Criminal Defense Attorney Kevin Kennedy prosecuted assault cases as a prosecutor in the Davidson County District Attorney’s Office. He now uses that practical experience to defend clients accused of assault involving a law enforcement officer. Kevin holds his law degree from Vanderbilt Law School and is an active member of the Tennessee Association of Criminal Defense Lawyers.
Client Reviews
What Clients Say
“10/10 was a great help in working my case and helped to an extraordinary degree communicating everything that was going on and that would transpire. I completely would recommend Kevin Kennedy to anyone that needs legal help!!!!”Cameron
An altercation with a police officer is prosecuted harder than almost any other assault case — and it is also almost always on video. Tennessee law gives officer-victim status legal significance, but an assault charge involving an officer is not automatically a felony, and the State still has to prove every element of whatever theory it charged.
If you are facing an assault charge involving a law enforcement officer in Nashville or Middle Tennessee, call Kevin Kennedy Law Firm for a free, confidential consultation. This page focuses on the officer-specific issues; the firm’s general assault page and aggravated assault page remain the broad guides.
Tennessee Law on Assaults Against Officers
Assaults against law enforcement officers can be charged under the general assault statute, Tenn. Code Ann. § 39-13-101, under officer-specific provisions that address assaults on officers and first responders performing official duties, or as aggravated assault under § 39-13-102 when the facts support it. The charging document controls which theory and classification apply — and the exact statutory provisions and any mandatory minimums should be verified against the law in effect on the offense date, because this area has been amended in recent years.
The Elements and the Officer’s Status
The State must prove the elements of the underlying assault theory — bodily injury, reasonable fear of imminent bodily injury, or extremely offensive or provocative contact — and, where an officer-specific provision applies, that the victim was a law enforcement officer performing official duties and that the accused knew it. Officer status is not a formality: it is an element the State must establish.
Performing Official Duties
Officer-specific provisions generally require that the officer was performing official duties at the time. An altercation with an off-duty officer acting in a personal capacity is analyzed differently. What the officer was doing — and whether it fell within official duties — can be a genuine issue.
Knowledge That the Victim Was an Officer
Where an officer-specific provision applies, knowledge matters. Plainclothes officers, unmarked vehicles, darkness, and chaotic scenes all create real knowledge issues — the same issues that arise in resisting arrest and evading arrest cases.
Classifications and Penalties
Not every assault on an officer is a felony. The classification depends on the theory charged and the facts: some officer-assault cases are misdemeanors, while cases involving serious bodily injury or a deadly weapon can be charged as aggravated assault, a felony. Officer-victim status can also affect sentencing. The specific exposure should be calculated from the charging document and the current statute.
How Officer Cases Differ From Ordinary Assault
Three things distinguish these cases practically. First, the alleged victim is a trained witness whose account carries institutional weight. Second, the encounter is almost always recorded. Third, the charge rarely travels alone — resisting, evading, and disorderly conduct commonly accompany it, and each must be defended on its own elements.
Body-Camera and Dash-Camera Evidence
Body-camera and dash-camera footage is usually the most important evidence in the case, in either direction. The footage can show what was announced, who escalated, whether the accused could hear commands, and what the accused actually did — and it sometimes contradicts the written report. It should be requested and reviewed early, before it is lost.
Witness Testimony and Identification
Bystander and officer testimony about a fast, chaotic encounter can diverge sharply from the video and from each other. Where the contact occurred in a crowd or a multi-officer scene, identification of who did what can be genuinely disputed.
Self-Defense and Other Defenses
Tennessee law on self-defense against law enforcement is narrow, and § 39-16-602 makes it generally no defense to a resisting charge that the arrest was unlawful. But the reasonableness of the officer’s conduct and the accused’s response can still matter to the assault analysis and to the jury, and the full range of ordinary assault defenses — intent, injury, identity, and the character of the contact — remains available.
Potential Defenses
- The contact was accidental or reflexive, not intentional or knowing.
- No bodily injury occurred as alleged.
- The accused did not know the person was a law enforcement officer.
- The officer was not performing official duties.
- Body-camera or witness evidence contradicts the officer’s account.
- The accused was misidentified in a chaotic scene.
- The evidence does not satisfy the charged theory’s elements.
Related Nashville Defense Pages
- Nashville Assault Lawyer
- Nashville Aggravated Assault Lawyer
- Nashville Resisting Arrest Lawyer
- Nashville Evading Arrest Lawyer
- Nashville Disorderly Conduct Lawyer
- All Felonies and Misdemeanors
Frequently Asked Questions About Assault on a Law Enforcement Officer
Is assaulting a police officer a separate crime in Tennessee?
Tennessee law provides officer-specific treatment for assaults against law enforcement officers and first responders performing official duties, and an assault on an officer can also be charged under the general assault statute or as aggravated assault depending on the facts. The exact charge on the citation or indictment controls what the State must prove.
Is every assault on an officer a felony?
No. The classification depends on the theory charged and the facts — the injury alleged, whether a weapon was involved, and the circumstances. Some officer-assault cases are misdemeanors; others are charged as aggravated assault, which is a felony. The charging document controls.
What must the State prove in an officer-assault case?
The elements of the underlying assault theory — bodily injury, fear of imminent bodily injury, or offensive contact — plus, where an officer-specific provision applies, that the victim was a law enforcement officer performing official duties and that the accused knew it. Each element can be contested.
Does it matter whether the officer was on duty?
Yes. Officer-specific provisions generally require that the officer was performing official duties. An altercation with an off-duty officer in a personal capacity is a different analysis.
What if I did not know the person was an officer?
Knowledge matters where an officer-specific provision applies. Plainclothes officers, unmarked vehicles, and chaotic scenes create genuine knowledge issues — the same issue that arises in resisting and evading cases.
Can body-camera footage help my defense?
Yes. Officer-assault cases almost always involve body-camera and dash-camera footage, and the footage frequently shows more than the report captures — what was said, who escalated, and what the accused actually did. It should be obtained and reviewed early.
Is self-defense available against a police officer?
Tennessee law on self-defense against law enforcement is narrow, and § 39-16-602 makes it generally no defense to resisting that the arrest was unlawful. But the reasonableness of the officer’s conduct and the accused’s response can still matter to the assault analysis and to the jury. These questions are fact-specific and require counsel.
What other charges usually come with an officer-assault charge?
Resisting arrest, evading arrest, and disorderly conduct commonly accompany an officer-assault charge. Each is a separate offense with its own elements, and a defense to one does not automatically defeat the others.
What are the penalties for assaulting an officer?
Penalties depend on the classification charged — from misdemeanor exposure up to felony penalties where aggravated assault is alleged. Officer-victim status can also affect sentencing. The specific exposure should be calculated from the charging document and the law in effect on the offense date.
What should I do if I am charged with assaulting an officer?
Remain silent and contact a defense lawyer promptly. Preserve your recollection of the encounter in writing, identify any witnesses, and do not discuss the incident with anyone but your lawyer.
Legal references: Tenn. Code Ann. §§ 39-13-101, 39-13-102, 39-16-602, and 40-35-111. This page is general information, not legal advice. Penalty provisions change, and the law in effect on the offense date controls.
If you are facing an assault charge involving a law enforcement officer in Nashville or Middle Tennessee, call or text Kevin Kennedy Law Firm at (615) 205-7311 for a free, confidential consultation.