Are you being charged with criminal assault in Birmingham, AL? If so, you need to hire an experienced Birmingham assault defense lawyer to help you fight back against the prosecution.
Our attorneys at Jaffe, Hanle, Whisonant & Knight, P.C. have over 100 years of combined experience. We have successfully represented people charged with assault in the area before, and we’ll work just as hard for you. A Birmingham assault defense attorney on our team will defend against your criminal charges and mitigate the consequences of a conviction.
Being charged with a crime is anxiety-inducing. Call us to schedule a free consultation and learn more about how we can help you.
How Jaffe, Hanle, Whisonant & Knight, P.C. Can Help if You’re Arrested for Assault in Birmingham, AL
Since 1991, Jaffe, Hanle, Whisonant & Knight, P.C. has defended people arrested in Birmingham, Alabama. Our work has included helping people who are charged with assault. We’re a leading criminal defense law firm in the state, and we’ll make your case a top priority from the start.
The Birmingham assault defense lawyers on our team work together to build the strongest defense. We aggressively defend each client and pursue all opportunities to get the case dismissed or the charges reduced if at all possible.
If you hire us to represent you, we will:
- Explain the charges
- Discuss the potential penalties
- Investigate the case
- Collect and review evidence
- Keep track of deadlines and court filings
- Handle all communication with the prosecutor
- Represent you in court
- File pretrial motions (including bond motions and constitutional motions)
- Prepare for and go to trial
- Argue for a not-guilty verdict
Assault charges are very serious. You should not risk your liberty by hiring a lawyer who is not qualified to handle your case. Talk with a Birmingham criminal defense lawyer you can trust by calling Jaffe, Hanle, Whisonant & Knight, P.C. today.
Types of Assault Crimes in Birmingham, Alabama
An assault is an intentional, reckless, or criminally negligent act that causes physical harm to a victim. The harm can be minor or severe. The more severe the harm, the more serious the charge. Alabama categorizes general assault crimes by degree.
Assault in the First Degree
Assault in the first degree is the most serious form of assault. It is a Class B felony. Someone commits assault in the first degree if they cause serious bodily injury:
- With a deadly weapon or dangerous instrument
- Through behavior that shows a reckless indifference to human life
- While driving under the influence of alcohol or drugs
- While committing a dangerous felony or fleeing from the scene
In each of these circumstances, the defendant must also have intended to cause harm.
Assault in the Second Degree
Assault in the second degree is a Class C felony. Someone commits assault in the second degree if they:
- Intentionally cause serious bodily injury
- Intentionally causes any type of injury with a deadly weapon
- Recklessly causes serious injury with a deadly weapon
- Assault a protected type of victim, including police officers, teachers, emergency medical personnel, or firefighter
- Intentionally drug someone
Usually, the difference between assault in the second degree and first degree is the level of intent and severity of the injury.
Assault in the Third Degree
Assault in the third degree is a Class A misdemeanor. Someone commits assault in the third degree if they:
- Intentionally or recklessly cause any physical injury to another person
- Cause physical injury with a deadly weapon because of criminal negligence
- Cause physical injury to someone while preventing a police officer from performing their lawful duty
You can still be convicted of assault even if the injury is minor.
What Are the Penalties for an Assault Conviction in Birmingham?
Even if you aren’t guilty, it’s normal to wonder about the potential penalties for an assault conviction. Generally, penalties can be divided into two categories: court-ordered penalties and collateral consequences.
Court-Ordered Penalties
Court-ordered penalties are those that most people think of when they are accused of a crime. For example, it may include jail time, probation, or fines. The court-ordered penalties for an assault conviction depend on the level of crime.
If you are convicted of misdemeanor assault (also known as assault in the third degree), you will face up to one year in jail and a $6,000 fine. If you are convicted of assault in the second degree, you will face 1-10 years in prison and a $15,000 fine.
If you are convicted of assault in the first degree then you will face the most serious consequences. This includes 2-20 years in prison and a $30,000 fine.
If you are convicted of either first or second-degree assault with a deadly weapon, then you will get a mandatory 10-year prison sentence.
Furthermore, you may be placed on probation after your release from jail or prison. While on probation, you will be required to adhere to certain rules. These rules could include:
- Drug tests
- Reporting to your probation officer
- Avoiding contact with the victim
- Staying out of legal trouble
- Getting a job
- Curfew
If you break the rules of your probation, you could be violated and sent back to jail or prison for the duration of your sentence.
Collateral Consequences
On top of court-ordered consequences, a criminal conviction may have collateral consequences. These are unseen consequences that may affect you for years after your release or even the rest of your life.
If you are convicted of felony assault, you will have more collateral consequences than if you are convicted of misdemeanor assault. These consequences can include:
- Difficulty finding or maintaining employment
- Loss of housing
- Inability to qualify for certain types of loans
- Loss of the right to vote
- Loss of the right to own a firearm
- Social stigma and isolation
- Permanent criminal records
- Difficulty re-entering society after a prison sentence
For many people, the collateral consequences of an assault conviction are more devastating than the court-ordered penalties.
What Defenses Can Be Raised if I Am Accused of Assault in Birmingham, Alabama?
Though being accused of assault in Birmingham is incredibly stressful, there are several defenses available. Your Birmingham assault defense attorney will listen to your story and explain the best defense in your case.
Some of the most common assault defenses are:
- Self-defense
- Defense of others
- Lack of intent
- Mistaken identity
- Alibi
- Defense of property
- Insufficient or no injury
- Insanity
Additionally, there are usually procedural or technical defenses available in criminal cases. This type of defense argues that the prosecution or the police didn’t follow the proper protocol or are breaking procedural rules.
Examples of these types of defenses are:
- That the prosecution has not produced enough evidence to meet their burden of proof beyond a reasonable doubt
- That the prosecution is attempting to admit inadmissible evidence
- That there was no probable cause for an arrest or search
- That evidence was procured in violation of your constitutional rights and should be excluded from trial
We can make many of these arguments through pre-trial motions. Pretrial motions are very important in any criminal case. They can help us chip away at the government’s evidence and learn more about what they are going to argue during trial. This information can help us procure a not guilty verdict at trial, or get the case dismissed altogether.
Our team has a robust motions practice in every criminal assault case. We won’t wait around to hear the evidence at trial because we know that sometimes, the best defense is a strong offense.
Schedule a Free Case Evaluation With an Experienced Birmingham Assault Defense Lawyer
The best way to protect yourself from getting convicted of assault is to hire a Birmingham assault defense lawyer with Jaffe, Hanle, Whisonant & Knight, P.C. We have the resources and expertise to stand up to the prosecution and poke holes in their case.
The sooner we can get started on your case, the better. Call us to schedule a free consultation today.