Memphis Battery Defense Lawyer
Facing battery charges in Memphis, TN?
Battery is often associated as being the same as
assault. These are two different charges that can be charged together in certain
situations. Assault is the threat of harm or injury, while battery is
the actual physical violence. Tennessee assault statutes contain the provisions
for battery as well. A battery crime can involve physical contact with
an individual with the intent to cause them harm, this can include any
of the following acts:
- Shoving or pushing another person
- Slapping someone
- Scratching a person
- Punching a person
- Kicking someone
- Using a weapon on another person
- Using an everyday object as a weapon to batter another person
In order to be convicted of battery in Tennessee, it must be proven that
the battery was intentional. The prosecution has to prove that you meant
and intended to hit, kick, shove etc. An important note to battery charges
is that the harm did not have to be intended for the victim that ended
up injured. Simply performing an intentional act is sufficient to be charged
with battery. If you are facing battery charges, you need a skilled criminal
defense lawyer in Memphis by your side. The Claiborne Ferguson Law Firm,
P.A. has years of experience assisting clients in these types of cases
and may be able to help you as well.
Sexual Battery in Tennessee
Another type of battery offense is sexual battery, which can also be termed
rape or sexual assault in Tennessee. Battery involves
any physical contact with another individual that is against their will or
not consented to, including sexual contact. This is a felony offense with
harsh penalties. This offense includes compelling another person to engage
in unlawful sexual conduct against their will. Sexual battery can also
be charged if the victim was incapable to give consent to the sexual activity.
This can be charged as a Class E felony punishable by a prison sentence
and a large fine. Sexual battery charges can be aggravated if:
- The act causes bodily harm to the victim
- The defendant had a weapon
- The defendant was aided by another person or multiple people
- The victim was under than age 13
Penalties for Battery Offenses in TN
Battery offenses are linked in the assault statutes in Tennessee. Assault
and Battery in the 3
rd degree is more of an assault charge because battery is not a requirement
for the offense, the threat of injury can lead to this charge. Assault
and Battery in the 2
nd degree; however, does involve an act of battery. This offense includes
moderately injuring another person or nonconsensual touching of another
person's private body parts. Second degree assault and battery is
charged as a Class A misdemeanor punishable by up to three years in prison
and a fine of up to $2,500. Assault and Battery in the 1
st degree involves either nonconsensual touching of another person's
private body parts with lewd intent or serious injury to another person.
This offense is charged as a Class E felony and is punishable by up to
10 years in jail. Aggravated battery can involve great bodily injury likely
to produce death. This can be charged as a Class C felony punishable up
to 20 years in jail.
The Claiborne Ferguson Law Firm, P.A. Can Help!
Need a lawyer for your battery case in Memphis, TN? With more than 20 years
of experience, a Memphis criminal lawyer from our firm may be able to
help. We offer a
free case evaluation so do not hesitate to give us a call and discuss your case at any time.
Call The Claiborne Ferguson Law Firm, P.A. now to get started!