Tennessee & Georgia Assault Defense Lawyers
Charged with assault? There’s always more to the story.
Assault charges often grow out of fast-moving, emotional situations, and the first version of events isn’t always the full picture. Davis & Davis defends people charged with simple assault, aggravated assault, and domestic assault in Tennessee and Georgia, from our offices in Chattanooga, Winchester, and Dalton.
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Assault Defense
Assault Charges in Tennessee & Georgia
Tennessee and Georgia both treat assault seriously, but they define it differently. Tennessee uses one charge, assault, to cover threats, injuries, and offensive contact. Georgia separates these into assault, which covers threats and attempts, and battery, which covers actual physical contact or injury.
In both states, the charge can range from a misdemeanor to a serious felony depending on whether anyone was hurt, whether a weapon was involved, and who the alleged victim was. Many of these cases come down to credibility, conflicting stories, and whether you acted in self-defense.
ON THIS PAGE
01
Simple Assault & Battery Charges
The most common assault charges are misdemeanors in both states. In Tennessee, simple assault can mean causing an injury, making someone reasonably fear an injury, or making offensive physical contact. In Georgia, the same conduct may be charged as simple assault, simple battery, or battery, depending on whether there was contact and how much harm it caused.
Even a misdemeanor can mean jail time, probation, fines, and a record that shows up on background checks. Here’s how the two states compare:
| Tennessee | Georgia | |
|---|---|---|
| How it’s charged | Assault covers threats, injuries, and offensive contact | Split into simple assault (threats or attempts), simple battery, and battery (contact or injury) |
| Basic charge level | Usually a misdemeanor | Usually misdemeanors |
| Serious charges | Aggravated assault is a felony | Aggravated assault and aggravated battery are felonies |
| Domestic cases | Domestic assault carries added penalties, including firearm consequences | Family violence charges carry enhanced penalties, including firearm consequences |
| Self-defense | No duty to retreat where you have a lawful right to be | No duty to retreat where you have a lawful right to be |
02
Aggravated Assault Charges
An assault becomes aggravated in both states when it involves a deadly weapon, a serious injury, or strangulation, among other factors. In Georgia, a separate charge of aggravated battery can apply when someone is seriously disfigured or loses the use of part of their body. These are felony charges that can carry years in prison.
Aggravated assault cases often turn on details: whether an object was really used as a weapon, how serious the injury actually was, and what each person intended. We look closely at medical records, witness accounts, and any video to challenge the charge.
03
Domestic Assault & Family Violence
When an assault involves a spouse, partner, family member, or someone you live with, it’s treated as domestic assault in Tennessee or family violence in Georgia. These charges move quickly. An arrest is common even when the facts are unclear, and bond conditions often bar you from contacting the other person or returning home.
A domestic violence conviction can have lasting consequences, including the loss of your right to own a firearm under federal law, required intervention programs, and effects on custody. Records in these cases can also be harder to clear. We take these charges seriously from the first day.
Follow Your Bond Conditions
If a no-contact order is part of your bond, follow it exactly, even if the other person reaches out to you. A violation can lead to new charges and make your case harder to defend.
04
Assault on a Police Officer or First Responder
Both Tennessee and Georgia impose tougher penalties when the alleged victim is a police officer, firefighter, emergency medical worker, or other first responder. What might otherwise be a misdemeanor can carry mandatory jail time or be charged as a felony.
These cases often arise from tense, chaotic arrests, and body camera and dash camera footage can be critical. We review every recording and report to understand what really happened.
05
Assault Charges From Fights
Many assault charges come out of bar fights, arguments that escalate, or disputes between neighbors or acquaintances. When both people were involved, who gets charged often depends on who called the police first or who had the more visible injury, not necessarily who started it.
Witness statements, security footage, and phone videos can change the picture entirely. The sooner we can gather that evidence, the better.
06
Orders of Protection & No-Contact Orders
Assault charges often come with a protective order. In Tennessee, that may be an order of protection. In Georgia, it may be a temporary protective order. These orders can require you to leave your home, stay away from certain people, and give up firearms while they’re in effect.
