Birmingham Assault & battery Defense Lawyer

What is Considered Assault in Alabama?

In Alabama, assault is defined as intentionally causing physical harm to another person or creating a reasonable apprehension of such harm. The severity of the assault charge varies based on the circumstances surrounding the incident and the extent of injury inflicted. Understanding these categorizations is vital as they dictate the potential legal repercussions and penalties one may face.

Types of Assault in Alabama:

1. First-Degree Assault:

• Acts recklessly, placing another person at significant risk of death, leading to serious injury.
• Inflicts serious injuries while committing another felony that endangers others, such as arson, burglary, robbery, kidnapping, or rape.
• Intends to inflict serious harm using a deadly weapon.
• Intentionally causes injuries resulting in permanent disfigurement or disability.
• Causes serious injuries while operating a vehicle under the influence of alcohol or drugs.

1. Second-Degree Assault:

• Administering drugs to intoxicate someone without their consent
• Causing harm to someone through reckless behavior
• Deliberately inflicting severe harm on another individual
• Inflicting serious injury through the careless use of a dangerous or deadly weapon
• Intentionally causing injury with a dangerous or deadly weapon
• Intending to harm peace officers, emergency personnel, correctional officers, educators, healthcare professionals, and similar roles

1. Third-Degree Assault:

• Causing injury due to criminal negligence involving a dangerous or deadly weapon (including speeding in a car)
• Inflicting harm through reckless behavior
• Deliberately inflicting harm on another person, regardless of the severity
• Causing injury while attempting to prevent an arrest

Understanding these degrees of assault is critical for anyone who may find themselves facing legal challenges related to such charges. Consulting with an experienced attorney can ensure you are properly defended against these allegations.

Penalties for Assault in Alabama:

When it comes to assault charges in Alabama, the legal consequences can be serious and far-reaching. The penalties for assault can vary significantly depending on the degree of the charge and the specific circumstances surrounding the incident. Understanding these potential penalties is crucial for anyone facing assault charges, as they not only affect legal outcomes but can also impact personal and professional aspects of life. Below is an overview of the potential penalties associated with different degrees of assault in Alabama.

There are numerous punishments you could be facing:

• Assault in the first degree – A Class B felony with sentencing between two to 20 years in prison and a fine up to $30,000. If a firearm is involved, there is a mandatory sentence of 10 years in prison.
• Assault in the second degree – A Class C felony with sentencing between one year to 10 years in prison and a fine up to 15,000. If a firearm is involved, there is a mandatory sentence of 10 years in prison.
• Assault in the third degree – A Class A misdemeanor with sentencing up to 1 year in jail and a fine up to $6,000.

Probation and community service are often added to convictions of assault. Due to the harsh punishment you could face if convicted of assault, it is important to seek legal counsel from a Birmingham criminal defense lawyer as soon as you are able. Our team at the Revill Law Firm is ready to help you fight for your rights, no matter the severity of the charges you face.