Understanding The Difference Between Aggravated Assault And Simple Assault

Understanding The Difference Between Aggravated Assault And Simple Assault

If you’re confused by the idea that in Tennessee has two different types of assault, simple and aggravated, you’re not alone. The state is full of people who don’t know the difference between these two criminal charges.

Throwing a punch at a guy who was irritating you while you were trying to enjoy a beer at your favorite bar is usually a simple assault. However, if you grabbed a knife or started swinging a pool stick, the charge will likely be bumped up to aggravated assault.

Aggravated assault is covered in Tennessee’s Penal Code Section 245. The way the law is written, aggravated assault takes place when an assault involves the use of a deadly weapon (including a gun). Don’t assume that just because you didn’t have a weapon in your hand that you can’t be charged with aggravated assault. The law is written in such a way that if the end goal of the assault was to kill, rob or rape your victim, you’ll be charged with aggravated assault.

The Punishment For Aggravated Assault In Tennessee

The penalties connected to aggravated assault are quite serious, particularly if you’re found guilty of felony aggravated assault.

If the assault was minor enough for you to only be charged with misdemeanor aggravated assault, you could potentially face:

  • One year in jail
  • Probation
  • The loss of the weapon you used during the assault
  • Community service
  • Restitution

It’s not uncommon for individuals who are found guilty of misdemeanor aggravated assault to be ordered to complete an anger management course.

The biggest difference in the penalties connected to misdemeanor and felony aggravated assault is that the sentence will likely be longer and you’ll have to serve it in state prison. You’ll also have to live with all the long term repercussions of having a felony record.

Felony aggravated assault is covered by Tennessee’s Three Strikes Law. The third time you’re convicted, the sentence is an automatic 25-life in state prison.

Defending Yourself From An Aggravated Assault Conviction

Proving you’re not guilty of aggravated assault isn’t easy, even though the burden of proof lies on the prosecution. You’re best lines of defense involve:

  • That you were defending yourself.
  • You have been falsely accused.
  • Lack of intent.

The best way to make sure you never have to defend yourself in a felony aggravated assault situation is to remove yourself from any potentially volatile situation you encounter while you’re armed with anything that could be considered a deadly weapon.


Can I Have A Payment Plan To Pay For Bail?

Can I Have A Payment Plan To Pay For Bail?

When people need to make big expenses, they want to make sure they can truly afford the expense. This is especially important when it comes to rescuing a loved one from jail. You want to be able to afford the bail. Sadly bail, costs several thousands of dollars here in Tennessee. Luckily, Action Bail Bonding is here to make things more affordable.

One of the easiest ways we do that is by providing payment plans for our clients. With a payment plan, the cost of the bail bond, which is already 90% cheaper than the bail itself, becomes more manageable. The payment plan takes the bail bond and breaks it into smaller pieces that a person can actually afford.

Things get even better when you take into account the fact that we personalize all of our payment plans. Here at Action Bail Bonding, we understand that everyone is different and has their own, unique budget. That is why we make sure that the monthly payments work with each client’s budget.

If, for some reason, a client knows that they are going to be late with one of their payments, they can talk to their agent beforehand. We understand that things change and what might have been affordable a few months ago can be unaffordable this month. As long as our clients talk with us in advance, we are more than happy to work with them to make sure the bail bond remains affordable.

Aside from providing payment plans for our clients, we also provide all of the following for our clients.

  • 24/7 Bail Bond Service
  • FREE Consultation
  • 20% Discount
  • Phone approvals
  • 0% Interest Payment Plans
  • No Hidden Fees
  • No Collateral with Working Co-Signer
  • Se habla Español

If you need to bail someone out of jail and want to make sure that you can afford to, contact Action Bail Bonding. We will provide you with a personalized payment plan that breaks down the cost of the bail bond and spreads it out over several months. With our help, you will be able to afford to rescue your loved one from jail.

To learn more about our services or simple get a FREE bail bond consultation, call Action Bail Bonding at 901-476-2245 or click Talk To An Agent Now to chat.

