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CRIMINAL ASSAULT – ALABAMA CRIMINAL LAW


criminal assaultCriminal Assault Under The Alabama Criminal Code

Under the Alabama Criminal Code, a person can commit a criminal assault in a number of different ways.  Additionally, there are several degree of criminal assault in Alabama.

First Degree Criminal Assault

First degree criminal assault is a Class B felony in Alabama.  A person commits first degree criminal assault under the following circumstances:

  • A person commits a first degree criminal assault if they cause serious physical injury to a person using a deadly weapon or a dangerous instrument and they had the intent to cause serious physical injury to another person.
  • A person commits a criminal assault, first degree if, with an intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of the person’s body, they cause such an injury to any person.
  • A person commits a criminal assault first degree if, under circumstances manifesting extreme indifference to the value of human life, they recklessly engage in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to any person.
  • A person commits a criminal assault first degree if in the course of and in furtherance of the commission or attempted commission of arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree or any other felony clearly dangerous to human life, or of immediate flight therefrom, they cause a serious physical injury to another person.
  • A person commits a criminal assault first degree if while driving under the influence of alcohol or a controlled substance or any combination thereof in violation of Section 32-5A-191 they cause serious bodily injury to the person of another with a motor vehicle.

Second Degree Criminal Assault

Second degree criminal assault is a Class C felony in Alabama.  A person commits first degree criminal assault under the following circumstances:

  • A person commits criminal assault second degree if with intent to cause serious physical injury to another person, he or she causes serious physical injury to any person.
  • A person commits criminal assault second degree if with intent to cause physical injury to another person, he or she causes physical injury to any person by means of a deadly weapon or a dangerous instrument.
  • A person commits criminal assault second degree if he or she recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument.
  • A person commits criminal assault second degree if with intent to prevent a peace officer, as defined in Section 36-21-60, a detention or correctional officer at any municipal or county jail or state penitentiary, emergency medical personnel, a utility worker, or a firefighter from performing a lawful duty, he or she intends to cause physical injury and he or she causes physical injury to any person.
  • A person commits criminal assault second degree if with intent to cause physical injury to a teacher or to an employee of a public educational institution during or as a result of the performance of his or her duty, he or she causes physical injury to any person.
  • A person commits criminal assault second degree if with intent to cause physical injury to a health care worker, including a nurse, physician, technician, or any other person employed by or practicing at a hospital as defined in Section 22-21-20; a county or district health department; a long-term care facility; or a physician’s office, clinic, or outpatient treatment facility during the course of or as a result of the performance of the duties of the health care worker or other person employed by or practicing at the hospital; the county or district health department; any health care facility owned or operated by the State of Alabama; the long-term care facility; or the physician’s office, clinic, or outpatient treatment facility; he or she causes physical injury to any person. This subdivision shall not apply to assaults by patients who are impaired by medication or to assaults on home health care workers while they are in private residences.
  • A person commits criminal assault second degree if for a purpose other than lawful medical or therapeutic treatment, he or she intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him or her, without his or her consent, a drug, substance or preparation capable of producing the intended harm.

 Third Degree Criminal Assault

Third degree criminal assault in Alabama is a Class A Misdemeanor.  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.

Defenses to Assault Charges

A number of defenses apply to criminal assault charges in Alabama, including self-defense, defense of others, or duress.

You need the assistance of an experienced Alabama criminal lawyer if you are charged with criminal assault in Alabama.

The attorneys at Bradford Ladner, LLP have assisted numerous clients who have faced criminal assault charges in Alabama courts.

Call us today for assistance

205-802-8823

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