{"id":371283,"date":"2024-10-21T13:29:49","date_gmt":"2024-10-21T18:29:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/alabama-law\/alabama-assault-charges.html"},"modified":"2024-10-23T16:12:40","modified_gmt":"2024-10-23T21:12:40","slug":"alabama-assault-charges","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/alabama-law\/alabama-assault-charges.html","title":{"rendered":"Alabama Assault Charges"},"content":{"rendered":"\n
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Alabama Assault Charges<\/h1>\n\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Assault charges in Alabama generally apply to situations where someone physically harms another person. But authorities can also bring assault charges for other acts, such as spitting on someone. The most serious assault charges can lead to a fine of up to $30,000 and a minimum of two years in jail. <\/p>\n\n <\/div>\n\n\n\n

Generally, if you cause physical harm to someone, they can press assault charges against you. Some states refer to assault as \u201cbattery\u201d or \u201cassault and battery.\u201d However, these laws generally prohibit you from intentionally or recklessly causing physical harm to someone.<\/p>\n

The state of Alabama has three different degrees of assault. Assault in the first degree is the most serious of the state\u2019s assault crimes. A conviction for first-degree assault can result in years of jail time and thousands of dollars in fines.<\/p>\n

This article provides an overview of Alabama\u2019s laws and criminal penalties regarding assault. Visit FindLaw\u2019s Assault and Battery Overview for more general information. For specific legal advice, contact a criminal defense attorney<\/a> near you.<\/p>\n

Alabama Assault Crimes Overview<\/b><\/h2>\n

The table below summarizes Alabama\u2019s assault laws and criminal penalties:<\/p>\n\n\n\n\n\n\n\n\n\n
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Code sections<\/p>\n<\/th>\n

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Alabama Code, Title 13A, Criminal Code, Chapter Six, Article Two<\/a><\/p>\n

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First-degree assault<\/p>\n<\/th>\n

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A person who commits any of the following is guilty of the crime of assault in the first degree:<\/p>\n

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  • They cause serious physical injury to a person using a deadly weapon or a dangerous instrument with the intent to cause serious physical injury to another person. (\u00a7 13A-6-20(a)(1))<\/li>\n
  • They intend to seriously and permanently disfigure another person and cause such disfigurement. (\u00a7 13A-6-20(a)(2))<\/li>\n
  • They intend to destroy, amputate, or disability a person\u2019s member or organ and cause said damage. (\u00a7 13A-6-20(a)(2))<\/li>\n
  • The person acts with extreme indifference to the value of human life, engages in conduct that creates a grave risk of death to another person and causes serious physical injury to another person. (\u00a7 13A-6-20(a)(3))<\/li>\n
  • They drive under the influence of alcohol or a controlled substance and cause serious physical injury to another motor vehicle driver. (\u00a7 13A-6-20(a)(5))<\/li>\n<\/ul>\n

    In addition, a person who causes a serious physical injury to another person in the course of committing (or attempting to commit) the following crimes is guilty of first-degree assault (\u00a7 13A-6-20(a)(4)):<\/p>\n

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    • First-degree arson<\/li>\n
    • First- or second-degree burglary<\/li>\n
    • First-degree escape<\/li>\n
    • First-degree kidnapping<\/li>\n
    • First-degree rape<\/li>\n
    • Robbery (any degree)<\/li>\n
    • First-degree sodomy<\/li>\n
    • Any other felony that is clearly dangerous to human life<\/li>\n<\/ul>\n

      First-degree assault is a Class B felony. (\u00a7 13A-6-20(b))<\/p>\n<\/td>\n<\/tr>\n

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Second-degree assault<\/b><\/p>\n<\/th>\n

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A person who commits any of the following is guilty of second-degree assault:<\/p>\n

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  • They intend to cause serious physical injury to another person, and they do so. (\u00a7 13A-6-21(a)(1))<\/li>\n
  • They intend to cause physical injury to another person, and they do so with a deadly weapon or dangerous instrument. (\u00a7 13A-6-21(a)(2))<\/li>\n
  • They recklessly cause serious physical injury to another person by means of a deadly weapon or dangerous instrument. (\u00a7 13A-6-21(a)(3))<\/li>\n
  • The actor causes physical injury to a person when the actor intends to prevent a peace officer, correctional officer, emergency medical personnel, utility worker, or firefighter from performing a lawful duty. (\u00a7 13A-6-21(a)(4))<\/li>\n
  • They intend to physically injure a teacher or a public school employee as a result of the teacher or employee\u2019s job duties, and they cause physical injury to any person. (\u00a7 13A-6-21(a)(5))<\/li>\n
  • The actor causes physical injury to another person while intending to cause physical injury to a health care worker or any other employee of a health care facility, and the injury occurs during the court of (or as a result of) the worker\u2019s performance of their duties. (\u00a7 13A-6-21(a)(6))<\/li>\n
  • They intentionally cause injury, stupor, unconsciousness, or other physical or mental impairment to another person by administering a drug, substance, or preparation to them without their consent. (\u00a7 13A-6-21(a)(7))<\/li>\n<\/ul>\n

    Second-degree assault is a Class C felony. (\u00a7 13A-6-21(b))<\/p>\n<\/td>\n<\/tr>\n

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Third-degree assault<\/b><\/p>\n<\/th>\n

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A person who commits the following is guilty of third-degree assault:<\/p>\n

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  • They intend to cause physical injury to another person and do so. (\u00a7 13A-6-22(a)(1))<\/li>\n
  • They recklessly cause physical injury to another person. (\u00a7 13A-6-22(a)(2))<\/li>\n
  • They cause physical injury to another person through criminal negligence by using a deadly weapon or dangerous instrument. (\u00a7 13A-6-22(a)(3))<\/li>\n
  • The actor causes physical injury to a person while the actor intends to prevent a peace officer from performing a lawful duty. (\u00a7 13A-6-22(a)(4))<\/li>\n<\/ul>\n

    Third-degree assault is a Class A misdemeanor. (\u00a7 13A-6-22(b))<\/p>\n<\/td>\n<\/tr>\n

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Menacing<\/b><\/p>\n<\/th>\n

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A person who intentionally places (or attempts to place) another person in fear of imminent physical injury through the actor\u2019s physical action(s) is guilty of menacing. (\u00a7 13A-6-23(a))<\/p>\n

Menacing is a Class B misdemeanor. (\u00a7 13A-6-23(b))<\/p>\n<\/td>\n<\/tr>\n

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Assault with bodily fluids<\/b><\/p>\n<\/th>\n

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A person who knowingly causes (or attempts to cause) another person to come into contact with a bodily fluid (e.g., blood, saliva, semen, feces, etc.) is guilty of assault with bodily fluids unless the other person consented or the contact was necessary to provide medical care. (\u00a7 13A-6-242(a)-(b))<\/p>\n

Assault with bodily fluids is a Class A misdemeanor. However, if the person commits assault with bodily fluids and they know they have a communicable disease, they commit a Class C felony. (\u00a7 13A-6-242(c))<\/p>\n<\/td>\n<\/tr>\n

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Penalties<\/b><\/p>\n<\/th>\n

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If convicted of assault, the person faces the following penalties:<\/p>\n

Class B felony:<\/p>\n