Assault Criminal Defense Lawyer – Alabama
Assault and Battery in many states are separate but related offenses. Assault is usually the threat of attack and battery is the completion of the act. In Alabama, things are a bit different. Both charges are lumped together under the term assault.
There is both misdemeanor and felony assault in the state. Misdemeanor assault is 3rd-degree assault while felony charges are the 2nd and 1st-degree counterparts.
All degrees of assault in Alabama contain reference to two defining factors; Intent and Recklessness. A person commits assault if through intent they recklessly cause physical harm to another person. Each degree of assault adds an extra dimension to the crime and more severity to the possible punishment.
Even misdemeanor assault can cause long-term damage to your reputation, livelihood, and opportunities. Dealing with an assault charge, whether it’s a misdemeanor or felony is best accomplished by hiring a criminal defense attorney.
Assault in the first degree is one of the most serious crimes someone could be charged with in Alabama. Assault in the first degree is a Class B Felony. If a dangerous weapon is involved it means a mandatory minimum sentence of 10 years. In general, the sentencing ranges from 2 to 20 years of imprisonment.
This charge carries such heavy penalties because of the scope of the injuries covered by its definition. This charge defines first-degree assault as a person attacking another person and causing them to be inches away from death. It also includes if the injuries the victim sustained included loss of limbs, loss of bodily function, or permanent disability.
A person can be charged if they caused serious physical injury to another person while driving under the influence. They could also be charged if they were in the furtherance of another first-degree felony like burglary or kidnapping.
Unlike its first-degree counterpart, second-degree assault comes from a reckless use of a dangerous weapon. In first-degree assault there can also be conduct that shows extreme indifference to human life while in second-degree assault that is not the case. Second-degree assault is still a felony with possible consequences of up to 10 years of incarceration.
This is the only misdemeanor in this category. This kind of misdemeanor in Alabama is punishable by up to a year of jail time, along with fines. A person commits the crime of assault in the third degree if:
- With intent to cause physical injury to another person, he causes physical injury to any person; or
- He recklessly causes physical injury to another person; or
- With criminal negligence he causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or
- With intent to prevent a peace officer from performing a lawful duty, he causes physical injury to any person.
North East Alabama Criminal Defense Lawyer
Warren Freeman has 20 years of criminal defense experience under his belt. He’s tried the toughest cases and there’s little he hasn’t seen. Our firm is passionate about defending our client’s rights and maximizing their chance of success.
If you’re located in Cleburne County, Clay County, Talladega County, Calhoun County, or anywhere in North East Alabama give us a call at (256) 253-3169 or click here to schedule a consultation.
Assault Charges are very serious offenses. Apart from jail time and heavy fines, a criminal record can limit you in many aspects of life. If you are facing charges, we highly recommend you contact us. Our offices have over a decade of experience and results. We fight for our clients constitutionally guaranteed rights and will defend you throughout the legal process. Contact us today by clicking here or calling at (256) 253-3169.
We practice throughout northeast Alabama including Clay County, Calhoun County, Cleburne County, Talladega County, and Randolph County.