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Birmingham Assault & battery Defense Lawyer
Defending Against Assault & Battery Charges in Alabama
If you have been charged or arrested for assault and battery, you may feel like no one will listen to your side of the story. Your voice is important and deserves to be heard, which is why the criminal defense attorneys at Revill Law Firm dedicate their experience and skill to helping defend those who have been unfairly charged with a crime. Don’t let just any lawyer represent you in court—get an aggressive lawyer you know you can trust!
Why Hire Us?
Why You Should Choose the Revill Law Firm:
- We are a top-rated legal team with years of combined experience
- Our lawyers are available 24/7 to assist you with your case
- Our founding attorney has been listed as a Top Criminal Defense Attorney from Birmingham Magazine 2012, 2014 and 2015
- We offer free consultations to help provide potential clients with legal guidance
Assault & Battery in Alabama
In Alabama, assault is described as when a person acts with intent to injure another individual and succeeds in causing that individual physical harm. Depending on the severity of the act, you could be charged with varying degrees of assault.
There are numerous punishments you could be facing:
- Assault in the first degree – A class B felony with sentencing between 2 to 20 years in prison and a fine up to $30,000.
- Assault in the second degree – A class C felony with sentencing between 1 year and a day to 10 years in prison and a fine up to 15,000.
- Assault in the third degree – A class A misdemeanor with sentencing up to 1 year in jail and a fine up to $6,000.
Due to the harsh punishment you could face if convicted of assault, it is important to seek legal counsel from a Birmingham criminal defense lawyer as soon as you are able. Our team at the Revill Law Firm is ready to help you fight for your rights, no matter the severity of the charges you face.
How Is Assault Different from Battery?
Assault and battery often go hand in hand. In fact, many use the terms synonymously but they are actually two different charges.
Assault is carried out by a threat of bodily harm coupled with the ability to cause said harm against someone else. For example, if someone says they're going to hurt someone else and then demonstrates their ability to do so (i.e. brandishing a gun, waving their fists, etc.), it can result in an assault charge. It's important to note you don't actually have to carry through with the action to be charged with assault. Just displaying the ability can be enough.
In contrast, battery is the act of causing unwanted physical contact or bodily harm against another person. Most individuals confuse assault with battery. As a general rule, battery occurs when someone offensively touches another person. This doesn't always have to result in physical harm, touching someone inappropriately or spitting in their face can also constitute as battery.
What is Considered Assault in Alabama?
In Alabama, assault occurs when a person recklessly or intentionally causes physical injury to another person. The state classifies assault charges either as misdemeanors or felonies. Felony assaults are classified as either assault in the first degree or assault in the second degree, while misdemeanor assault charges are classified as assault in the third degree.
Each class of felony assault has separate, but sometimes overlapping sentencing alternatives.
What Are the Three Elements of Battery?
In order to charge someone with battery, there are three elements that must be proven.
You need the following three elements to establish a battery case:
- An act committed by the defendant
- An intent to cause offensive contact or harm to someone else
- Harmful or offensive contact to the plaintiff
All three elements must be present for a battery charge. If you were charged with battery, turn to our Birmingham criminal defense attorneys. We can guide you through this stressful time and make sure you understand your rights.
How Long Does A Misdemeanor Stay On Your Record?
A misdemeanor in the state of Alabama may be expunged after two years, upon meeting certain requirements. These requirements may include the following:
- An intensive court program
- Paid costs, fines, or restitution that the court orders
- Any other court-ordered debts
A court or agency is then notified regarding the results. The time that it takes for this process to be completed can range from two to four months. In some cases, in order to receive an expungement, you will need certified documents that typically have to be obtained within two to four weeks. Unless the expungement petition is successful, the misdemeanor will stay on a record throughout the person's life. Our experienced defense have are available to answer any questions that you may have about rules and regulations regarding misdemeanors in the state of Alabama. Contact us today for more information, or to receive a free initial consultation.
Suggested Reading:
- The Right to "Stand Your Ground" in Alabama
- What to Do If You Have Been Accused of a Property Crime
- How Can I Remove Charges From My Record?
- Can You Legally Resist Arrest in Alabama?
If you are a loved one has been charged with assault and battery, contact our firm at (205) 928-6544. Our lawyers can provide the compassionate defense you need!