Calling Legal Eagles: TN Case Law for Serious Bodily Harm

[tnguy]

Nope. If you're not in fear of your life, you shouldn't be going for your gun. If you are in fear of your life and you don't go for your gun, I'm sure you'll feel good lying in your casket that you avoided standing trial.

 

If you want to study the tactics of actual situations, that's a totally different thing.

 

(Of course, you do whatever you think best. I'm just saying the way I see it).

Edited February 15, 2015 by tnguy

[Oh Shoot]

Nope. If you're not in fear of your life, you shouldn't be going for your gun. ....

 

Or serious bodily injury. And same as regards protecting yet another person.

 

- OS

[E4 No More]

Nope. If you're not in fear of your life, you shouldn't be going for your gun. If you are in fear of your life and you don't go for your gun, I'm sure you'll feel good lying in your casket that you avoided standing trial.

 

If you want to study the tactics of actual situations, that's a totally different thing.

 

(Of course, you do whatever you think best. I'm just saying the way I see it).

Thanks, but I choose not to ignore half of the law. Whether you do or not is certainly up to you, but this thread was not started to do so.

[tnguy]

"I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do."

 

-- R.A.Heinlein

[jaysouth]

Help me out, in TN, is assault on a senior citizen or the disabled bumpted up a notch?  Simple assault becomes aggrivated assault on someone disabled or a senior citizen? 

 

Thanks

[Oh Shoot]

Help me out, in TN, is assault on a senior citizen or the disabled bumpted up a notch?  Simple assault becomes aggrivated assault on someone disabled or a senior citizen? 

 

Thanks

 

No, no special category for us geezers:

 

(emoticon is actual a "b" in parentheses, copyright symbol is a "c")

 

 

39-13-101.  Assault.

  (a) A person commits assault who:

   (1) Intentionally, knowingly or recklessly causes bodily injury to another;

   (2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or

   (3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.

( B)  (1) Assault is a Class A misdemeanor unless the offense is committed under subdivision (a)(3), in which event assault is a Class B misdemeanor; provided, that, if the offense is committed against a law enforcement officer or a health care provider acting in the discharge of the provider's duty, then the maximum fine shall be five thousand dollars ($5,000).

   (2) In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such that the victim is a domestic abuse victim as defined in § 36-3-601, and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. Such appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411.

(c)  For purposes of this section and § 39-13-102, "health care provider" means a person who is licensed,

certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business in the practicing of a profession.

 

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39-13-102.  Aggravated assault.

  (a)  (1) A person commits aggravated assault who:

      (A) Intentionally or knowingly commits an assault as defined in § 39-13-101, and the assault:

         (i) Results in serious bodily injury to another;

         (ii) Results in the death of another;

         (iii) Involved the use or display of a deadly weapon; or

         (iv) Was intended to cause bodily injury to another by strangulation or bodily injury by strangulation was attempted; or

      ( B) Recklessly commits an assault as defined in § 39-13-101(a)(1), and the assault:

         (i) Results in serious bodily injury to another;

         (ii) Results in the death of another; or

         (iii) Involved the use or display of a deadly weapon.

   (2) For purposes of subdivision (a)(1)(A)(iv) "strangulation" means intentionally impeding normal breathing or circulation of the blood by applying pressure to the throat or neck or by blocking the nose and mouth of another person.

( B) A person commits aggravated assault who, being the parent or custodian of a child or the custodian of an adult, intentionally or knowingly fails or refuses to protect the child or adult from an aggravated assault as defined in subdivision (a)(1) or aggravated child abuse as defined in § 39-15-402.

(c) A person commits aggravated assault who, after having been enjoined or restrained by an order, diversion or probation agreement of a court of competent jurisdiction from in any way causing or attempting to cause bodily injury or in any way committing or attempting to commit an assault against an individual or individuals, intentionally or knowingly attempts to cause or causes bodily injury or commits or attempts to commit an assault against the individual or individuals.

(d) A person commits aggravated assault who, with intent to cause physical injury to any public employee or an employee of a transportation system, public or private, whose operation is authorized by title 7, chapter 56, causes physical injury to the employee while the public employee is performing a duty within the scope of the public employee's employment or while the transportation system employee is performing an assigned duty on, or directly related to, the operation of a transit vehicle.

(e)  (1)  (A) Aggravated assault under:

         (i) Subsection (d) is a Class A misdemeanor;

         (ii) Subdivision (a)(1)(A)(i), (iii), or (iv) is a Class C felony;

         (iii) Subdivision (a)(1)(A)(ii) is a Class C felony;

         (iv) Subdivision ( B) or (c) is a Class C felony;

         (v) Subdivision (a)(1)( B)(i) or (iii) is a Class D felony;

         (vi) Subdivision (a)(1)( B)(ii) is a Class D felony.

      ( B) However, the maximum fine shall be fifteen thousand dollars ($15,000) for an offense under subdivision (a)(1)(A), subdivision (a)(1)( B), subsection (c), or subsection (d) committed against any of the following persons who are discharging or attempting to discharge their official duties:

         (i) Law enforcement officer;

         (ii) Firefighter;

         (iii) Medical fire responder;

         (iv) Paramedic;

         (v) Emergency medical technician;

         (vi) Health care provider; or;

         (vii) Any other first responder.

   (2) In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such that the victim is a domestic abuse victim as defined in § 36-3-601, and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. Such appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411.

 

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- OS

Edited February 18, 2015 by Oh Shoot