Assault

Assault Charges Attorney in Opelika

All criminal charges and convictions have consequences, ranging from probation to large fines, jail time to a permanent mark on your criminal record, and more. One of the more serious offenses with which a person in Alabama can be charged is assault. If you are facing assault charges in our state, working with a qualified attorney who knows how to build your defense and protect your best interests is critical. At the Alsobrook Law Group, we are here to help. Reach our experienced professionals today to learn more about how we can assist you.

Defining Assault Under Alabama Code

A person can be charged with third-degree assault, second-degree assault, or first-degree assault in the state of Alabama. According to Alabama criminal code, each crime is defined in the following manner:

First-degree assault. First-degree assault is the most serious of the assault charges. A person commits first-degree assault when, with intent, they cause serious physical injury to a person with the use of a deadly weapon or dangerous instrument; or, with intent, cause disfigurement, amputation, or permanent disability of a body part or organ; or recklessly engages in conduct which creates a risk of death for another person, and as a result of that conduct, the other person suffers serious injury. A person can also be charged with first-degree assault if they cause serious bodily injury to another while committing another crime, such as robbery, kidnapping, rape, or another felony charge. First-degree assault is a Class B felony charge.
Second-degree assault. While a second-degree assault charge carries less severe penalties than does a first-degree charge, the crime is still taken seriously in our state, and a person charged with second-degree assault should not think twice about retaining legal counsel. A person can be charged with second-degree assault when they cause, with intent, serious injury to another person, or, with intent and the use of a deadly weapon, cause injury(but not serious injury, which is a first-degree charge) to another person. A person can also be charged with second-degree assault if they recklessly cause serious injury to another by means of a deadly weapon, or if they cause physical injury to a peace officer, police officer, or certain other government employees with the intent to prevent the party from performing their duties. This type of assault charge is a Class C felony.
Third-degree assault. A person can be charged with third-degree assault when they cause physical injury to another person with intent, when they recklessly cause injury to another person, when they cause injury to any person in attempting to prevent a peace officer from performing their duties, or when they cause injury to any person by means of a deadly weapon with criminal negligence. A third-degree assault charge is a Class A misdemeanor in Alabama.

Penalties for Assault

If an individual is convicted of assault in Alabama, they will no doubt face a range of penalties. The specific penalties that will apply depend in large part on the degree of crime committed. For example, a Class A misdemeanor is penalized less harshly than is a Class B felony. Penalties for assault charges include:

Class A misdemeanor. A Class A misdemeanor is the highest degree of misdemeanor offense in the state. This charge is penalized by a fine of up to $6,000 and a jail sentence of up to one year.
Class C felony. For a Class C felony, the minimum sentence imposed is one year and one day in our state. In addition to a period of incarceration (which cannot exceed a time period of greater than 10 years), a person convicted of a Class C felony will also face a large fine of up to $15,000.
Class B felony. A Class B felony charge is even more serious than a Class C felony charge, and carries an incarceration period of no more than 20 years, but at least two years. The fine assessed could also be up to $30,000. This is in addition to any court and legal fees that are accumulated during the course of the case.

Defenses to Assault

If you have been charged with assault, working with an attorney is important – your attorney will investigate your case and determine whether or not defending yourself against charges and pleading not guilty is advisable. One of the most common defenses to assault is that of self-defense, as individuals have the right to defend themselves against bodily harm. Of course, another defense could simply be that you did not commit the offense at hand and were not the one to cause harm to the individual in question.

What Other Options Do I Have When Charged with Assault?

If pleading not guilty and presenting a solid defense is not a viable option, another option may be to negotiate a plea bargain with the prosecution. This means that you will plead guilty in exchange for reduced charges or sentencing. While this isn’t always ideal, it can help mitigate long incarceration periods.

Why You Need an Experienced Criminal Defense Lawyer

Being convicted of assault may mean prison time, a large fine, and lost opportunities in the future. The best thing that you can do for yourself if you are charged with any crime in Alabama, assault or otherwise, is to hire a skilled criminal defense lawyer. Your lawyer will know the law and the penalties you face, can guide you through your options, will build your defense and represent you in court, and will aggressively strive to protect your rights and your interests.

Contact the Alsobrook Law Group Today

Don’t hesitate to call our experienced criminal defense lawyers at the Alsobrook Law Firm if you are facing criminal assault charges. We have years of experience, and are passionate about providing our clients with the criminal defense they deserve. You can call our office today to schedule a free consultation at 334-737-3718, or you can send us a message directly or stop by our law office in person. We are here to serve you!

Zach Alsobrook

ATTORNEY AT LAW

Zachary D. Alsobrook is a partner in the Opelika law firm of Alsobrook Law Group, where he concentrates his practice in the areas of criminal defense and DUI; divorce, child custody…