How To Expunge A Criminal Record In Tennessee

How To Expunge A Criminal Record In Tennessee

A criminal record can haunt you for the rest of your life. Even a minor offense can make it difficult for you to land your dream job, build a successful relationship, obtain business licenses, and even be approved for loans. The problem is that many people find out that you have a record and automatically assume that you’re in trouble. Many people fail to look any deeper into the situation. Arranging to have your criminal record expunged is one of the ways you can regain control of your life.

Difference Between Expunged Criminal Record And A Case Dismissal

It is important to know that there is a huge difference between having a criminal record expunged as opposed to a case dismissal in Tennessee.

What Is A Dismissal In Tennessee?

Having your case dismissed is the best possible thing that can happen to you. A case dismissal means that either the prosecutor or a judge looked at the details surrounding your case and decided to completely drop the charges.

Reasons for a case dismissal include:

  • Lack of evidence against you.
  • A failure to follow proper arrest/investigation procedures.
  • A Fourth Amendment violation.
  • Inadmissible testimony.

While your criminal record will show you were charged by the police, your dismissed case won’t appear on background checks run by potential employers and creditors. They can’t hold the dismissed case against you, though it’s possible that they will ask you about the arrest.

What Is An Expunged Case In Tennessee?

Expungement is different from a dismissal. When you’re case is expunged, all traces of it are removed from your record. When a background check is run on you, it will show no evidence that you were even talked to by the police, much less charged with anything.

It’s important to remember that when you have a case expunged from your record, it only applies to that case. If other charges were filed against you at some point, they remain on your record.

In some situations, it is possible to expunge your entire criminal record.


What Are Tennessee’s Laws On Fighting In Public?

What Are Tennessee’s Laws On Fighting In Public?

For the most part, people are able to go about their day without much confrontation. In most instances, people would rather things go smoothly than get into a fight. Unfortunately, there are still times when fights will arise. Often times, they occur because one, or both, of the parties involved is not in their usual state of mind.

Maybe one person is having a bad day or the other has been drinking. In those instances, the people are much easier to anger, and harder to calm down. What everyone needs to remember is that getting into a fight in public can have a lot of negative consequences. Aside from all of the physical injuries, a person could also get into legal trouble too.

Don’t Disturb The Peace

Fights are no fun, and can be very dangerous for everyone involved. This is why there are several laws against fighting here in Tennessee. If a person allows themselves to get caught up in a brawl, they could face several different charges.

The first charge that a person may face for fighting in public is under Tennessee Penal Code 415, which is the state’s disturbing the peace law. Under this law, it is illegal for a person to disturb someone else with loud music, offensive words or by starting a fight.

A few examples of breaking this law include:

  • Pointing a speaker at a neighbor’s house and playing loud music with the intent of annoying them.
  • Using offensive words or racial slurs to provoke another individual.
  • Starting a fight with another person while in a public place.

If a person does any of these, they are guilty of disturbing the peace. Tennessee Penal Code 415 is a wobbler offense, meaning that it can be charged either as an infraction or as a misdemeanor. As an infraction, a person will likely face a small fine. As a misdemeanor, a person will face:

  • Up to 90 days in jail.
  • A max fine of $400.

Assaulting Someone Is No Good

Next on the list of crimes that a person can be charged with for fighting is Tennessee Penal Code 240, Tennessee’s simple assault law. Under this law, it is illegal for an individual to willfully, violently hurt, or attempt to violently hurt, another individual. Some examples of this can include:

  • Throwing a drink in another person’s face.
  • Throwing rocks at another individual.
  • Trying to punch someone but missing.

Tennessee Penal Code 240 is a misdemeanor offense that comes with:

  • Up to 6 months in county jail.
  • A max fine of $1,000.
  • Misdemeanor probation.

The consequences for assault can be doubled if the victim was someone who was currently working, such as:

  • A doctor or nurse providing emergency aide.
  • A firefighter.
  • A police officer.
  • An animal control officer.
  • An EMT.

