ALABAMA ASSAULT & BATTERY CHARGES
In Alabama, charges of Assault and Battery are considered very seriously by prosecutors. Being arrested and processed through the court system of Alabama is something that no one ever wishes to have to suffer. The court proceedings and the trial process can be humiliating, and unbearable. If you are charged with assault or battery, you could be facing monetary fines, imprisonment, community service, court costs, and so on.
Along with the emotional damage that something like this catches on a person, there are also continuing impacts. How will this conviction ruin your employment, education, relationship, and most of all your future? If you are accused of assault or battery, an experienced Alabama assault attorney can assist you expertly through the court process.
Assault and Battery
Assault and battery in personal injury law, are intentional wrongs that can set the basis of a trial in criminal court. The claimant of an assault or battery offense sues the wrongdoer, demanding damages for injuries arising from the incident.
Alabama criminal code describes assault as putting a victim in immediate threat of bodily injury while battery relates to physical injury.
How Does Assault Take Place?
The offense of assault, in a personal injury case, is described as any intentional performance that is intended to make a reasonable apprehension of immediate and dangerous contact, an action that caused the victim to expect that they were nearly be hurt or touched dangerously by the offender. In Alabama, that apprehension or threat of immediate harm, as long as it's a rational response to the incident, is all that's required for an act to be deemed an assault.
There is no physical touching or contact that is inevitable for the intended criminal wrong of assault to be charged. It's the fear that weighs. If touch does happen between the victim and offender, that's where the intended offense of the battery happens.
Assault in First-Degree: Under Al Code § 13A-6-20, a person may be charged with the first-degree assault indexed as a Class B felony if, with the intent to cause serious bodily injury or disfigurement, it induced a severe injury to anyone with the use of a deadly tool or fatal weapon. In other words, first-degree assault happens when an individual aim to cause amputation to anybody and causes the injury.
In Alabama, a person may be convicted of first-degree assault if they severely and physically damage a person during the performance of a felony.
Assault in Second-Degree: Under Al Code § 13A-6-21, a person acts second-degree assault, indexed as Class C felony, if he or she intends to cause severe physical injury and do so to another person with or without a firearm. In other words, carrying a lethal weapon leads to the performance of second-degree assault if the weapon holder causes physical harm to someone.
Causing physical damage to a police officer or any other law enforcement member standing within the line of service, an officer at a utility worker, correctional facility, medical provider, firefighter, or professor can also seek a second-degree assault charge against an offender.
Preceding a controlled substance to an individual without their assent is also a way an individual may be convicted of assault.
Assault in Third-Degree: A person commits assault in the third degree, indexed as Class A misdemeanor if he or she intends to cause physical injury to any person and causes damage or dangerously gives physical harm.
If an individual performs criminal negligence and causes injury to any person with a gun or any other fatal firearm he or she may be charged with a third-degree assault.
An individual who attempts to prevent an officer of any law enforcement department from acting in the line of service is liable for third-degree assault if they cause physical wrong to that officer.
Aggravated: An individual may be convicted with aggravated assault if their performance under certain circumstances creates the situation more dangerous than if they had only been aiming to act assault. For instance, if the assault is performed during the course of burglary with a destructive weapon, the offense may be deemed aggravated assault.
The penalties for aggravated assault are more severe than for other assaults where the offender only meant to injure the victim.
How Does Battery Take Place?
Battery crime happens when the offender makes deliberate, malicious, or aggressive contact with the victim.
For taking place a battery, the connection by the offender, and the hurt to the victim can be immediately, remotely, and directly or indirectly.
To take place a battery, it's notable, that the victim does not truly require to be physically damaged under criminal law. All that's needed is that the touch or contact is inappropriate or offensive and that the wrongdoer meant for it to take place.
The deliberate wrongs of assault and battery usually arise from one occasion, but that isn't always the situation. It's feasible for an assault to happen without battery. As well as a battery offense can also be performed without any assault. For instance, if a person pushes someone from behind, that's almost surely a battery offense under the law of personal injury. However, if a victim never saw a defendant coming and never observed any fear before, an intentional wrong of assault did not occur, probably.
Potential Defenses against Assault & Battery
After examining the evidence in your situation, a Birmingham assault attorney will be capable to explain your options, whether or not you want to plead wrongdoer, what penalty you will likely get if you plead guilty or move with a lawsuit, and what defenses are accessible to you based on the data and your remarks to your counsel.
Following are some common defenses to assault charges:
Without Wrongful Intention: To be charged with criminal assault, you necessarily have had the intention to injure the victim or create fear. If what occurred was an uncontrollable accident or you were incapable to comprehend what you were acting because of psychic condition or defect, you may not be observed blameworthy because you lacked the intention to perform the offense.
Inappropriate Evidence: The prosecution must prove all parts of the offense. If the prosecution could not prove even one component, you may be seen as not criminal. For instance, if eyewitnesses summoned to come to trial, are not available or do not answer to the prosecutor's summons, the court may lack the proof to continue your trial.
Action against Possible Threat: Under certain circumstances, if you performed battery or assault but performing so was essential to protect yourself or other people, you may be able to demonstrate that you were fighting in self-defense. Self-defense must be applied only to the extent required.
A general misconception is that if the sufferer hit first, you have an undeniable right to struggle back in the context of self-defense. If one person tries to withdraw from a fight, extending any destruction after that will possibly not be deemed an act in self-defense no matter who involved first.
Declining the Claim by Victim
Often, a common question that many people ask about assault and battery conviction is what if the sufferer does not want to proceed with the trial? This usually happens in domestic violence suits where the opponents involved aim to settle. A misunderstanding arises is that the court must dismiss charges when an applicant does not require to press charges.
Once charges are filed, prosecutors will keep a victim's statements into account, but filled charges will not automatically be abandoned in all instances where the suffering party no longer wishes to press charges. Prosecutors will decide based on what other proof is accessible, such as evidence of losses, whether or not the respondent admitted to the claimed acts, and whether or not there were separate eyewitnesses.
How Do Contact Orders work?
If you have been involved in assault or battery, a court may declare an order of no-contact to deter you from reaching the alleged victim in the matter. If a judge has directed no contact with another party, you must not make contact with that person under any conditions, even if the other party tries to make contact you first.
Breach an order of no-contact means that an assault charge will appear, you could be charged with an additional crime, or a criminal contempt citation, and you could imprisoned, even if the sufferer does not desire to press charges.
How Does a Chelsea Assault Lawyer Help?
If you have been involved in assault or battery in Chelsea, talk to an expert Chelsea assault lawyer right away. In some instances, a Chelsea assault attorney can stop charges from being declared before you are even imprisoned.
If this is not feasible in your case, an experienced Alabama Assault attorney Erik Fine will work with you to manage the best defense strategy and go to get the charges removed or at least reduce the results for you by arguing the case at hearing or getting the charges diminished to a lesser offense. If necessary we are always prepared to take your case to trial and fight for you Rights.
Call today to 205-478-2498 to speak with Attorney Erik Fine at the Patriot Law Firm anytime 24/7.