By: Mark Polson, Veteran Criminal Defense Lawyer in Alabama for 45 Years
For any suspect charged, second degree assault charges in Alabama are prosecuted very aggressively by Alabama district attorneys. Regardless of where the assault offense is alleged to have happened, whether in a Tuscaloosa country club or a trailer park, the suspect charged with use of a deadly weapon in a shooting faces a major felony charge whenever someone is critically injured by a violent assault.
Although not the most serious degree of the charge (first degree assault is the most serious), second degree assault Alabama is a felony offense punishable by multiple years in jail and thousands of dollars in fines. Recent news articles speculate that Alabama’s new abortion law is so punitive that a convicted abortion doctor could serve more prison time than a rapist or sexual assault suspect.
To avoid such serious consequences, it is important that any individual involved contact an experienced Alabama assault attorney as soon as possible. A knowledgeable lawyer will be able to assist in reducing, lessening or dismissing any charges you may be facing. If you have been arrested by a Montgomery or Birmingham police officer for this crime in a domestic violence case, call our Alabama attorneys now.
What Is Alabama Second Degree Assault?
Second degree assault in the state of Alabama constitutes several different charges the state can use to convict you. This charge is classified as a Class C felony. Some of the various theories that constitute an Alabama second degree assault include when someone with intent to cause serious physical injury only causes serious physical injury to another person.
In addition, this charge can be brought when someone that intends to physically injure another person only causes a physical injury with a deadly weapon or dangerous instrument, or when someone recklessly causes serious physical injuries by means of a deadly weapon. One of the main areas of prosecution for second degree assault in AL is when an injury is perpetrated upon a police officer or law enforcement officer in the furtherance of their duties.
The Role of Intent in Assault Crimes
Intent in a second degree assault charge in Alabama is an element of six of the seven theories under the second-degree assault statute in Alabama. Therefore, in most prosecutions, the state must prove that the person had intent to commit the assault. Typically, a second degree assault case in Alabama is initially heard in the district court of the county. However, it could be sent to the circuit court of the county.
First vs Second Degree Assault Charges
The primary difference between first and second-degree assault in Alabama can be one of two things. First, the level of injury dictates the severity of the charge, and secondly, whether a deadly weapon was used.
Further, the long-term consequences of a second-degree and first-degree assault conviction in Alabama are essentially the same, with the only difference being the range of penalty. A person could be facing a longer imprisonment for a first-degree assault conviction. However, conviction for either is a felony and therefore has the same collateral consequences of habitual offender sentencing and the future inability to vote or possess firearms.
Elements of the Second-Degree Charge in Alabama
The main elements of a crime that the prosecution must prove in a second-degree assault charge in Alabama are either an intent or a reckless conduct on the part of the person charged with assault. A level of basic physical injury must also be involved in order to prove a crime. The prosecution uses eyewitness statements, medical records, expert medical testimony, and accident reconstruction to try to prove these elements.
Potential Second Degree Assault Defenses & Penalties
Second degree assault in Alabama is a Class C felony. This means that the range of punishment is imprisonment from between one year and a day up to 10 years.
Further, a monetary fine of up to $15,000 and a driver’s license suspension when a vehicle was used are additional penalties. In Alabama, the type of crime and length of sentence affects parole or probation options.
When criminal defense lawyers in Alabama refute or mitigate the prosecution’s evidence in a second-degree assault charge, he or she will attack the intent of the person charged with the crime. The lawyer will try to disprove the state’s theory that the person intended for the injury to occur.
In addition, the level of injury can be mitigated, whether the conduct was reckless or not. An experienced criminal defense lawyer like Mark Polson or Whitney Polson can also introduce self-defense or defense of others into the case to try to mitigate the exposure of criminal liability. Call our law firm today, 24 hours a day for your FREE lawyer consultation at (205) 871-8838.
FAQs
In Florida: Assault is a second-degree misdemeanor, punishable by up to 60 days in jail and fines of up to $500. Battery is a first-degree misdemeanor, punishable by up to 1 year in jail and fines of up to $1,000.