If a deadly weapon is used, such as a knife, a gun or even a car, then a person will face charges under Tennessee Penal Code 245(a)(1), Tennessee’s assault with a deadly weapon law. Understandably, this law carries harsher consequences:

  • Up to 4 years in state prison.
  • A max fine of $10,000.
  • Felony probation.

Battery Is Even Worse

The next crimes that a person could be charged with for fighting is Tennessee Penal Code 242 or 243, Tennessee’s battery laws. Under these laws, it is illegal for a person to willfully use unlawful force against someone. If the person causes their victim pain, they will face charges under Penal Code 243. If they don’t cause pain, they will face charges under Penal Code 242.

The crime of battery differs from assault. Assault is primarily concerned with the person’s attempt to cause harm, whereas battery is concerned with the harm that was actually caused.

The penalties for Penal Code 242, simple battery or battery that didn’t cause harm, is a misdemeanor offense that comes with:

  • Up to 6 months in jail.
  • A max fine of $2,000.
  • Misdemeanor probation.

Battery that causes serious injuries on the victim is known as aggravated battery under Penal Code 243. This is a wobbler offense that can be charged as either a misdemeanor or a felony depending on the facts of the case. With this offense, a person can face anywhere from 1 year in a county jail up to 4 years in a state prison.

Just like with assault, the consequences of battery increase if the victim was an on duty:

  • Animal control officer
  • Doctor
  • EMT
  • Firefighter
  • Police officer

Don’t Start A Fight

Starting a fight is never a good idea. Not only will it leave a person with plenty of injuries, it could also get a person into some serious legal trouble. This is especially true if the victim in the incident was someone who was trying to do their job. Even if a person is having a bad day and someone is bugging them for whatever reason, the best thing to do is to take a deep breath and walk away. Doing that will have a much better outcome.

What do you think of Tennessee’s different laws surrounding fighting in public?

Do you think there are enough? Do the punishments fit the crimes? Is there anything you would change? Tell us what you think in the comments down below.


Choosing A Good Bail Bond Company

Choosing A Good Bail Bond Company

When you need help covering your bail, you don’t want to deal with some fly-by-the-night bail bond company who will take your money and disappear. You want to work with a family-owned company that will help you through this difficult time.

The problem is that if you have never been arrested, it’s difficult to know which bail bond company you should choose. The good news is that there are some things you can look for that will help you make the right decision.

Ask For Recommendations

Yes, you want to get out of jail as quickly as possible, but that doesn’t mean you should call the number that is scratched into the wall of your cell. You want to deal with a reputable Tennessee bail bond company. Instead of asking your fellow inmates for suggestions, talk to the people who knows. Your lawyer should have a few names. The detention officers should also be able to provide a few bail bond companies they like working with.

Look For A Bail Bond Company With A History

Bail bond companies that have been serving Tennessee for several years are usually your best bet. The fact that they have been around for decades indicates that they are fair and legit. They also have the knowledge and connections needed to quickly secure your release from jail.

Demand Excellent Customer Service

When you contact a bail bond company, you shouldn’t get the impression that they’re not concerned about your well-being. Remember, you’re the customer. They should treat you as such. The person you speak to when you initially contact the bail company should provide you with some basic information about the business, answer any bail-related questions you have, and give you the impression that they are working with you. You shouldn’t feel pressured to sign with them. They should invite you to take your time so you can consider all of your options.

Why You Should Consider Our Services

Action Bail Bonding is a family-owned bail bond company in Tennessee that has been helping people with bail since 1987. We can help you too!

Our services include:

  • 24/7 Bail Bond Service
  • FREE Consultation
  • 20% Discount
  • 0% Interest Payment Plans
  • Over the Phone Approvals
  • No Hidden Fees
  • No Collateral with Working Co-Signer
  • Easy to Understand Contracts
  • Discrete Service
  • Se habla Español

If you or someone you know needs fast, reliable, and affordable bail bond service that you can truly trust, it is in your best interest to contact Action Bail Bonding. With us on your side, you can rest easy knowing you’re in good hands.

