Aggravated Assault

Skilled Birmingham Criminal Defense Lawyer Committed to the Aggressive Representation of Clients Facing Allegations of Violent Crimes

If you’ve been charged with any violent crime, it’s important to have an experienced lawyer on your side. However, if you have been charged with aggravated assault, or assault in the first degree, working with a Birmingham aggravated assault lawyer is more than just important—it’s imperative. If convicted of felony aggravated assault, you’ll end up with a serious felony on your record and will very receive a lengthy prison sentence. Further, a conviction for assault in the first degree is not expungable under Alabama law, meaning you’ll carry the burden of the conviction for the rest of your life. You should show up to court with a Birmingham aggravated assault defense attorney.

At the Stoves Law Firm, P.C., our Birmingham criminal defense lawyer has more than 25 years of experience successfully defending the rights of clients facing felony assault charges. We pride ourselves in creating custom-tailored defenses designed to minimize the impact of your recent arrest on the rest of your life. That way, you can move on with your life and put your case—and all the stress that comes along with it—behind you.

What Is Aggravated Felony Assault in Alabama?

Unlike many other states, Alabama does not have a separate law defining aggravated assault. That said, the concept of aggravated assault certainly exists, but most Birmingham criminal defense lawyers refer to this offense as assault in the first degree.

Under Alabama Code § 13A-6-20, there are five ways someone can commit an assault of the first degree:

1. Intentionally causing serious bodily injury to another person by using a deadly weapon or a dangerous instrument.
2. Intentionally disfigure another person, resulting in permanent disability or amputation.
3. Recklessly cause serious bodily injury to another person while engaging in conduct that exhibits an “extreme indifference to the value of human life.”
4. Causing serious bodily injury to another during the commission of a felony that is “clearly dangerous to human life,” including certain arson, burglary, kidnapping, robbery and sex offenses.
5. Causing serious bodily injury to another person as a result of operating a vehicle under the influence of drugs or alcohol.

Examples of Assault in the First Degree

There are numerous examples of situations where prosecutors could charge you with assault in the first degree, including the following:

• You caused a DUI accident, resulting in your passenger suffering two broken legs and a punctured lung.
• You stabbed someone with a knife during a fight that you started.
• You pushed an older woman to the ground in an attempt to grab her purse, resulting in the woman fracturing her hip.
• You caused a traffic accident while drag racing, resulting in a motorist sustaining a traumatic brain injury.

What Is the Punishment for Aggravated Assault in Alabama?

Aggravated assault or assault in the first degree is a Class B felony, which is punishable by at least two and up to 20 years in jail. However, if the offense involved the use of a firearm or deadly weapon, Alabama Code § 13A-5-6 requires the judge to sentence you to at least ten years in prison. Despite the significant exposure, this crime subjects you to, an experienced Birmingham aggravated assault lawyer can develop a compelling defense on your behalf in hopes of avoiding the need for a sentencing hearing.

Are You Facing Aggravated Assault Charges in Alabama?

If you were recently arrested and charged with assault in the first degree, our Birmingham violent crimes attorney is here to help. At the Stoves Law Firm, P.C., Attorney Jason Stoves has a long history of standing up for the rights and freedoms of clients who found themselves in the same situation you’re in. We’ve been able to reach favorable outcomes in countless cases, giving our clients the ability to move on with their lives after a felony arrest. 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.