Nashville Violent Crimes Lawyer | Aggressive Defense When It Matters Most
Violent crime charges are some of the most serious offenses under Tennessee law. From assault and robbery to homicide, these allegations carry harsh penalties, including long prison sentences, heavy fines, and permanent damage to your reputation. Prosecutors aggressively pursue these cases, and judges often impose tough sentences to “send a message.”
If you’ve been charged with a violent crime in Nashville or anywhere in Middle Tennessee, you cannot afford to face the justice system alone. Attorney Erik Herbert is an experienced Nashville violent crimes lawyer who has defended clients in thousands of criminal cases. He knows how to challenge the prosecution’s evidence, expose weaknesses in their case, and fight for the best possible outcome.
What Are Violent Crimes in Tennessee?
Violent crimes generally involve force, threats, or weapons. Under Tennessee law, these are some of the most aggressively prosecuted offenses.
Common Violent Crime Charges
- Simple Assault (T.C.A. § 39-13-101): Intentionally causing bodily injury, attempting injury, or threatening harm.
- Aggravated Assault (T.C.A. § 39-13-102): Assault involving serious injury, use of a weapon, or assault against protected individuals.
- Robbery (T.C.A. § 39-13-401): Theft accomplished by force or intimidation.
- Aggravated Robbery: Robbery involving a deadly weapon or serious bodily injury.
- Domestic Assault: Assault committed against family or household members.
- Kidnapping / Aggravated Kidnapping: Unlawful confinement or movement of a person, sometimes with ransom demands or threats.
- Manslaughter: Killing without premeditation, often charged as voluntary or involuntary.
- Murder (First or Second Degree): Intentional or felony-related killings.
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Understanding the Burden of Proof in Violent Crime Cases
In any violent crime case, the state has the burden of proving each element of the crime beyond reasonable doubt. This is the highest standard of proof in American law and it is used to protect innocent people from wrongful conviction. However, many defendants do not fully understand what this means or how it applies to their situation.
The prosecution must prove not only that an alleged act took place, but also that the accused committed it with the necessary mental state. For instance, in a case of assault, they must show that the accused acted intentionally or knew what they were doing rather than accidentally. In a case of murder, they must establish premeditation for a first-degree charge. If the prosecution fails to meet this standard on even one aspect of the crime, the accused should be found innocent.
Erik Herbert meticulously reviews every aspect of the charges brought against you, looking for gaps in the prosecution’s case and raising reasonable doubts wherever possible. His thorough approach has led to dismissed charges, acquittals, and reduced sentences for many clients.
Penalties for Violent Crimes in Tennessee
Violent crimes are punished more severely than many other offenses.
Assault
- Simple Assault (Misdemeanor): Up to 11 months and 29 days in jail; fines up to $2,500.
- Aggravated Assault (Felony): 3 to 15 years in prison; fines up to $10,000.
Robbery
- Robbery (Felony): 3 to 15 years in prison; fines up to $10,000.
- Aggravated Robbery (Felony): 8 to 30 years in prison; fines up to $25,000.
Homicide Offenses
- Voluntary Manslaughter: 3 to 15 years in prison.
- Second-Degree Murder: 15 to 60 years in prison.
First-Degree Murder: Life in prison or the death penalty.
The Role of Prior Convictions in Sentencing
Tennessee has strict sentencing laws that can significantly increase penalties for individuals with prior criminal records. According to the Tennessee Criminal Sentencing Reform Act, judges are required to consider several factors when determining a sentence, including an individual’s criminal history, the severity of the current offense, and any potential threat to public safety.
If you have a prior conviction for a felony, especially a violent felony, you may face a significantly longer prison term. Career offender laws can mandate minimum sentences that eliminate judicial discretion altogether. Additionally, defendants classified as Range II or III offenders face enhanced sentencing ranges that could add years or even decades to their sentence.
Erik Herbert understands how to present mitigating factors that can influence sentencing decisions. He helps clients by highlighting their positive contributions to society, addressing substance abuse or mental health issues, showing remorse for past actions, and demonstrating a commitment to rehabilitation. This helps to minimize the negative impact of prior convictions on the current case.
