Assault A New Approach to Legal representation

Assault Lawyer in Birmingham

Assault can be a serious offense in Alabama because it typically involves the use of force or threat of force against others, making it violent in nature. It is broadly defined under the Alabama Code, Title 13A, Criminal Code, Chapter 6, Offenses Involving Danger to the Person. Assault involves intentionally causing physical injury to another person, either directly or through the use of a deadly weapon. The exact legal statutes categorize assault based on the offense's severity and circumstances.

If you or someone you love has been charged with any degree of assault in the greater Birmingham area, we urge you to retain legal representation as soon as possible. At Elizabeth Hunter, our criminal defense lawyer has defended countless individuals against assault charges, including the most serious, which are charged as Alabama felonies. We serve clients throughout Jefferson and Shelby Counties.

Request a free initial consultation with a Birmingham assault attorney at Elizabeth Hunter by phone at (205) 900-3815 or by email on our contact form

What Is the Legal Definition of Assault in Alabama? 

Alabama assault involves intention, recklessness, or criminal negligence. An example of an intentional assault is angrily punching someone in the face in a bar fight. 

Recklessness involves awareness that your actions are dangerous to others but acting despite this understanding. For example, during a heated argument with a neighbor, you become highly agitated and impulsively throw a large rock at them, causing significant injuries. 

Finally, an example of criminal negligence could involve the deteriorating fencing around a community swimming pool, allowing a child to gain access when the pool is closed. The child then nearly drowns due to the lack of supervision and safety measures. This criminal negligence could lead to significant legal penalties for the entity that owns and operates the pool. 

What Must Be Provided to Prove Assault?

To prosecute an Alabama assault charge, the state must prove several elements:

  • Intent: The perpetrator intended to cause harm or was aware that their actions could cause harm.
  • Action: The perpetrator took a specific action that led to physical injury.
  • Result: The action resulted in actual physical harm to the victim.
  • Use of deadly weapon (in some cases): The perpetrator used or threatened to use a weapon capable of causing serious injury or death.
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Enhancements for Assault Crimes in Alabama

Certain factors can "enhance" an assault charge in Alabama, leading to more severe penalties. "Enhanced" means that specific aggravating circumstances surrounding the assault elevate the severity of the charge. This typically results in harsher sentencing if convicted. 

Factors that can enhance an assault crime include:

  • Use of a deadly weapon: The involvement of a weapon such as a knife, firearm, or any object capable of causing serious injury or death can elevate an assault to a higher degree.
  • Serious physical injury: If the assault results in significant bodily harm that requires extensive medical treatment or causes long-term disability, the charges can be enhanced.
  • Assault on a protected class: Assaulting specific individuals such as law enforcement officers, teachers, healthcare workers, or vulnerable persons (e.g., children, elderly, disabled) can lead to enhanced charges.
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Ready to get started? Elizabeth Hunter Law is here to help. Call (205) 900-3815 or fill out the form below to schedule your free consultation.

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