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assault
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In order to be convicted of the crime
of assault in Alabama, the
Prosecutor must prove that the person charged had intent to cause
serious physical injury (or injury) to another person coupled with the
intent to either commit another crime or through some type negligence
for the lesser assault charge. The charge encompasses the assault of
prescribed individuals in the statute. Self-defense of yourself or
another person is a viable and often successful defense.
If
you have been charged with assault or any assault related crime,
contact attorney Steven F. Long who is very familiar with the assault
laws in Alabama and will fight to make sure that your interests are
protected against an assault charge. There are many favorable options
available for one charged with assault in Alabama. Please contact Attorney Steven F. Long by clicking ASSAULT, to discuss any specific and further questions you may have.
Assault in the first
degree.
(a) A person commits the crime of assault in the first degree if:
(1)
With intent to cause serious physical injury to another person, he
causes serious physical injury to any person by means of a deadly
weapon or a dangerous instrument; or
(2) With intent to
disfigure another person seriously and permanently, or to destroy,
amputate or disable permanently a member or organ of his body, he
causes such an injury to any person; or
(3) Under
circumstances manifesting extreme indifference to the value of human
life, he recklessly engages in conduct which creates a grave risk of
death to another person, and thereby causes serious physical injury to
any person; or
(4) In the course of and in furtherance of
the commission or attempted commission of arson in the first degree,
burglary in the first or second degree, escape in the first degree,
kidnapping in the first degree, rape in the first degree, robbery in
any degree, sodomy in the first degree or any other felony clearly
dangerous to human life, or of immediate flight therefrom, he causes a
serious physical injury to another person; or
(5) While
driving under the influence of alcohol or a controlled substance or any
combination thereof in violation of Section 32-5A-191 he causes serious
bodily injury to the person of another with a motor vehicle.
(b) Assault in the first degree is a Class B felony.
Assault in the second
degree.
(a) A person commits the crime of assault in the second degree if the
person does any of the following:
(1) With intent to cause serious physical injury to another person, he
or she causes serious physical injury to any person.
(2)
With intent to cause physical injury to another person, he or she
causes physical injury to any person by means of a deadly weapon or a
dangerous instrument.
(3) He or she recklessly causes serious physical injury to another
person by means of a deadly weapon or a dangerous instrument.
(4)
With intent to prevent a peace officer, as defined in Section 36-21-60,
or emergency medical personnel or a firefighter from performing a
lawful duty, he or she intends to cause physical injury and he or she
causes physical injury to any person.
(5) With intent to
cause physical injury to a teacher or to an employee of a public
educational institution during or as a result of the performance of his
or her duty, he or she causes physical injury to any person.
(6)
With intent to cause physical injury to a health care worker, including
a nurse, physician, technician, or any other person employed by or
practicing at a hospital as defined in Section 22-21-20; a county or
district health department; a long-term care facility; or a physician's
office, clinic, or outpatient treatment facility during the course of
or as a result of the performance of the duties of the health care
worker or other person employed by or practicing at the hospital; the
county or district health department; any health care facility owned or
operated by the State of Alabama; the long-term care facility; or the
physician's office, clinic, or outpatient treatment facility; he or she
causes physical injury to any person. This subdivision shall not apply
to assaults by patients who are impaired by medication or to assaults
on home health care workers while they are in private residences.
(7)
For a purpose other than lawful medical or therapeutic treatment, he or
she intentionally causes stupor, unconsciousness, or other physical or
mental impairment or injury to another person by administering to him
or her, without his or her consent, a drug, substance or preparation
capable of producing the intended harm.
(b) Assault in the second degree is a Class C felony.
Assault
in the third degree.
(a) A person commits the crime of assault in the third degree if:
(1) With intent to cause physical injury to another person, he causes
physical injury to any person; or
(2) He recklessly causes physical injury to another person; or
(3)
With criminal negligence he causes physical injury to another person by
means of a deadly weapon or a dangerous instrument; or
(4) With intent to prevent a peace officer from performing a lawful
duty, he causes physical injury to any person.
(b) Assault in the third degree is a Class A misdemeanor.
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