Assault Defense Lawyer in Alabama
Under Alabama law, assault is defined as a physical attack on someone usually involving violence, bodily harm, and possibly a weapon, all with the intention of causing harm.
Assault is also known as battery, aggravated assault, simple assault, sexual assault or verbal assault. If you have been charged with assault in any degree, you will need to have representation to defend your legal rights. Going it alone is never advised.
These are serious crimes and can be classified in separate degrees such as a felony in the first degree or the second degree. There is also a misdemeanor assault and each charge brings a different sentence.
First Degree Assault
In Alabama, an assault is a criminal act and most are considered Class B felonies under the Alabama Criminal Code, unless it is assault in the third degree.
Consider these elements in defining a First-Degree Assault:
*The perpetrator caused injury to another using a deadly weapon;
*The perpetrator attacked someone intended to cause permanent disability, disfigurement or amputation;
*The accused showed reckless indifference toward another causing serious physical injury, such as reckless driving;
*Serious injury was caused during another serious crime like rape, kidnapping, burglary;
* A person was harmed when the perpetrator was under the influence of alcohol or drugs and got behind the wheel.
First-Degree Assault Penalties
The penalties for a first-degree assault may include prison time for at least two years up to 20 years. If there was a firearm involved, the minimum mandatory sentence in Alabama is ten years in prison.
You can be fined up to $30,000 and likely be put on probation and required to do community service.
Consider these elements as defining Assault in the Second Degree:
*The person causes serious physical injury to another;
*He uses a weapon or dangerous instrument intending to cause physical harm to another;
*He prevents a police officer from doing his job in the line of duty and in doing so, causes injury to another;
*He may cause harm or impairment to another person by administering a drug or substance to cause unconsciousness, physical or mental impairment;
*The perpetrator may have attacked a teacher.
Second-Degree Assault Penalties
Penalties may include imprisonment for at least one year up to 10 years. If a weapon or firearm was used, the minimum mandatory imprisonment is ten years. Fines range up to $15,000. Probation and community service are required.
Third-Degree Assault Penalties in Alabama
In Alabama, a misdemeanor assault is assault in the third degree. It is still considered a serious offense.
Third-Degree Assault as a Class A misdemeanor may include:
*Causing physical injury to another intentionally or due to
*Pushing and shoving, punching, kicking, recklessly causing physical harm to another;
*Speeding and/or using a deadly weapon or instrument to injure another;
*An assault in the third degree might also involve interfering with a law enforcement officer and by preventing him, you are causing harm to another.
Penalties could include a fine up to $6,000 or jail time up to one year. A person may be put on probation or sentenced to perform community service.
Sexual assault is a sexual advance against the will of the victim and can include molestation, sodomy and rape. First-degree sexual abuse in Alabama is a Class C felony while rape in the first degree is a Class A felony and both prison and a fine can be imposed.
Prison time should not be less than 10 years unless a deadly weapon is involved, the minimum sentence increases to 20 years.
If a rape involves a child, the prison time increases to no less than ten years up to life. If the child is six years of age or younger, the perpetrator could be sentenced to life in prison without the possibility of parole.
If the perpetrator is 16 years old and the victim is between the ages of 12 to 16, that is defined as rape in the second degree and includes prison time of not less than two years and a fine not exceeding $30,000. Again, if a firearm is involved the minimum sentence jumps to 10 years.
Sexual abuse in Alabama can also be considered a Class A misdemeanor when the attack does not involve force, but does involve a victim who is incapable of consenting to sexual contact due to her age or mental incapacity.
Domestic violence laws in Alabama prohibit acts of physical violence on another, whether married or not.
A parent and child relationship can also lead to domestic violence charges in the first, second or third degrees. Stalking can also be added to a charge of domestic violence.
Domestic assault include physical harm, stalking, intimidation, reckless endangerment, harassment, strangulation, or suffocation.
A first-degree conviction of domestic violence can bring a prison sentence of not less than one year in prison.
Even violating a protective order is taken seriously and can involve additional jail time and a fine up to $2,000.
Verbal assault is an oral assault that may threaten and leave emotional injuries to the victim. This could include a hate crime defined as a criminal offense aimed at a person because of their race, religion, gender, sexual orientation, ethnicity, or disability.
A person convicted of a hate crime can be sentenced up to three months in jail in Alabama.
Consequences of Criminal Assault
Accusations of assault of any kind are a serious matter, especially when there was a deadly weapon involved. The charge alone can ruin your life, your reputation, your ability to earn a living.
Jason Darley, Esq. will fight aggressively on your behalf to defend you against criminal charges. He has focused his legal practice on a wide variety of legal matters including clients facing all types of assault charges. Mr. Darley will provide you with the skilled legal guidance you need at this very difficult time. Please do not hesitate to contact our Mobile, Alabama office at (251) 732-7058.