We take time to explain each potential consequence in plain language so you can make informed decisions about whether to accept a plea offer, seek diversion where available, or fight the case at trial. Our goal is always to pursue the option that best protects your future and minimizes the long-term impact of an assault conviction.
Common Defenses to Assault and Battery Charges
When you are arrested for assault or battery in Knoxville, you may not realize that the law allows for several different defenses depending on what actually happened. We take the time to listen to your story and review the reports from the Knoxville Police Department, the Knox County Sheriff’s Office, or any other agency involved so we can identify every possible defense. By understanding both the facts and how local judges in Knox County Criminal Court typically view these issues, we can better advise you on what to expect and how to proceed.
In many cases, self-defense or defense of another person is a key issue, especially when an argument escalates quickly at a bar, sporting event, or family gathering. We look for evidence that you were trying to protect yourself or someone else from harm, that you used only the force reasonably necessary, and that you did not start the confrontation. As an assault attorney, we also examine whether the alleged victim’s injuries and statements actually match what they are claiming, or whether inconsistent accounts, intoxication, or bias may be affecting their story.
Other potential defenses may involve challenging identification, showing that the physical contact was accidental rather than intentional, or demonstrating that the alleged victim consented to certain contact in situations such as contact sports or mutual physical confrontations. We carefully analyze body camera footage, surveillance video, phone records, and witness interviews to uncover facts that support your defense. In some situations, we may file motions to suppress unlawfully obtained evidence or statements if your constitutional rights were violated during questioning or arrest, which can significantly strengthen your position in negotiations or at trial.
How an Assault and Battery Defense Attorney Can Help
Facing assault or battery charges can be overwhelming, but having a skilled attorney by your side can make a significant difference. Here's how we can assist:
Legal Knowledge: Our attorneys possess a deep understanding of Tennessee's assault and battery laws and the nuances of each case.
Defense Strategy: We will develop a tailored defense strategy based on the specific circumstances of your case, challenging evidence and witnesses when necessary.
Negotiation Skills: We can negotiate with prosecutors to seek reduced charges or alternative sentencing options.
Protection of Rights: We are committed to upholding your constitutional rights throughout the legal process.
Support and Guidance: We provide unwavering support to our clients, guiding them through the complexities of their case.
In many Knoxville assault cases, there may be critical issues involving self-defense, mutual combat, mistaken identity, or unreliable eyewitness testimony that an assault attorney Knoxville residents hire can bring to light. We frequently examine police reports, 911 recordings, security video, and medical records to identify inconsistencies or gaps that may benefit your defense. When appropriate, we can also seek to exclude unlawfully obtained statements or evidence, and we may work with investigators or other professionals to gather information that supports your version of events.
If you're facing assault or battery charges, it's crucial to have a skilled defense attorney on your side. Our firm can help by carefully reviewing the facts of your case, challenging any evidence presented against you, and developing a strong defense strategy. We may be able to negotiate a plea deal, seek a reduction of charges, or represent you at trial, if necessary.
Why Choose the Law Office of Joseph A. Fanduzz in Knoxville?
Choosing the Law Office of Joseph A. Fanduzz means choosing a firm with extensive experience in handling assault and battery cases. We understand the nuances of Tennessee law and will work tirelessly to protect your rights and your future.
When you work with an assault lawyer Knoxville defendants trust, you are not just hiring someone to stand beside you in court; you are gaining a legal team that will keep you informed, return your calls, and prepare you for each hearing in the Knox County court system. We take time to learn about your background, your family, and your goals so that we can present you as a whole person rather than just a case number. By combining our knowledge of local judges and prosecutors with a detailed understanding of your circumstances, we can pursue outcomes that reflect both the facts of the case and the impact on your life. We offer a free initial consultation to discuss your case and answer any questions you may have. Let us help guide you through this challenging time and work towards the best possible outcome for your situation.
Contact the Law Office of Joseph A. Fanduzz today at (865) 896-9971 to schedule a consultation and learn more about how we can help you navigate the complexities of an assault or battery charge.
“Mr. Fanduzz is committed to nothing but the BEST outcome for his clients.”
Nearly two years ago, I was charged with DUI and Speeding. Due to my occupation, a conviction could be detrimental to my career. I contacted Mr. Fanduzz and he was able to have my case placed on Judicial Diversion, which required me to serve only one year supervised probation (reduced from two years) and court cost. I retained my drivers license and did not have to purchase expensive car insurance.
Unfortunately, while on probation, I was charged with two counts of assault and aggravated assault. Along with these new charges, I also faced violation of my probation and the original DUI. All charges were considered Felonies at this point. There was no hesitation in hiring him to represent me again. Mr. Fanduzz not only kept me well informed, he also skillfully and agressively argued on my behalf. He arranged for my probation and judicial diversion to be reinstated and the felony assault charges to be dismissed in exchange for a plea to a misdemeanor offence.
Needless to say, I highly recommend Mr. Fanduzz because of his attention to detail and commitment to have the BEST possible outcome for his clients.
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