What is the lowest level of assault? ›
Misdemeanor assaults are the least serious among assault and battery crimes and usually don't involve serious injury. This crime might be referred to as simple assault in your state.
What level of misdemeanor is most serious? ›
Among misdemeanors, Class A or Level One crimes are the most serious, incurring fines and jail time of up to one year in most states. Misdemeanors are crimes that are less serious than felonies, both in their commission and their punishment.
What is the penalty for second degree assault in Missouri? ›
Assault in the second degree is a class D felony, punishable by up to seven years in prison and a $10,000 fine.
What is the sentence for second degree assault in Maryland? ›
Second degree assault is a Maryland crime that encompasses the common law offenses that used to be charged as “assault,” “battery,” and “assault and battery.” Although assault in the second degree is a misdemeanor, it carries hefty penalties of up to 10 years of incarceration and/or a fine of up to $2,500.
What is the most common punishment for assault? ›
Penalties for an Assault Charge
States divide assault into misdemeanors and felonies. A misdemeanor carries a potential jail term of less than one year. Felony offenses subject someone to imprisonment for a year or more. An assault involving no weapon and no serious injury is likely a misdemeanor.
What is worse than assault? ›
Aggravated assault is a felony that may involve an assault resulting in serious bodily harm or an assault committed with a weapon or with the intent to commit a serious crime, such as rape.
What is the most common misdemeanor? ›
Common misdemeanors include possession of controlled substances or drugs, petty theft, vandalism, perjury, prostitution, indecent exposure, trespassing, basic assault, resisting arrest, public intoxication, and DUI (Driving under the Influence).
What is the most typical punishment for first time misdemeanor? ›
Most first-time misdemeanors do not result in jail time. If a first-time misdemeanor offense results in a conviction, it could lead to consequences such as entry into a diversion program, fines, probation, jail time, and/or diminished job prospects.
What is the lowest misdemeanor you can get? ›
The least serious misdemeanors are classified as Class C or Level Three. These crimes can result in fines and jail time of up to a year, and may also offer the chance of probation. The federal criminal code and the criminal laws of every state divide crimes into two levels, felonies and misdemeanors.
A person commits the offense of assault in the second degree if he or she: (1) Attempts to kill or knowingly causes or attempts to cause serious physical injury to another person under the influence of sudden passion arising out of adequate cause; or.
Is second degree assault a felony in Missouri? ›
Recklessly causes serious physical injury to another person. Recklessly causes physical injury to another person by means of a firearm. Assault in the Second Degree is a D Felony unless the victim suffers serious physical injury or if the victim is a special victim, then its a B Felony.
How long after an assault can you press charges in Missouri? ›
Domestic violence, sexual assault, stalking, and murder are all considered domestic crimes. Missouri does not have a statute of limitations for any crime that involves domestic violence. This means that a charge can be filed at any time, even if the incident was many years ago.
Can you get probation for 2nd degree assault in Maryland? ›
If you are convicted, your Assault in the Second Degree charge is eventually expungable; however, not until fifteen years after the completion of your sentence. Many first offenders are offered a Probation before judgment or "PBJ" by the Court in their second degree assault case.
Is second degree assault a felony or misdemeanor in Maryland? ›
Maryland breaks assault into first degree assault and second degree assault. A second degree assault is generally a misdemeanor, and first degree assault is generally a felony. A first-degree assault separates itself in a couple of ways from a second degree assault.
Is smacking a phone out of someone's hand assault? ›
It could be physical contact, or it could merely be the threat of physical contact, so if someone was holding a phone in their hand, and another person slapped the phone out of their hand or snatched it away from them, it would be considered an assault because it was physical contact.
What is an example of simple assault? ›
An example of simple assault could be an individual threatening to punch someone in the face, even if they never carry out the threat. Physical contact doesn't have to occur with simple assault charges, and simple assault charges can also include actions like slapping or shoving someone.
Is verbal assault real? ›
It surprises many people to learn that what they say might result in criminal charges, even if there was no physical contact or injuries. Verbal abuse can lead to criminal charges under certain circ*mstances, and you should take these charges seriously.
What is the minimum sentence for assault 1 in Washington state? ›
(b) An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years.
