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Abbott, Weiss, Faith & Darnell, PLLC Aggravated Assault

Aggravated Assault Attorney in Chattanooga

Felony-Level Defense for Hamilton County Residents Since 1995

Aggravated assault is a felony under Tennessee law, not a misdemeanor, and a conviction can mean years in prison and a permanent record that follows you into every job application, housing search, and professional licensing decision you ever face. These charges can arise fast: a confrontation that escalated, a domestic dispute, or an allegation involving a weapon. How you respond in the days immediately after matters.

Abbott, Weiss, Faith & Darnell, PLLC has been defending clients in Chattanooga and throughout Hamilton County since 1995. Our attorneys provide honest assessments of where your case stands, not reassurances designed to make you feel better. We respond promptly, explain every available option, and tell you candidly what to expect.

If you’re facing an aggravated assault charge in Chattanooga, contact us now for a free case evaluation. Call (423) 264-2206 or reach out through our online contact form.

What Makes Assault “Aggravated” Under Tennessee Law

Simple assault under TCA 39-13-101 covers intentionally, knowingly, or recklessly causing bodily injury to another; intentionally or knowingly placing someone in reasonable fear of imminent bodily injury; or intentionally or knowingly making physical contact that a reasonable person would regard as extremely offensive or provocative. Aggravated assault is a separate and more serious charge defined under TCA 39-13-102.

An assault becomes aggravated assault in Tennessee when it results in serious bodily injury or death, involves the use or display of a deadly weapon, or involves strangulation or attempted strangulation. Reckless conduct that causes serious bodily injury or involves a deadly weapon also qualifies, though strangulation requires intentional or knowing conduct. Recklessness alone doesn’t meet that element.

Tennessee’s definition of a deadly weapon reaches beyond firearms. Any object capable of causing death or serious bodily injury in the manner it was used or intended to be used, such as knives, bats, or a rope used to strangle, qualifies. Additional scenarios that trigger the charge include:

  • Violating a court order, diversion agreement, or probation agreement that prohibits causing or attempting to cause bodily injury or committing an assault against a specific person, then intentionally or knowingly doing so
  • A parent or custodian of a child, or the custodian of an adult, intentionally or knowingly failing or refusing to protect that person from aggravated assault

Felony Classes & Sentencing Ranges in Tennessee

How the prosecutor characterizes your mental state shapes the entire case. Intentional aggravated assault under TCA 39-13-102 is a Class C felony, carrying 3 to 15 years in prison. Reckless aggravated assault is a Class D felony, carrying 2 to 12 years. Under TCA 39-13-102, aggravated assault convictions can carry a maximum fine of $15,000.

When strangulation involves a pregnant victim, the offense elevates to a Class B felony, with a sentencing range of 8 to 30 years. Convictions may also carry a restitution order requiring payment of the victim’s medical expenses, lost income, and related costs. Prosecutors have four years from the date of the offense to bring charges under TCA 40-2-101.

Consequences That Outlast the Sentence

An aggravated assault conviction produces a permanent criminal record visible to employers, landlords, and professional licensing boards. Tennessee’s expungement statute, TCA 40-32-101, excludes offenses involving the use or threatened use of physical force, a deadly weapon, or serious bodily injury. This means most aggravated assault convictions can’t be erased.

For defendants who qualify, judicial diversion under TCA 40-35-313 may be an option. It’s available only to eligible first-time defendants facing charges within the qualifying felony classes. If the court grants diversion and the defendant successfully completes probation, the charges may be dismissed and the record may be expunged. This path isn’t available to everyone, and Class A and B felonies are excluded entirely.

Other consequences, depending on the circumstances of the charge:

  • Firearm restrictions: A domestic violence designation attached to an aggravated assault charge can trigger federal firearm restrictions under the Lautenberg Amendment and affect child custody proceedings.
  • Immigration consequences: For non-citizen defendants, a conviction can trigger deportation proceedings or bar naturalization, as violent felonies are broadly classified as aggravated felonies or crimes involving moral turpitude under federal immigration law.

Why Clients Choose Abbott, Weiss, Faith & Darnell, PLLC for Aggravated Assault Defense

Our firm brings more than 60 years of combined experience in criminal defense and civil litigation to every case we take. That depth matters when you’re facing a felony charge in Hamilton County Criminal Court and the Hamilton County District Attorney’s Office is building a case against you.

Attorney Recognition

Our attorneys have earned consistent recognition from peers and independent legal rating organizations. Barry L. Abbott, with over three decades of legal experience, was selected to the Super Lawyers list for 2023-2024. Joshua P. Weiss was named a Super Lawyers Rising Star for 2021-2025. Brittany Faith has held Rising Star recognition since 2017 and carries a 10.0 Superb Rating from Avvo. Zachery Darnell was named to the Super Lawyers Rising Stars list for 2022-2023.

How We Work With Clients

What clients consistently describe is attorneys who respond promptly, explain things clearly, and don’t disappear once the case is over. One client noted that Joshua Weiss called to check on them months after the case concluded. That’s the kind of firm we are. We also collaborate with Of Counsel attorneys when a case calls for additional perspectives, while keeping service direct and personal throughout.

Get a Free Case Evaluation from a Chattanooga Aggravated Assault Lawyer

A felony charge moves quickly through the court system. The earlier we can review your case, the more time we have to develop a defense strategy, appear at your bond hearing, and engage the prosecution before positions harden.

We offer free case evaluations and serve clients throughout Hamilton County and the surrounding counties of southern Tennessee and northern Georgia. You’ll get an honest picture of where things stand, not promises about how they’ll end.

Call (423) 264-2206 or contact us online to speak with an aggravated assault attorney in Chattanooga. Abbott, Weiss, Faith & Darnell, PLLC is ready to hear from you.

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Abbott, Weiss, Faith & Darnell, PLLC

Why Choose Abbott, Weiss, Faith & Darnell, PLLC?

  • Award-Winning & Outstanding Client Reviews
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Our Testimonials

"Best Lawyers in Chattanooga"

  • "Best lawyers in Chattanooga. Personable and really care about their clients. Thank you so much Josh Weiss!"
    Best Lawyers in Chattanooga. Personable and really care about their clients. Thank you so much Josh Weiss!
    - Malik N.
  • "Very good at communicating with my group and making sure we understood everything."
    Very good at communicating with my group and making sure we understood everything.
    - L.M.
  • "I highly recommend not looking anywhere else...Cavett, Abbot & Weiss is the best team for the job"
    They are exceptionally professional in everything they do. He was there pretty much holding my hands through the whole process. Always returned my calls and always responded to any of my questions. Did a phenomenal job!
    - Dan C.
  • "I had a fantastic experience with this firm. They quickly helped me resolve a real estate matter."
    I had a fantastic experience with this firm. They quickly helped me resolve a real estate matter.
    - Laura M.
  • "They did a wonderful job. A team of knowledgeable and breviloquent individuals. I will hire again if needed. Josh is a punctual and decisive lawyer who advised wisely and with a great attitude."
    They did a wonderful job. A team of knowledgeable and breviloquent individuals. I will hire again if needed. Josh is a punctual and decisive lawyer who advised wisely and with a great attitude.
    - James R.
  • "Barry Abbott"
    He was incredibly responsive, and honest, led with full transparency, and kept us up to date on every step of the process.
    - Katie P.