Aggravated Assault Defense Attorney in Birmingham

Aggravated Assault Charges Can Change Your Life—But You Don’t Have to Face Them Alone

In Alabama, "aggravated assault" is not a standalone charge but rather a common term used to refer to Assault in the First Degree or Assault in the Second Degree. The legal nuances and repercussions of these charges can be complex and intimidating.

Beyond the legal implications, being charged with aggravated assault can have significant personal and professional impacts. The stigma associated with such charges can be burdensome, which is why a robust defense is not just about legal strategy but also about reclaiming your life and reputation. 

Working with a knowledgeable aggravated assault defense lawyer in Birmingham is crucial for anyone facing these charges. Our attorneys strive to not only protect your legal rights but also to support you through each phase of the legal process, offering guidance and empathy during this challenging time.

Speak with a trusted aggravated assault lawyer in Birmingham today. Call (205) 928-6544 or contact us online to schedule your free consultation. Available 24/7.

Understanding Aggravated Assault Charges in Alabama

Assault in the First Degree and Assault in the Second Degree charges are defined primarily under Alabama Code §§ 13A-6-20 and 13A-6-21. The severity of the charge depends critically on factors such as the intent of the accused, the nature of the injury inflicted, and whether a deadly weapon or dangerous instrument was used. 

As your aggravated assault lawyer in Birmingham, we will ensure you have a clear and comprehensive understanding of the precise charges leveled against you and their potential ramifications under Alabama law.

Assault in the First Degree (Alabama Code § 13A-6-20) - Class B Felony

This is the most severe form of assault in Alabama, carrying significant prison time. A person commits Assault in the First Degree if they:

1. Intentional Serious Physical Injury with Weapon: With the intent to cause serious physical injury to another person, they cause serious physical injury to any person by means of a deadly weapon or a dangerous instrument; OR
2. Intentional Permanent Disfigurement/Disability: With the intent to disfigure another person seriously and permanently, or to destroy, amputate, or permanently disable a body member or organ, they cause such an injury to any person; OR
3. Reckless Grave Risk of Death: Under circumstances manifesting extreme indifference to the value of human life, they recklessly engage in conduct that creates a grave risk of death to another person, and thereby cause serious physical injury to any person; OR
4. Assault During Felony Commission: In the course of and in furtherance of the commission or attempted commission of certain specific felonies (e.g., first-degree arson, first or second-degree burglary, first-degree escape, first-degree kidnapping, first-degree rape, robbery in any degree, first-degree sodomy, or any other felony clearly dangerous to human life), they cause serious physical injury to any person; OR
5. DUI Causing Serious Physical Injury: While driving under the influence of alcohol or a controlled substance (in violation of Alabama's DUI law), they cause serious physical injury to another person with a vehicle or vessel.

Assault in the Second Degree (Alabama Code § 13A-6-21) - Class C Felony

This is also a felony offense, carrying substantial penalties, though generally less severe than First-Degree Assault. A person commits Assault in the Second Degree if they:

1. Intentional Serious Physical Injury (without weapon or specific intent): With the intent to cause serious physical injury to another person, they cause serious physical injury to any person (without the specific aggravating factors of a deadly weapon or intent to disfigure, unless those are present); OR
2. Intentional Physical Injury with Weapon: With the intent to cause physical injury to another person, they cause physical injury to any person by means of a deadly weapon or a dangerous instrument; OR
3. Reckless Serious Physical Injury with Weapon: They recklessly cause serious physical injury to another person by means of a deadly weapon or a dangerous instrument; OR
4. Assault on Protected Professionals: With intent to prevent a peace officer, correctional officer, emergency medical personnel, utility worker, or firefighter from performing a lawful duty, they intend to cause physical injury and cause physical injury to any person; OR similarly against a teacher, public school employee, health care worker, DHR employee, social worker, or letter carrier.
5. Administering Drugs Without Consent: For a purpose other than lawful medical or therapeutic treatment, they intentionally cause stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to them, without their consent, a drug, substance, or preparation capable of producing the intended effect.

Penalties for Aggravated Assault Convictions in Alabama

Alabama imposes incredibly severe penalties for aggravated assault convictions, with state prison sentences and substantial fines. These are serious violent felonies.

• Assault in the First Degree (Class B Felony):
  • Prison: 2 to 20 years in state prison.
  • Fines: Up to $30,000.
  • Mandatory Minimums: Certain circumstances (e.g., use of a firearm) may carry mandatory minimum sentences.
• Assault in the Second Degree (Class C Felony):
  • Prison: 1 year and 1 day to 10 years in state prison.
  • Fines: Up to $15,000.

Aggravating Factors and Enhancements

• Serious Physical Injury/Use of a Deadly Weapon: These are inherent elements of First and Second Degree Assault and dictate the severity level.
• Protected Victims: Assaults against specific individuals such as law enforcement officers, emergency medical personnel, utility workers, firefighters, teachers, healthcare workers, or Department of Human Resources employees often carry enhanced penalties or specific statutory definitions (as seen in Assault 2nd Degree).
• Prior Convictions (Habitual Felony Offender Act): If you have prior felony convictions, your current aggravated assault sentence can be dramatically increased, potentially leading to a much longer or even life sentence, even for a less severe felony.
• Domestic Violence Enhancements: If the aggravated assault occurs in a domestic context (against a household member), it can be charged as Domestic Violence in the First or Second Degree, carrying additional mandatory minimum sentences.

The specific nuances of each charge and the possibility of severe enhancements highlight why a diligent Birmingham aggravated assault attorney is absolutely necessary.