Collateral Consequences of a Violent Crime Conviction
The penalties extend beyond prison time and fines. A violent crime conviction can impact every part of your life:
- Employment: Employers are reluctant to hire individuals with violent crime records.
- Housing: Many landlords deny applicants with criminal histories.
- Gun Rights: Felony convictions result in permanent loss of firearm rights.
- Custody and Family Law: A violent crime record may be used against you in custody disputes.
Reputation: Violent crime convictions carry heavy social stigma.
Defense Strategies for Violent Crime Cases
Every violent crime case is different, and Erik Herbert builds defense strategies based on the unique facts of each situation.
Common Defenses Include:
- Self-Defense: Tennessee law allows reasonable force to protect yourself or others.
- Defense of Property: You may be justified in using force to protect your home or belongings.
- Mistaken Identity: Many violent crimes are charged based on unreliable eyewitness testimony.
- Lack of Intent: The prosecution must prove intent; accidents do not equal crimes.
- Constitutional Violations: If police violated your rights, evidence may be excluded.
Example: Assault in a Bar Fight
If you were involved in a bar fight in downtown Nashville and acted only to protect yourself, Erik can present self-defense evidence such as surveillance video and witness testimony.
The Court Process for Violent Crime Charges in Nashville
Step 1: Arrest and Booking
Violent crime arrests often involve immediate detention and high bail amounts.
Step 2: Arraignment
At your first court appearance in Davidson County Criminal Court, charges are formally read, and you enter a plea.
Step 3: Discovery and Pre-Trial Motions
Your attorney requests police reports, video footage, forensic reports, and witness statements. Motions may challenge evidence.
Step 4: Negotiation or Trial
Some cases may be resolved with reduced charges, while others proceed to jury trial. Erik prepares every case for trial to ensure the strongest defense.
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Why Hire Erik Herbert as Your Nashville Violent Crimes Lawyer?
- Extensive Experience: Thousands of criminal defense cases handled.
- Trial-Ready Representation: Skilled in cross-examining witnesses and challenging evidence.
- Local Knowledge: Familiar with Nashville prosecutors, judges, and court procedures.
- Aggressive Strategy: Focused on minimizing penalties and protecting your future.
Client-Centered Approach: Erik listens, explains your options, and fights tirelessly for your rights.
If you’re facing violent crime charges in Nashville or anywhere in Middle Tennessee, your freedom and future are on the line. You need an attorney who will fight aggressively to protect your rights.
Contact Nashville violent crimes lawyer Erik Herbert today for a confidential consultation.
Common Violent Crimes FAQs
Simple assault involves causing or attempting to cause bodily injury, or making threats that put someone in fear of imminent harm. It is a misdemeanor. Aggravated assault is a felony and involves more serious factors, such as the use of a deadly weapon, causing serious bodily injury, or assaulting a protected person (like a police officer, teacher, or healthcare worker).
Yes, self-defense is a recognized legal defense in Tennessee if you used a reasonable amount of force to protect yourself or someone else from imminent harm. The key is proving that your actions were necessary and proportional to the threat you faced. An attorney will gather evidence, like witness statements or video footage, to support this claim.
“Aggravated” signifies that the crime involved an aggravating factor that increases its severity under the law. This typically includes the use or display of a deadly weapon, the infliction of serious bodily injury, or the victim being particularly vulnerable. Aggravated charges are always felonies and carry significantly longer prison sentences.
In Tennessee, convictions for most violent felonies cannot be expunged (sealed or erased) from your criminal record. They remain permanent. However, if charges are dismissed or you are acquitted at trial, you may be eligible to have the arrest record expunged. This makes securing a dismissal or not-guilty verdict critically important.
Anything you say to law enforcement can be used against you, and investigators are trained to obtain statements that can secure a conviction. Even an innocent explanation can be misconstrued. You have a constitutional right to remain silent and to have an attorney present. Invoking these rights protects you and allows your lawyer to control the narrative.
Possible outcomes range from a full dismissal of charges, a reduction to a lesser offense (like a misdemeanor), a favorable plea agreement, to an acquittal at trial. The strategy depends on the evidence. An experienced attorney will work to expose weaknesses in the prosecution’s case, such as lack of evidence, mistaken identity, or violations of your rights, to achieve the best result.
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