People are generally aware that some crimes may be charged as “aggravated” offenses. That often happens if the victim is considered a vulnerable person, like a child or an elderly or disabled person.
Further, if a deadly weapon like a gun is used and/or serious injuries are suffered – even if the offense itself wasn’t intended to be a violent one – prosecutors may raise the charge to “aggravated” if that option exists in the law.
Tennessee law includes yet a higher level, “especially aggravated” for some offenses. This allows prosecutors to raise the stakes and the consequences if the circumstances of a crime warrant it, as detailed in the law. Tennessee has especially aggravated assault, burglary, robbery, kidnapping and rape.
What is especially aggravated assault?
The details in the law about especially aggravated assault provide an example of what causes a crime to rise to that level. The law describes it as “intentionally or knowingly” or “recklessly” displaying or using a deadly weapon in an assault that causes “serious bodily injury.” The details of the alleged offense can also determine whether it’s charged as a Class C or a more consequential Class B felony.
All of the details of a criminal offense matter. What the prosecution says happened determines the offense with which someone is charged and, therefore, the potential consequences. That’s why it’s critical to get experienced legal guidance as early as possible if you have been charged with a serious crime. This can help ensure that your rights are protected and that you make informed decisions as you move through the justice system.
