Assault Attorneys in Hoover, Alabama

An assault occurs in Hoover, AL when an individual recklessly or intentionally causes physical harm to another. The state distinguishes between assaults and felony assaults, with the latter being considered a more serious offense. Alabama categorizes felony assault in two ways, namely, assault in the first degree or assault in the second degree. While each category of felony assault has separate sentencing protocols, there may sometimes be overlap.

First Degree Criminal Assault in Hoover, AL

An assault in the first degree, which is a Class B felony in AL, occurs in any of the following five ways:

• By intentionally causing severe physical injury to another individual with a dangerous instrument or a deadly weapon
• By causing injury to another individual, and having the intent to either severely disfigure another individual; or amputate, destroy, or permanently disable a member or organ of the individual’s body
• By negligently engaging in conduct that creates a serious risk of death to another, and the conduct leads to severe physical injury to another person under situations manifesting grave disregard to human life
• By causing severe physical injury to another person while engaging in a felony clearly hazardous to human life, or during flight right after engaging in the felony; or while committing any of the following felonies: burglary in the first or second degree, arson or attempted arson in the first degree, robbery in any degree, kidnapping in the first degree, rape in the first degree, sodomy in the first degree, or escape in the first degree, or
• By causing severe physical harm to another individual with an automobile, while operating the vehicle under the influence of alcohol, a controlled drug, or both.

Penalties associated with First Degree Assault in Hoover, AL

A person convicted of first-degree assault in Hoover, AL, can be subject to any of the below-mentioned penalties:

Imprisonment

If convicted of assault in the first degree, the defendant will face incarceration for not less than two years but not more than twenty years. But if the defendant used or tried to use a deadly weapon or firearm when committing the felony, they will be sentenced to a mandatory minimum of ten years behind bars.

Fines

The defendant can face a fine up to $30,000 if convicted of first-degree assault. In cases where the defendant received a pecuniary gain due to the crime, the court can impose a fine up to twice the amount of such pecuniary gain, irrespective of whether the amount exceeds $30,000.

Probation

When a person is on probation, they routinely meet with a probation officer and fulfill other conditions, such as attending counseling and maintaining employment.

Community service

In general, courts order the defendant to work for a specific number of hours with court-approved organizations, like charities. This condition is often included as a part of the defendant’s probation requirement.

Repeat offender

The court will impose increased penalties if the defendant has a prior felony conviction.

Second Degree Assault in Hoover, AL

An individual commits a second-degree assault, which is a Class C felony, in any of the below-mentioned seven ways:

• By intending to and causing severe physical harm to another individual
• By intending to and causing physical harm to another individual with a dangerous instrument or a deadly weapon
• By negligently causing severe physical injury to another individual with a dangerous instrument or a deadly weapon
• By intending to and causing physical harm to any individual, while intending to prevent a law enforcement officer, a utility worker, emergency medical personnel, a firefighter, or a correctional or detention officer at any state penitentiary or municipal or county jail from performing a legal duty
• By causing serious physical harm to any individual, while intending to cause physical injury to a public educational institution employee or a teacher during, or due to the performance of the employee’s or teacher’s duty
• By causing physical harm to any individual, while intending to cause physical injury to a medical care work during, or due to, the performance of the duties of the medical care worker, or
• By intentionally causing unconsciousness, stupor, or other mental or physical impairment or injury to another individual by administering the individual, without the victim’s consent, a drug, preparation, or substance capable of creating the intended damage.

Defenses for Assault and Battery

An experienced Hoover, AL, attorney can review the evidence in your case and discuss your legal options, whether or not you want to plead guilty, what sentence you will potentially receive if you plead guilty or proceed with a trial, and what defenses are applicable based on the evidence and your statements to your lawyer.

Some common defenses to allegations of assault are as follows:

Lack of intent

In order to be convicted of criminal assault, the defendant must have had the intent to harm the plaintiff or cause fear. If the injury occurred due to an accident or you were unable to comprehend what you were doing due to mental illness or defect, you may be found not guilty as you did not have the intent to commit the crime.

Lack of evidence

It is incumbent on the state to prove all facets of the crime. If the state is unable to prove even one aspect, the defendant must be found not guilty. The state may not have sufficient evidence to prosecute your case if the witnesses subpoenaed to attend the trial are unavailable or unresponsive to the subpoena issued by the prosecution.

Self-defense

If the assault or battery was committed in circumstances where the defendant was trying to protect themselves or another individual, their counsel might argue self-defense as the reason for the defendant’s actions. However, self-defense must only be used to the degree necessary.

If an individual attempts to exit from a fight, continuing assault after that will likely not be seen as an act of self-defense, irrespective of who struck the first blow.

Legal Help from a Seasoned Hoover, AL Criminal Defense Attorney 

Have you been accused of an assault in Hoover, AL? If so, consult an experienced criminal defense attorney at The McCormick Firm as soon as possible. In certain cases, our lawyers can prevent charges from being filed even before the client is arrested.

If this is not possible in your specific case, we will work to create the strongest possible defense strategy and work hard to get the charges dismissed, or at least, reduced. For a no-obligation initial consultation with a qualified criminal defense attorney, call us today at (205) 968-1302.