Facing assault charges can be an overwhelming experience, especially when the charge escalates to aggravated assault. In Opelika and throughout Alabama, the law distinguishes between different degrees of assault, and understanding the distinction is vital for anyone navigating the criminal justice system. This blog explores what qualifies as aggravated assault under Opelika law, the legal implications, and why consulting an Assault Charges Attorney in Opelika can be a critical step toward protecting your rights.
Understanding Assault Under Alabama Law
In Alabama, assault is classified into three degrees—first, second, and third—with first-degree assault being the most serious. These degrees are based on the severity of the injury caused, the intent of the accused, and whether a weapon was used during the incident.
- Third-Degree Assault is generally a misdemeanor and involves causing physical injury recklessly or with criminal negligence.
- Second-Degree Assault is a felony and includes intentional harm that results in serious injury or involves a dangerous instrument.
- First-Degree Assault, also known as aggravated assault, is the most severe form and typically involves intent to cause serious bodily injury, use of a deadly weapon, or assault under particularly egregious circumstances.
What Qualifies as Aggravated Assault in Opelika?
Aggravated assault in Opelika falls under First-Degree Assault as defined in Alabama Code § 13A-6-20. According to this statute, a person commits first-degree assault if they:
- Cause serious physical injury to another person using a deadly weapon or dangerous instrument.
- Intend to cause serious injury and do so under circumstances demonstrating extreme indifference to the value of human life.
- Cause injury during the commission or attempt of another felony (e.g., robbery, burglary).
- Intentionally cause disfigurement, destruction of an organ, or protracted loss of bodily function.
- Assault a law enforcement officer, teacher, or first responder performing their lawful duties.
In legal terms, “serious physical injury” means an injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in long-term loss or impairment of the function of any bodily member or organ.
Examples of Aggravated Assault
To better understand how aggravated assault can be charged in Opelika, consider the following hypothetical situations:
- A person strikes someone in the head with a crowbar during a heated argument, causing a fractured skull.
- An individual intentionally hits a pedestrian with their car during a road rage incident.
- During a home burglary, the intruder stabs a resident who tries to intervene.
- A person uses a firearm during an altercation and shoots someone, causing life-threatening injuries.
Each of these scenarios could lead to a charge of first-degree assault based on the presence of intent, severity of injury, and use of a dangerous weapon.
Legal Consequences of Aggravated Assault
First-degree assault is a Class B felony in Alabama. If convicted, an individual may face:
- 2 to 20 years in state prison
- Fines up to $30,000
- Potential restitution to the victim
- A permanent felony record, affecting employment, housing, and firearm rights
In some cases, sentencing enhancements may apply, particularly if the accused has prior felony convictions or if the assault was committed against a protected class of individuals such as law enforcement officers or teachers.
Defenses to Aggravated Assault Charges
A criminal charge is not the same as a conviction. There are several defenses that may be available, depending on the circumstances of the case:
- Self-defense: If the accused reasonably believed they were in imminent danger and used proportionate force.
- Lack of intent: The absence of intent to cause serious injury may reduce the charge to a lesser degree of assault.
- Accident: If the injury was the result of an accident without reckless or criminally negligent behavior.
- False accusation: In some cases, the alleged victim may exaggerate or fabricate the events leading to the charge.
- Insufficient evidence: The prosecution must prove each element of the crime beyond a reasonable doubt.
An experienced Assault Charges Attorney in Opelika can assess the case details and determine which defense strategy may be most effective.
Why Legal Representation Matters
Aggravated assault cases are serious and often complex. Law enforcement and prosecutors aggressively pursue these cases, and a conviction can carry life-changing consequences. An attorney can help by:
- Investigating the facts and gathering evidence
- Challenging the prosecution’s version of events
- Negotiating with prosecutors for reduced charges or dismissal
- Representing the accused in court proceedings
Given the stakes, it’s essential to seek legal guidance as early as possible in the process.
What to Do If You’re Charged with Aggravated Assault
If you are facing assault charges in Opelika, your actions in the immediate aftermath are crucial. Consider the following steps:
- Do not speak to police without an attorney present
- Avoid discussing the case with anyone but your lawyer
- Preserve any evidence, such as photos or witness contact information
- Document your version of events while your memory is fresh
- Contact an attorney immediately
How Alsobrook Law Group Can Help
At Alsobrook Law Group, we understand the impact an aggravated assault charge can have on your life. Our team provides legal counsel rooted in thorough knowledge of Alabama’s criminal laws and a commitment to our clients’ rights. If you’ve been charged, the sooner you get in touch with a legal professional, the better your chances of navigating the process with clarity and confidence.
We handle a wide range of criminal cases, including assault charges, and we work closely with clients to ensure their voices are heard and their legal options are fully explored.
Contact Us
If you or a loved one is facing aggravated assault charges in Opelika, don’t wait to get the help you need.
Call Alsobrook Law Group today at 334.737.3718 to schedule a confidential consultation and learn more about how we can assist with your defense.
