Assault Charges Attorney in Birmingham, Alabama

In Alabama, assault is a serious offense that carries with it some very harsh penalties. As a violent crime, a conviction can mean thousands of dollars in fines and jail or prison time in addition to court costs, probation, and community service. There are also several indirect consequences of having a criminal conviction that could haunt you for many years to come. If you have been accused of assault and battery, you need strong legal counsel in your corner fighting hard to protect your legal rights.

At The McCormick Firm, we understand how much a criminal conviction can adversely impact your life, and we work closely with our clients to minimize the negative consequences as much as possible. Our Birmingham assault lawyers have extensive knowledge of the criminal statutes in Alabama, and just as importantly, how these laws are practically applied within the local courts. When you retain us, we go to work immediately to thoroughly investigate the specifics of your case, uncover any and all mitigating factors, and put together the strongest possible defense.

Understanding Assault and Battery Charges in Birmingham, AL

In Alabama, there are three different categories of assault, classified by the seriousness of the offense:

Third Degree Assault

Also known as “misdemeanor assault”, assault in the third degree is a misdemeanor crime that occurs when an individual causes or intends to cause physical injury to a person, recklessly causes physical injury to a person, causes injury to a person with a deadly weapon through criminal negligence, or causes injury to a person while trying to prevent a peace officer from performing a lawful duty.

The penalties for third degree assault are as follows:

• Fines of up to $6000;
• Up to one year of imprisonment in the county jail;
• Probation and community service.

Second Degree Assault

Assault in the second degree is a felony offense that carries with it the possibility of serving time in state prison. Second degree assault occurs when an individual intends to and causes serious physical injury to another person, with or without a deadly weapon or dangerous instrument or when an individual recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument. Second degree assault can also happen if an individual causes injury while intending to prevent a peace officer or care worker from performing their lawful duty.

Second degree assault is categorized as a Class C felony, and a conviction can carry the following penalties:

• Fines of up to $15,000;
• A minimum of one year and one day up to a maximum of 10 years in state prison;
• Probation and community service;
• If there are any prior felony convictions, penalties may be enhanced and the defendant may be sentenced as if he/she committed first degree assault.

First Degree Assault

Assault in the first degree is the most serious of the three offenses, and it is charged as a Class B felony. First degree assault occurs when an individual causes or intends to cause serious physical injury with a deadly weapon or dangerous instrument, or when an individual intends to cause disfigurement or permanent disability.

An individual can also be charged with first degree assault if they cause serious injury to someone while they are committing a felony that is clearly dangerous to human life or during flight immediately after committing said felony. In addition, you could end up with a first degree assault charge if you cause serious injury to someone while committing any of the following felonies:

• First degree arson or attempted arson;
• First or second degree burglary;
• First degree escape;
• First degree kidnapping;
• First degree rape;
• Robbery in any degree.

Penalties for first degree assault in Alabama may include:

• Fines of up to $30,000;
• A minimum of two years up to 20 years in state prison;
• Probation and community service;
• Enhanced penalties for prior felony convictions, which may include a minimum of 10 years up to a maximum of life in prison.

Aggravated Assault

Penalties for an assault conviction may be enhanced if there are aggravated circumstances that make the charge more serious. For example, if the defendant causes serious injury while using or attempting to use a firearm or deadly weapon during the commission of a robbery, the minimum jail sentence is 20 years and the maximum fine is increased to $60,000.

Hate Crimes

If the assault that was committed was motivated by the victim’s actual or perceived race, ethnicity, color, religion, national origin, or physical or mental disability, then it is considered a hate crime. In Alabama, hate crime assaults carry a minimum jail or prison sentence depending on the seriousness of the offense:

• Third Degree Assault: Minimum of three months in county jail.

• Second Degree Assault: Minimum of two years in state prison.

• First Degree Assault: Minimum of 10 years in state prison.

Aggressive Defense against Assault Charges in Birmingham

Being charged with assault does not necessarily mean you will be convicted, and there are several potential defense strategies that can be enacted in order to mitigate the situation as much as possible. The right strategy will of course depend on the specific circumstances of your case.

Some possible defenses to an assault charge may include:

• Law enforcement failed to follow the proper procedures that led to your arrest;
• The state lacks sufficient proof to convict you of the charge;
• You were acting out of self-defense or while defending someone else;
• The act was accidental and there was no intent to harm or scare the victim.

After fully analyzing the state’s case against you, we will put together the appropriate defense with the goal of having the charges dropped and the case dismissed. That said, this is not possible in every case. Sometimes, the best outcome is to negotiate a plea deal in which you plead guilty to a less severe charge. If we are unable to negotiate a reasonable deal with the other side, we will be ready and able to aggressively defend your legal rights at trial if necessary.

 

Contact Our Birmingham, AL Assault Defense Lawyers Today

If you are facing assault charges, The McCormick Firm is ready to go to work for you. For a discreet and confidential consultation with one of our attorneys, message us online or call our office today at 205-968-1302. We also serve assault cases in Hoover.