Bail help is only a phone call away at Action Bail Bonding, call 901-476-2245 or click Talk To An Agent Now to chat.

The Difference Between A Juvenile And An Adult

The Difference Between A Juvenile And An Adult

It’s difficult to keep track of the number of times someone on a procedural show struggles to figure out if a young person should be charged as an adult or as a juvenile. Considering how many times television shows and movies use the conundrum as a plot device, it’s easy to fall into the habit of assuming that the Tennessee legal system routinely grapples with the same issue.

While there are cases where a prosecutor isn’t sure if they should charge someone as a juvenile or an adult, in most situations, the answer is clear.

In most cases, anyone who is under the age of 14 can not be charged as an adult. If a suspect is over the age of fourteen, but not yet eighteen, there are situations where they will face adult charges. The state has already laid out these situations.

Situations where a minor who is over the age of 14 can be charged as an adult include:

  • Attempted murder
  • Arson (that involves bodily harm or a building that’s inhabited, death)
  • Assault with a firearm
  • Carjacking
  • Discharging a gun into an inhabited building
  • Drive-by-shooting
  • Manufacturing/distributing/selling half an ounce or more of a controlled substance
  • Murder
  • Rape that involves threatening violence
  • Robbery
  • Sodomy involving lack of consent and bodily harm/threat of violence
  • Performing a lewd or lascivious act on a child who is under 14
  • Oral copulation involving lack of consent and bodily harm/threat of violence
  • Kidnapping for ransom
  • Kidnapping for robbery
  • Kidnapping for sexual assault
  • Kidnapping that involves bodily harm/threat of violence
  • Violating Section 1203.09 of the Penal Code
  • Violent felony acts that violate Penal Code 186.22(b)
  • Torture
  • Aggravated mayhem
  • Voluntary manslaughter

For the between 14 & 17-year-old suspect to be charged as an adult, the prosecutor must prove that the suspect was the one who actually committed the crimes. They can’t have merely been involved with the situation.

The worst thing about a minor getting charged as an adult for a serious crime is that they can’t use their age to obtain a more lenient sentence. Once the decision has been made to charge the minor as an adult, the young suspect faces the same type of sentencing older suspects face. In the case of serious felonies, this could include life in prison with the possibility of parole.

While the idea of charging someone as young as fifteen for an adult crime, like murder, might seem harsh. The hope is that knowing they could be charged as an adult and face severe consequences will discourage kids from attempting some extremely serious crimes and ruining their lives forever.


How To Appear And Conduct In Court

How To Appear And Conduct In Court

  • Arrive to your court hearing a few minutes early.
  • Dress appropriately like you are going for an interview. Avoid flashy jewelry and distracting, revealing, and unkempt clothing items.
  • Remove hats and sunglasses.
  • Do not chew gum.
  • Sit and stand straight.
  • Speak and answer only when you are asked.
  • Speak clearly.
  • Say “yes” and “no” rather than nodding and shaking your head.
  • Remain calm and collected. Do not grow angry and argumentative.
  • Turn your cell phone off.
  • If you have young children who would not be in school at the moment, arrange to have someone babysit them at home.
  • Trust your lawyer and let them do the talking, unless you are asked to speak.
  • Use the bathroom before court begins.
  • Be respectful. Address the judge by “Your Honor.”

These are tips on how one should appear and conduct themselves in court. As a defendant accused of a crime, these will help show the court that you are taking this matter seriously. Body language and appearance can influence the court.

If you are out on bail, you will have a better time prepping for court, both in your appearance and also in your case. Posting bail is easy when Action Bail Bonding is involved. So, if you or a loved one ever need a bail bond, please contact Action Bail Bonding online or by calling 901-476-2245. We offer FREE consultation, so talk to one of our helpful bail agents and ask about our zero down bail bonds and discounts we offer along with your other bail-related questions. We are a 24/7 bail bond company that is always ready to assist and help you with all your bail bond needs.

Call Action Bail Bonding at 901-476-2245 and get your FREE consultation or Chat With Us now.