Alabama Assault Charges

Alabama Code, Title 13A, Criminal Code, Chapter Six, Article Two

• § 13A-6-20 (Assault in the first degree)
• § 13A-6-21 (Assault in the second degree)
• § 13A-6-22 (Assault in the third degree)
• § 13A-6-23 (Menacing)
• § 13A-6-242 (Assault with bodily fluids)

A person who commits any of the following is guilty of the crime of assault in the first degree:

• 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. (§ 13A-6-20(a)(1))
• They intend to seriously and permanently disfigure another person and cause such disfigurement. (§ 13A-6-20(a)(2))
• They intend to destroy, amputate, or disability a person’s member or organ and cause said damage. (§ 13A-6-20(a)(2))
• 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. (§ 13A-6-20(a)(3))
• They drive under the influence of alcohol or a controlled substance and cause serious physical injury to another motor vehicle driver. (§ 13A-6-20(a)(5))

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 (§ 13A-6-20(a)(4)):

• First-degree arson
• First- or second-degree burglary
• First-degree escape
• First-degree kidnapping
• First-degree rape
• Robbery (any degree)
• First-degree sodomy
• Any other felony that is clearly dangerous to human life

First-degree assault is a Class B felony. (§ 13A-6-20(b))

A person who commits any of the following is guilty of second-degree assault:

• They intend to cause serious physical injury to another person, and they do so. (§ 13A-6-21(a)(1))
• They intend to cause physical injury to another person, and they do so with a deadly weapon or dangerous instrument. (§ 13A-6-21(a)(2))
• They recklessly cause serious physical injury to another person by means of a deadly weapon or dangerous instrument. (§ 13A-6-21(a)(3))
• 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. (§ 13A-6-21(a)(4))
• They intend to physically injure a teacher or a public school employee as a result of the teacher or employee’s job duties, and they cause physical injury to any person. (§ 13A-6-21(a)(5))
• 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’s performance of their duties. (§ 13A-6-21(a)(6))
• 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. (§ 13A-6-21(a)(7))

Second-degree assault is a Class C felony. (§ 13A-6-21(b))

A person who commits the following is guilty of third-degree assault:

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

Third-degree assault is a Class A misdemeanor. (§ 13A-6-22(b))

A person who intentionally places (or attempts to place) another person in fear of imminent physical injury through the actor’s physical action(s) is guilty of menacing. (§ 13A-6-23(a))

Menacing is a Class B misdemeanor. (§ 13A-6-23(b))

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. (§ 13A-6-242(a)-(b))

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. (§ 13A-6-242(c))

If convicted of assault, the person faces the following penalties:

Class B felony:

• Mandatory minimum sentence of two years (up to 20 years) (§ 13A-5-6(a)(2)), and
• A fine of up to $30,000. (§ 13A-5-11(a)(2))

Class C felony:

• Mandatory minimum sentence of one year (up to 10 years) (§ 13A-5-6(a)(3)), and
• A fine of up to $15,000. (§ 13A-5-11(a)(3))

Class A misdemeanor

• Up to one year of imprisonment (§ 13A-5-7(a)(1)), and
• A fine of up to $6,000. (§ 13A-5-12(a)(1))

Class B misdemeanor

• Up to six months of imprisonment (§ 13A-5-7(a)(2)), and
• A fine of up to $3,000. (§ 13A-5-12(a)(2))