In recent years, the safety of law enforcement officers has become a growing concern across the United States, with Tennessee being no exception. High-profile incidents involving ambush-style attacks on officers have raised alarms, prompting a legislative response aimed at better protecting those who serve and protect our communities.
Enter Tennessee’s new “Back The Blue Act“—a significant piece of legislation that imposes harsher penalties on those who assault law enforcement officers. This law, which came into effect in July 2024, is not just a reflection of Tennessee’s commitment to safeguarding its officers but also a powerful statement about the seriousness with which these crimes are treated.
Key Provisions of the Back the Blue Act
The Back The Blue Act introduces several critical changes to how Tennessee prosecutes and penalizes assaults against law enforcement officers:
-  Class E Felony Classification: Under the new law, assaulting a law enforcement officer is now classified as a Class E felony. This is a significant change from the previous classification, where such assaults were often treated as misdemeanors. As a Class E felony, the offense carries more severe penalties, reflecting the state’s commitment to deterring assaults on officers​.
-  60-Day Minimum Incarceration: One of the hallmark provisions of the Back The Blue Act is the imposition of a mandatory minimum sentence of 60 days in jail for anyone convicted of assaulting a law enforcement officer. This mandatory sentence ensures that individuals convicted under this law will face time behind bars, regardless of the circumstances​. Previously, the mandatory minimum sentence was 30 days in jail.
-  $10,000 Fine: In addition to mandatory jail time, the law imposes a substantial financial penalty. Offenders must pay a fine of $10,000, which is significantly higher than the fines typically associated with misdemeanor assault charges. This financial penalty serves as both a punitive measure and a deterrent​. Again, this increased from the previously mandatory minimum fine of $5,000.
These provisions collectively represent a substantial shift in how Tennessee addresses crimes against law enforcement officers, aiming to provide stronger protections and more severe consequences for those who threaten the safety of these public servants.
What Qualifies as an Assault on a Law Enforcement Officer?
In the state of Tennessee, assault on a first responder includes various forms of harmful conduct, aiming to provide comprehensive protection for those in public safety roles. Here’s a breakdown of the actions that could lead to a felony charge under this new legislation when committed against a law enforcement officer:
- Physical Attacks: Any intentional act of violence, such as striking, punching, or kicking, falls under the definition of assault. Even an attempt to physically harm, where the intent is clear but no injury occurs, is sufficient to constitute an assault.
- Threatening Behavior: Making credible threats of violence against an individual, which causes them to fear for their safety, is also considered an assault. This could include verbal threats or threatening gestures that are perceived as an immediate danger.
- Use of Objects or Weapons: Assault with a weapon or object, whether it’s a firearm, knife, or any item that can inflict harm, escalates the offense. The use of such objects to intimidate or cause injury is particularly serious under the law.
- Aggravated Circumstances: Circumstances that increase the severity of the offense, such as assaults during a riot or with the intention of causing significant harm, can lead to enhanced penalties. The law specifically targets acts that show a blatant disregard for the safety of the alleged victim.
Specific Protections For Law Enforcement Officers
Under the “Back the Blue Act,” a law enforcement officer is defined broadly to include various positions. These include:
- Â Local Police Officers: This refers to officers certified by the Peace Officer Standards and Training Commission, including those serving in city and county police departments.
- Â Capitol police officers: Officers responsible for security at the state capitol.
- Â Tennessee Highway Patrol officers: State troopers who enforce traffic laws and respond to incidents on highways.
- Â Tennessee Bureau of Investigation (TBI) agents: State-level criminal investigators.
- Â Tennessee Wildlife Resources Agency officers: Officers enforcing wildlife laws and regulations.
- Â Deputy jailers: Officials managing inmates in county jails.
- Â Park rangers: Employed by the Division of Parks and Recreation in the Department of Environment and Conservation, responsible for enforcing laws in state parks.
How a Criminal Defense Lawyer In Tennessee Can Help
Being charged with assault on a law enforcement officer brings significant challenges, but an experienced criminal defense lawyer can make a big difference in achieving a positive outcome:
1. Case Evaluation and Strategy Development
A defense lawyer will carefully review all aspects of your case, including the evidence, witness statements, and police reports. This helps identify any weaknesses in the prosecution’s case, such as inconsistencies or procedural mistakes by law enforcement.
2. Exploring Defense Options
A lawyer can explore various defense strategies based on your situation, such as:
- Â Self-Defense: Arguing that your actions were in self-defense or defense of others.
- Â Lack of Intent: Showing there was no intent to harm the officer, which can be key in reducing charges.
- Â Mitigating circumstances: Explaining your circumstances to the prosecutor for why you may have assaulted an officer such as past experiences with law enforcement, any alcohol, drug or mental health issue that we can address and demonstrate was the reason for your actions may result in the prosecutor working with us towards a resolution that avoids the felony conviction, and mandatory jail and fines.
3. Negotiating Plea Deals
A defense lawyer can negotiate with prosecutors to reduce charges or secure a lighter sentence. This may involve a plea deal to avoid the most severe penalties if the evidence against you is substantial.
4. Mitigating Penalties
If a conviction is likely, a lawyer will work to reduce penalties, seeking alternatives to jail time (like probation or community service) and arguing for lower fines or restitution.
5. Guidance and Support Throughout the Process
A knowledgeable defense lawyer provides not only legal representation but also clear guidance throughout the process, helping you understand your rights, options, and potential outcomes.
Facing Serious Charges? Call Barnes & Fersten
If you or a loved one has been charged with assault on a first responder, it’s important to act quickly, especially if they are facing enhanced penalties. Having an experienced criminal defense attorney can make a significant difference in defending your rights, reducing penalties, and achieving the best possible outcome.
Don’t face these charges alone. Call Barnes & Fersten at 865-805-5703 or fill out or contact form for a free consultation. Let us provide the defense you need to navigate this challenging time and protect your future.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Roane County, Anderson County, and Cumberland County.
