Memphis Man Brings Gun To Party After Kids Miss Ice Cream,

[topgame85]

Hate to be a pain in the ass here but you both are kind of wrong. First off each state has different rules about what charge is appropriate where so to generalize is not accurate base on personal experience in states outside of Tennessee where this happened. 2nd prosecutors do often over charge so when they plead you "down". The get what you should have actually been charged with instead of a BS lesser charge. Trust me I know. Anyways, they could probably get any conviction they wanted as no jury or judge is going to look kindly on this fellow who probably has a ten page rap sheet already left a child's party to retrieve a firearm and returned. he will probably be buried under the jail.

[topgame85]

Tennessee Assault Defenses

Under Tennessee assault laws, you can be charged with assault even if you don’t touch someone. That’s because assault isn’t necessarily the act of causing physical harm to another person. It can also be the act of making someone believe you are about to cause physical harm.
Causing physical harm to someone will be a more serious version of assault with a more serious penalty. In fact, it may even be a felony in Tennessee. Felonies are considered to be more serious crimes against the state and are usually punishable by a year or more in jail and hefty fines.
If you have been arrested and charged with assault, you will want to work with a Tennessee criminal attorney to come up with a defense strategy to help either keep you out of jail or at least reduce your sentence.
Tennessee Assault Charges Defined

According to Tennessee assault law, there are three definitions for assault.
The first is causing bodily injury to someone else, either knowingly or recklessly. For example, hitting someone with your fist would qualify as assault under this definition.
The second is knowingly or recklessly causing someone to reasonably fear that they might be injured imminently. For example, raising a hand at someone as if to hit them would qualify as assault under this definition.
The final definition of assault is knowingly causing physical contact with someone else that they would regard as offensive or provocative. For example, walking past someone and intentionally bumping into them could be construed as assault under this definition.
Types of Assault

There are many subcategories of assault under Tennessee assault law. The most basic form of assault, often referred to as simple assault, is considered a class A misdemeanor in Tennessee. This crime is punishable by up to one year in jail and a $2,500 fine.
More serious than simple assault is aggravated assault. Aggravated assault is when you cause serious bodily injury to another person or when you use a deadly weapon when assaulting someone.
The severity of the punishment for aggravated assault will depend on your intent when the assault occurred. For instance, if the aggravated assault was intentional, then you may be charged with a class C felony in Tennessee. This means that you could spend anywhere from 3 to 15 years in prison if convicted.
However, if there is no direct intention to commit aggravated assault and instead the assault was committed due to your reckless behavior, then the charge is considered a class D felony in Tennessee. A class D felony assault charge is punishable by 2 to 12 years in prison.


According to this you do not have to touch someone to assault them and involving a weapon in the "assault" turns it to aggravated. So technically they are within their rights to charge hium as they did.

[itchypickle]

Hate to be a pain in the ass here but you both are kind of wrong. First off each state has different rules about what charge is appropriate where so to generalize is not accurate base on personal experience in states outside of Tennessee where this happened. 2nd prosecutors do often over charge so when they plead you "down". The get what you should have actually been charged with instead of a BS lesser charge. Trust me I know. Anyways, they could probably get any conviction they wanted as no jury or judge is going to look kindly on this fellow who probably has a ten page rap sheet already left a child's party to retrieve a firearm and returned. he will probably be buried under the jail.

I agree...refer to my first post on the matter, when I mentioned the logic of the arrest report having multiple lines on it. It goes to the same reason that Mafia leaders are given years of sentencing for 'mail/wire fraud' when the prosecutors are after them for the murders, theft, other RICO rules in current form.....or the 'gets 3 years for a dime bag of marijuana charge' argument...without realizing the other 'harder to prove' crimes that they were actually targeted for.....boils down to what you can/can't prove best in court....and the physical act of holding drugs when busted is an easier route than other activity suspected of....so thats where the judge looks to upon sentencing.

And you also mentioned the prior arrest record the guy might have....this brings up possibility of more felony charges related to the ice cream act if he's not suppose to be in possession of the weapon due to conviction terms....or it's legality (proper purchase...other federal laws)....probation/parole terms. At the end of the day...he's in prison before Thanksgiving is all that matters.

[BigSpoon]

Must have of been ice cream cake.
That shit is to die for

Perfectly reasonable reaction if it was indeed ice cream cake.

[ttrace35]

I'm from ny and I seen this plenty of times. They get a gun charge, not an assault charge. But I won't argue any more. I know the law because after I got convicted, I had plenty of time to study the law. Also seeing hundreds of other inmates cases. The police can charge you with whatever they want. Its up to the D.A. And grand jury to see which will stick. This guy will not get convicted of agg assault.

[topgame85]

NY is completely different than Tenn though, this guy was in Memphis, Tennessee not NY. Trust me when I say each states laws are VERY different. And from the way this law reads in Tennessee he is guilt of agg assault. Whether he is convicted of it is a completely different story. I am no stranger to the law TT done a little time and taken CJ classes as well. Just as a small example theft over $200 in VA is a felony, Oregon it is not a felony unless it is over a thousand. Huge difference in whether you get fine or jail or whether you are headed down the river. Knowing the law in one state is key, knowing the law in many states is clutch, not breaking the law is smart.

[ttrace35]

Yea. I'm no expert. But I know way more than the average dude when it comes to law. Every state is different like you said. I guess in tenn. they can charge you with agg assault. This happens regularly in ny, and its not assault.

[Shack]

Nothing wrong with keeping on your person at all times if the law allows. I have a concealed license for Texas.

[itchypickle]

Yea. I'm no expert. But I know way more than the average dude when it comes to law. Every state is different like you said. I guess in tenn. they can charge you with agg assault. This happens regularly in ny, and its not assault.

Would suck worse for the guy if he was in NY....look at what they gave Plaxico for unregistered handgun violation...and he shot HIMSELF

Memphis is a bad place to be in its own right...never wonder off Beale street with less than 6 guys if you're white or brown......hell I'd rather have to ask for directions out of town in Baghdad than I would downtown Memphis at 3 am on a saturday.....

[Jimmy0607]

Yea. I'm no expert. But I know way more than the average dude when it comes to law. Every state is different like you said. I guess in tenn. they can charge you with agg assault. This happens regularly in ny, and its not assault.

But it didnt happen in NY so the dude got charged with aggr assault

[ttrace35]

But it didnt happen in NY so the dude got charged with aggr assault

Ok dikkhead.

[griz]

typical black antics