Memphis Battery Defense Attorney

A Certified Trial Advocate Defending Battery Charges in Memphis

Tennessee doesn’t maintain a standalone “battery” charge. Battery conduct is prosecuted under the state’s assault and battery statute, T.C.A. §39-13-101, which covers both the threat of harm and actual physical contact. That legal structure means what most people think of as a minor physical altercation can produce an assault charge carrying misdemeanor or felony consequences. The classification matters more than the label, and the decisions you make early in your case can shape the outcome. At Ferguson McNeil Law Firm, P.A., we defend clients facing battery-related charges in Memphis and throughout the surrounding areas.

We offer free case evaluations and bilingual services in English and Spanish. Call (901) 878-5434 to speak with our team.

What Conduct Constitutes Battery in Tennessee

Battery charges arise from intentional physical contact with another person. Tennessee law requires the prosecution to prove the act was knowing or intentional, but the harm doesn’t have to have been directed at the specific person who was ultimately injured. Performing an intentional act that results in physical contact is enough to support a charge.

Acts that commonly give rise to battery charges include:

• 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 against another person

If you are facing battery charges in Memphis, our firm is here to help. Contact Ferguson McNeil Law Firm, P.A. and schedule your free case evaluation with our Memphis battery defense attorney by calling (901) 878-5434 today. 

Sexual Battery Under Tennessee Law

Sexual battery is a distinct charge governed by T.C.A. §39-13-505. It involves unlawful sexual contact accomplished through force or coercion, without the victim’s consent, by fraud, or in circumstances where the victim was incapable of giving consent. A conviction is a Class E felony, carrying a prison sentence, fines, and mandatory sex offender registration that follows a person long after any sentence is served.

Aggravated sexual battery (T.C.A. §39-13-504) is a Class B felony and can be charged when:

• The act causes bodily injury to the victim
• The defendant used force or coercion while armed with a weapon
• The defendant was aided by one or more accomplices
• The victim was under the age of 13

Aggravated sexual battery carries 8 to 30 years in prison under Tennessee’s sentencing guidelines. If you’re facing a sexual battery charge, the consequences are severe enough to demand immediate attention from a defense attorney with serious trial experience.

Penalties for Battery-Related Offenses in Tennessee

Tennessee classifies battery conduct under two primary charge tiers: simple assault and aggravated assault. The distinction turns on factors such as intent, the severity of injury, and whether a weapon was involved. Neither charge is minor.

Simple Assault

Simple assault is a Class A misdemeanor in Tennessee, carrying up to 11 months and 29 days in jail and significant fines. Despite being a misdemeanor, a simple assault conviction is classified as a violent crime in Tennessee and can’t be expunged from your criminal record. That distinction matters when you apply for a job, seek housing, or face future legal proceedings.

Aggravated Assault

When aggravating factors are present, the charge escalates significantly. Under T.C.A. §39-13-102, intentional aggravated assault is a Class C felony carrying 3 to 15 years in prison. Reckless aggravated assault is a Class D felony, punishable by 2 to 12 years in prison. A felony conviction can affect employment, housing, child custody arrangements, and the right to possess firearms.

Defense Strategies for Battery Charges in Tennessee

Every battery case turns on its own facts, and the prosecution’s version of events is rarely the complete picture. We examine the evidence closely, including witness accounts, surveillance footage, and the circumstances surrounding the alleged contact, to identify weaknesses in the state’s case.

Several recognized defenses apply to battery-related charges under Tennessee law:

Self-Defense & Defense of Others

Tennessee law permits the use of reasonable force when a person reasonably believes they face an imminent risk of bodily harm. Self-defense and defense of others can serve as a complete defense to a battery charge. When the evidence supports it, we build this defense through witness testimony, prior incident history, and the physical circumstances of the encounter.

Misidentification

In altercations involving multiple people, witnesses and alleged victims can misidentify who made physical contact. Misidentification is a well-established defense, and challenging eyewitness identification is an area where thorough investigation and cross-examination can make a measurable difference.

Lack of Intent

Because Tennessee’s assault statute requires a knowing or intentional act, accidental contact doesn’t satisfy the elements of the offense. When the evidence shows the act was unintentional, that challenge strikes at the foundation of the prosecution’s case.

Why Memphis Defendants Choose Ferguson McNeil Law Firm, P.A.

Our lead attorney holds the Certified Specialist in Criminal Law Advocacy designation from the National Board of Trial Advocacy, a credential that requires demonstrated trial experience and rigorous peer review. That courtroom foundation reflects trial readiness and a strong command of criminal defense strategy.

Experience and Credentials
With over 35 years of criminal defense experience, we’ve handled high-stakes matters across a wide range of charge types and fact patterns. Our lead attorney also carries an AV Preeminent® Rating from Martindale-Hubbell®, the highest possible peer rating, and our firm holds membership in both the National Association of Criminal Defense Lawyers (NACDL) and the National College for DUI Defense.

Trial Readiness in Shelby County
When your case reaches Shelby County Criminal Court, you need a nationally recognized litigator ready to defend your rights before a judge or jury. That’s what we bring. Visit our attorney profile to learn more, or explore our approach to violent crimes defense.

Schedule Your Free Case Evaluation

A battery charge in Memphis can move quickly through the system. The earlier you have experienced defense counsel involved, the more options may be available to you. Se habla español.

Contact Ferguson McNeil Law Firm, P.A. online at our contact page or call (901) 878-5434 to schedule your free case evaluation today.