Aggravated Assault vs. Simple Assault
July 9, 2025
Facing assault charges can be life-changing, with legal consequences that range from probation to significant prison time.
When someone is accused of a violent crime, one of the most important distinctions to understand is the difference between aggravated assault and simple assault. The classification of the charge determines potential penalties, defense strategies, and long-term impact on a person’s record.
Attorney William L. Pomeroy focuses on defending those accused of violent crimes. With a sharp focus on criminal defense, the firm helps clients understand their rights and take the right steps when facing assault charges in Brentwood, Tennessee.
Let’s take a deeper look into how aggravated assault and simple assault differ, what each charge involves, and how the law in Tennessee treats them.
What Is Assault Under Tennessee Law?
Before examining the two types of assault, it's essential to know how Tennessee law defines the broader category. Assault refers to behavior that intentionally harms or threatens to harm another person.
Tennessee Code Annotated § 39-13-101 outlines three main ways assault can occur:
Intentional bodily injury: This includes causing physical harm to another person on purpose.
Intentional or knowing threat: Threatening someone with bodily harm, even if no physical contact occurs, can also be considered assault.
Offensive physical contact: Making contact that a reasonable person would find offensive or provocative.
Each of these behaviors can lead to charges, but the severity and circumstances determine whether the assault is classified as simple or aggravated.
What Makes Simple Assault a Misdemeanor?
Simple assault is the less severe of the two charges, but it should still be taken seriously. It often arises from disputes that escalate, including domestic arguments, bar fights, or confrontations at public events.
Simple assault is generally charged when:
Minor injuries are caused: If someone suffers scratches, bruises, or minor pain.
Threats are made without physical contact: Raising a fist, lunging at someone, or yelling threats may qualify.
There’s contact considered offensive: Shoving, slapping, or even spitting could be interpreted as offensive contact.
In Tennessee, simple assault is a Class A misdemeanor, punishable by:
Up to 11 months and 29 days in jail
Fines up to $2,500
Probation and mandatory anger management courses
If no physical injury occurred, it may be charged as a Class B misdemeanor, which carries lighter penalties—up to 6 months in jail and smaller fines.
Even though it’s a misdemeanor, a simple assault conviction goes on a permanent criminal record, which can affect employment, housing, and education opportunities.
What Makes Aggravated Assault a Serious Felony?
Aggravated assault is a felony under Tennessee law and involves more serious circumstances. Whether due to the degree of injury, use of a weapon, or intent to commit serious harm, these cases often result in harsher penalties and longer-term consequences.
An assault becomes aggravated when any of the following elements are present:
Serious bodily injury is caused: Injuries such as broken bones, deep wounds, or internal damage.
A deadly weapon is used or displayed: Guns, knives, or any item used in a threatening or harmful way.
Strangulation is involved: Acts that cut off someone’s airflow are automatically considered more serious.
The act shows extreme indifference to human life: This could include reckless behavior that causes significant injury.
Tennessee classifies aggravated assault as either a Class C or Class D felony, depending on the circumstances. Penalties can include:
Between 3 and 15 years in prison
Fines up to $10,000
Permanent felony conviction on your criminal record
Judges may also require mandatory counseling, restitution to the victim, or long-term supervision if the court grants probation.
Key Differences Between the Two Charges
Understanding how aggravated assault and simple assault differ is essential if you're accused of a violent offense. These key distinctions impact how a case is prosecuted and defended.
Level of injury: Minor injuries may result in simple assault charges, while significant bodily harm points to aggravated assault.
Use of a weapon: Simple assault usually involves no weapon. Aggravated assault charges often stem from incidents involving firearms, knives, or blunt objects.
Classification: Simple assault is a misdemeanor. Aggravated assault is a felony with much steeper penalties.
The charge classification affects how a criminal defense lawyer builds a defense:
For simple assault: The lawyer may argue self-defense, lack of intent, or mistaken identity.
For aggravated assault: The strategy may involve challenging the weapon's classification, disputing the severity of injury, or proving the act was reckless rather than intentional.
Common Defenses Used in Assault Cases
Defending against assault charges means showing that the conduct doesn’t meet the legal definition or that circumstances justify the defendant’s actions. The right strategy depends on the details of the case, and working with a lawyer focused on criminal defense is essential.
Self-defense: If a person reasonably believed they were in danger, using force may be justified.
Defense of others: Similar to self-defense but used to protect another individual from harm.
Lack of intent: Assault requires intent; accidental contact or harm generally doesn’t qualify.
False accusation: In heated situations, false claims are sometimes made, particularly in domestic or relationship disputes.
Mutual combat: If both parties willingly engaged in the fight, it may influence how charges are filed or prosecuted.
Strong criminal defense often hinges on the quality of available evidence. Surveillance video, witness accounts, and medical records can all support a defendant’s version of events. A skilled lawyer will know how to collect and present this information effectively.
The Importance of Intent in Assault Charges
Intent plays a major role in determining what kind of assault charge is brought. Even similar actions can lead to very different charges depending on what the accused person intended to do.
Accidental injury: Likely not considered assault at all.
Intent to frighten: Could lead to simple assault if no physical contact was made.
Intent to harm: More likely to result in aggravated assault, especially if serious injuries result.
Prosecutors must prove intent beyond a reasonable doubt. That gives the defense a critical opportunity to challenge whether the accused truly intended the outcome of their actions.
How Domestic Violence Changes the Charges
If the assault occurs between people in a domestic relationship, such as spouses, roommates, or family members, Tennessee law treats the charges differently. Both simple and aggravated assaults can be considered domestic assault.
Restraining orders: The court may issue a no-contact order immediately.
Loss of gun rights: A domestic violence conviction can permanently remove firearm possession rights.
Mandatory counseling: Offenders often must complete state-approved intervention programs.
Because of the added social and legal consequences, criminal defense for domestic assault cases requires close attention to relationship dynamics and the credibility of both parties.
How Prior Convictions Affect New Assault Charges
Repeat offenders face stiffer penalties in Tennessee. Even a past misdemeanor can result in enhanced sentencing if a new offense is committed.
Elevated charges: A second or third simple assault charge may be treated more harshly.
Sentencing ranges increase: Judges can sentence above the minimum when a defendant has a criminal record.
Probation becomes less likely: The court may view probation as insufficient for repeat behavior.
For those with past offenses, working with a firm that focuses on criminal defense is even more important to push for fair treatment and prevent excessive punishment.
What To Expect After Being Charged
Facing an assault charge can bring uncertainty. Understanding what happens next helps individuals prepare and make informed decisions early in the process.
Arrest and booking: Police take the accused into custody, collect personal information, and may set bail.
Initial court appearance: Charges are formally read, and bail may be reviewed.
Pre-trial motions: Your criminal defense lawyer may file to suppress evidence or dismiss charges.
Plea deal discussions: In some cases, a reduced sentence may be negotiated.
Trial: If no agreement is reached, the case proceeds to trial where both sides present evidence.
Each phase requires preparation and strategy. Time matters—early legal help often leads to better results.
Contact the Firm Today
If you’re facing an assault charge—whether it’s simple or aggravated—you don’t have to face it alone. William L. Pomeroy Law serves clients in Brentwood, Tennessee, as well as Davidson County, Williamson County, and Rutherford County, and can help you understand your case and protect your rights. Call the firm today to schedule a consultation and start building your defense.