Assault Charges Attorney in Auburn, Alabama
When a person intentionally or recklessly causes physical injury to another, it is known as assault. Depending on the circumstances of the crime, the perpetrator could face misdemeanor or felony charges. A person convicted of felony assault charges, especially those involving a deadly weapon, faces severe consequences if convicted.
Assault penalties range from probation and community service to potential incarceration for 20 years and fines up to $30,000, depending on the degree and level of the alleged assault.
A seasoned Auburn, AL assault attorney will work hard to defend a client facing assault charges by creating robust defenses to the charge, such as defense of others, self-defense, protection of property, or any other statutorily approved context, such as from a medical professional or a parent. There are various ways to defend assault charges in AL.
First Degree Assault in Auburn, AL
First-degree assault in Auburn is considered a Class B felony, and there are severe consequences for those found guilty. This type of assault includes the following:
- Causing severe injury to another party using a deadly weapon
- Physically assaulting another party with the intention to seriously and/or permanently disfigure them, cause disability, or amputate an organ or limb
- Serious physical injury caused due to “extreme indifference” toward another human life, including negligent driving and other similar offenses
- Causing serious injury while attempting to commit or committing another serious crime, such as burglary, arson, rape, or kidnapping
- Severe injury caused to another driver due to being behind the wheel under the influence of alcohol or other controlled drugs
Second Degree Assault in Auburn, AL
Second-degree assault in Auburn is categorized as a Class C felony, and is still a serious offense. This charge is usually levied on people when they intentionally cause severe harm to another person. Assault in the second degree may involve using a deadly weapon if the prosecution does not believe that you were trying to kill or permanently injure the other party.
An offender will automatically face second-degree assault charges if they attack a law enforcement officer who is trying to perform their duty or a teacher or education provider while they try to undertake their job. The second-degree assault also includes intentionally drugging or poisoning another person without their consent.
Third-Degree Assault in Auburn, AL
Assault in the third degree is deemed a Class A misdemeanor in Alabama. However, this does not mean that this charge isn’t serious. In fact, it is associated with substantial fines and other penalties. Individuals are usually charged with third-degree assault when they cause injury to another party either due to negligence or intentionally. Also, attempting to prevent a peace officer from discharging their legal duty is considered assault in the third-degree.
Alternative sentencing or a pretrial diversion program may sometimes be available to those facing an assault charge. These vary between courts and individual cases.
But the typical pretrial diversion program outline is a conditional plea to the charge, such as the continuation of the case for a reasonable duration, usually six to 12 months, and some form of remedial educational program, such as an anger management program. If the offender successfully completes the diversion program, their charges will be dismissed at the end of that period.
Assault Charges in Auburn: Potential Defense Options
Any criminal case requires the prosecutor to prove their case “beyond a reasonable doubt.” This implies that there can be no other probable scenario other than the one they present, and the prosecution is required to prove every aspect to this standard.
For instance, if you are charged with assault in the second degree as the prosecution alleges that you caused injury using a deadly weapon, the prosecutor must prove, beyond a reasonable doubt, that you injured the other party and used a deadly weapon to carry out the assault, and that the weapon is deemed deadly under the law.
An experienced and skilled Auburn, AL assault lawyer will look to identify any failure on the part of the prosecution to prove any element of the case beyond a reasonable doubt. A lawyer may be able to negotiate with the prosecution to reduce the charges. Reduced charges could mean the difference between a felony and a misdemeanor on your record.
In addition, prosecutors can charge individuals with a crime, irrespective of whether they acted in self-defense. The law allows you to use physical force against another individual if you reasonably believe it was necessary to protect yourself. On top of this, you may use force to protect your property. Based on these circumstances, a qualified criminal defense attorney can contend that your actions were taken in self-defense.
An assault attorney can initiate a comprehensive investigation of the evidence and facts and start gathering witness testimony and assessing the municipality or state prosecution’s pros and cons.
In order to refute the prosecution’s case, a defense lawyer can gather expert reports and medical opinions, collect medical evidence on the level of the injury, accident reconstruction, and causation evidence in an automobile crash, and acquire eyewitness statements and accounts from the crime scene.
Consult a Leading Auburn Criminal Defense Lawyer Today
If you have been arrested for assault in Auburn, AL, our experienced criminal defense attorneys at Alsobrook Law Group can help you, regardless of your circumstances. Our attorneys will fight hard to protect your rights.
We will understand your side of the story and seek out the truth, and will work tirelessly to get your charges reduced or even dismissed. If you choose to plead “not guilty,” we will defend your interests in court. If you made a mistake, we will work for maximum measure mercy and prevent you from getting a criminal conviction on your record.
Assault charges carry serious penalties and lifelong consequences. Speak to a committed and accomplished lawyer at the Alsobrook Law Group if you are facing assault charges. To schedule a detailed consultation with one of our attorneys, call now at (334) 737-3718.