A protective order hearing is separate from the criminal case, but what’s said there can affect it. It’s important to have a lawyer before that hearing, and violating an order can lead to new charges in either state.
07
Assault Defense Strategies
Every assault case is different, but most defenses come down to what really happened and why. Both Tennessee and Georgia recognize your right to defend yourself and others, and neither generally requires you to retreat when you’re somewhere you have a right to be.
Defenses we often explore:
After an Arrest
What to Do After an Assault Arrest
The steps you take right after an arrest can protect both your case and your freedom.
01
Follow bond conditions
Obey any no-contact order exactly, even if the other person contacts you first.
02
Stay silent
Don’t discuss what happened with police, the alleged victim, or on social media. Ask for a lawyer.
03
Save the evidence
Photograph your own injuries, and keep texts, call logs, and the names of anyone who saw what happened.
04
Talk to a lawyer early
Get advice before your first court date or any protective order hearing.
Tennessee & Georgia Law
Tennessee & Georgia Assault Laws
The two states label these crimes differently, but the stakes are high in both.
How charges are graded
In both states, charges depend on injuries, weapons, and the relationship between the people involved. Most basic charges are misdemeanors, while aggravated charges are felonies.
Self-defense rights
Tennessee and Georgia both allow you to use reasonable force to defend yourself or others, and neither generally requires you to retreat when you’re somewhere you have a right to be.
Lasting consequences
An assault conviction can affect your job, housing, and immigration status. A domestic violence conviction can also end your right to own a firearm.
This is general information, not legal advice. Deadlines and rules depend on the facts of each case.
Why Davis & Davis
Why Choose Our Assault Defense Lawyers
Judicial perspective
Our founder spent 22 years as a Franklin County General Sessions Judge, and Robert Davis serves as Municipal Judge in Decherd. We know how these cases are weighed from the bench.
Recognized criminal defense
Andy Peters Davis was named one of the American Institute of Criminal Law Attorneys’ 10 Best Attorneys in Tennessee and has been selected to The National Trial Lawyers Top 100 for four consecutive years.
Ready for trial
Assault cases often come down to credibility. When the evidence supports your side, we’re prepared to make your case in front of a judge or jury.
Assault FAQs
Don’t see your question?
Contact the office nearest to you. We’re here to guide you.
What’s the difference between assault and battery?
It depends on the state. Tennessee uses one charge, assault, for threats, injuries, and offensive contact. Georgia separates them: assault generally means a threat or attempt to cause harm, while battery means actual physical contact or injury.
Can the alleged victim drop the charges?
Not on their own. Once charges are filed, the prosecutor decides whether the case moves forward, in both Tennessee and Georgia. The alleged victim’s wishes can matter, but the case may continue even if they want it dropped.
Is aggravated assault always a felony?
Yes. In both Tennessee and Georgia, aggravated assault is a felony that can carry a prison sentence. The exact penalties depend on the facts, including whether a weapon was involved and how serious any injury was.
Can I claim self-defense?
Often, yes. Both states allow you to use reasonable force to protect yourself or others when you reasonably believe it’s necessary, and neither generally requires you to retreat when you’re somewhere you have a right to be. Whether self-defense applies depends on the facts, so it’s important to preserve evidence early.
Will a domestic assault conviction affect my gun rights?
Yes. Under federal law, a conviction for a domestic violence offense, even a misdemeanor, generally bars you from owning or possessing a firearm. Protective orders can also require you to give up firearms while they’re in effect.
Can an assault charge be removed from my record?
Sometimes. Dismissed charges can often be cleared in both states, and some cases can be resolved through diversion in Tennessee or First Offender treatment in Georgia. Domestic assault records face special restrictions, so ask about your options before accepting any plea.
Related Practice Areas
More Criminal Defense Services
Talk to an Assault Defense Attorney Today
The sooner you get advice, the more options you may have. Contact Davis & Davis for a confidential consultation at our Chattanooga, Winchester, or Dalton office.
