Violent Crimes

Experienced Birmingham Criminal Defense Lawyer Dedicated to Defending Clients Charged with Assault Offenses

Violent crimes are some of the most serious criminal charges in Alabama, and police, prosecutors, and judges all take an aggressive approach to the prosecution of these crimes. However, just because you’ve been arrested for a violent crime doesn’t make you guilty; it’s up to the prosecution to prove its case against you beyond a reasonable doubt—if it can. And this is where an experienced Birmingham violent crimes attorney comes in.

At the Stoves Law Firm, P.C., Attorney Jason Stoves has been successfully representing clients in Birmingham and the surrounding areas for more than 25 years. We understand the stress and anxiety that comes along with having a criminal case hanging over your head, and we’re prepared to do everything possible to ensure that your recent arrest has as little impact on your future as possible.

Birmingham Violent Crime Statistics

With more than 190,000 residents, Birmingham is the county seat of Jefferson County and the third-largest city in Alabama. However, there are more arrests for violent crimes in Birmingham than anywhere else in the state. For example, in 2022, law enforcement in Jefferson County arrested 3,330 people for assault crimes alone. This is almost double the number of assault arrests in any other Alabama County.

Types of Violent Crimes in Alabama

Assault

Assault is the cornerstone of most violent crimes in Birmingham. However, in Alabama, an assault is what many other states would call a battery. Under Alabama law, there are four ways to commit an assault:

1. Intentionally causing physical injury to another person.
2. Recklessly causing physical injury to another person.
3. Negligently causing another to experience physical injury by using a deadly weapon or dangerous instrument.
4.  Cause physical injury to another person while trying to prevent law enforcement from carrying out their lawful duties.

Any of the above are considered an assault of the third degree, which is punishable as a Class A misdemeanor. However, in certain situations, for example, if the alleged victim experienced serious physical injury, the offense becomes an assault of the second degree. Assault of the second degree, which is a Class C felony.

Finally, assault in the first degree—or aggravated assault—involves causing serious physical injury to another person while using a deadly weapon or dangerous instrument. It is also considered first-degree assault if you seriously hurt someone while engaging in conduct that is so reckless it shows you had an “extreme indifference to the value of human life.” Assault in the first degree is a Class B felony.

Menacing

Menacing is a crime that involves intentionally placing another person in fear of imminent serious physical injury. For example, if you were to walk up to someone at a bar, pull your fist back as though you were going to punch them, and then walk away, you may have committed menacing. Note there is no requirement that the alleged victim was injured or even that there was any physical contact involved. Menacing is a Class B misdemeanor. 

Defenses to Violent Crimes in Alabama

While assault and menacing are incredibly serious, there are many defenses to violent crimes. A successful defense can mitigate your exposure and may result in the prosecution withdrawing the case. In other situations, your Birmingham criminal defense attorney can use your defense as leverage to negotiate a favorable plea agreement to less serious charges. And, of course, if a pre-trial resolution isn’t in the cards, your lawyer will present your defense to the judge or jury to illustrate that the prosecution failed to meet its burden.

Some of the most common defenses to a Birmingham violent crime include the following:

• You did not have the intent to inflict injury.
• The alleged victim fabricated or exaggerated the facts leading up to your arrest.
• The alleged victim did not experience physical injury or serious physical injury.
• You were misidentified as the person who committed the offense.
• Police officers violated your rights before taking a statement from you or discovering potentially harmful evidence.

Of course, these are just a handful of the defenses our Birmingham violent crime defense lawyer relies on when handling cases; there are many more. If you have questions about your case, give the Stoves Law Firm, P.C. a call to schedule a free consultation.

Are You Facing Allegations of a Violent Crime in Birmingham, AL?

If you were recently arrested and charged with assault, menacing or any other violent crime, reach out to the Stoves Law Firm, P.C. At our Alabama criminal defense firm, we have more than 25 years of experience handling all types of violent crime cases in Birmingham and throughout Jefferson and Shelby County. Attorney Jason Stoves works closely with each and every client to develop a compelling defense designed to obtain the best result possible. We value your input and will take the time to listen to you before we get to work putting together your defense. To learn more, and to schedule a free consultation today, call the Stoves Law Firm, P.C. at (205) 823-7233, or you can connect with us through our secure online contact form.