Mountain City, TN asked in Criminal Law and Landlord - Tenant for Tennessee

Q: State of TN tenant pull loaded gun and aims the weapon at property owner and owners minor Son, whom was only 8 yrs old

At the time , tenant pointed the loaded weapon at property owner and then owners minor Son. All the while, having her finger on the trigger

2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: What is your question? It may have been an aggravated assault, justified possible use of deadly force, or it may not have actually occurred as you stated.

James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In Tennessee, the situation you described is extremely serious and could lead to criminal charges for aggravated assault, especially since a minor was involved. Aggravated assault in Tennessee is defined as intentionally or knowingly causing another to fear imminent bodily injury with a deadly weapon. Pointing a loaded gun at someone, including a child, certainly meets this criterion.

It's important for the property owner to report this incident to the police immediately. Documenting the event is crucial for any legal action. Additionally, seeking legal counsel would be advisable to navigate the potential criminal and civil implications of this event.

In terms of landlord-tenant law, this action by the tenant may constitute a violation of the lease agreement, depending on its terms. This could potentially be grounds for eviction, but it's vital to follow the legal process for eviction carefully to avoid any violations of tenant rights.

Remember, each case is unique, and the best course of action depends on the specific details of the situation. Therefore, consulting with an attorney who can provide personalized advice based on all the relevant facts is the most effective way to proceed.

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