Blog Layout

What is Assault and Battery?

August 10, 2020

What is Assault and Battery?

What is Assault and Battery?
“Assault and battery” are terms that are often used together in a criminal context. However, Alabama law does not set out the criminal offense of “battery,” but only refers to assault. Assault in Alabama means engaging in physical contact that causes harm to another person, and there are three different degrees of this offense, each with its own elements, charges, and penalties.

Third-Degree Assault

There are four different ways that someone might be charged with third-degree assault in Alabama:

●    Intentionally causing injury to someone else, no matter how minor
●    Causing injury to someone else with reckless conduct
●    Causing injury by using criminal negligence in regard to a dangerous or deadly weapon
●    Causing injury when trying to prevent an arrest

This is a Class A misdemeanor, and a conviction can mean fines up to $6,000, probation, or up to one year of imprisonment or hard labor.

Second-Degree Assault

Second-degree assault is a more serious charge, and the primary differences are the degree of injury caused and/or the identity of the victim. For instance, you might be charged with second-degree assault if you are accused of:

●    Intentionally causing serious injury to someone else
●    Causing injury to someone else with reckless conduct
●    Intentionally causing injury by using a dangerous or deadly weapon
●    Causing serious injury by recklessly using a dangerous or deadly weapon
●    Intending to causing injury to peace officers, emergency workers, correctional officers, teachers, healthcare workers, and similar employees
●    Using drugs to intoxicate someone without their consent

This is a Class C felony, and a conviction can mean fines up to $15,000, probation, and/or at least one year of imprisonment or hard labor, up to ten years. If you are accused of using a deadly weapon, you can face a mandatory minimum of ten years in prison.

First-Degree Assault

This is an even more severe assault charge, and it can apply when someone:

●    Intends to cause serious injury using a deadly weapon
●    Causes injury with the intent to cause permanent disfigurement or disability
●    Acts recklessly and puts someone else at grave risk of death and they suffer serious injury
●    Causes serious injuries while committing another felony that puts others in danger, such as arson, burglary, robbery, kidnapping, or rape
●    Causes serious injuries while driving under the influence of alcohol or drugs

This is a Class B felony, and a conviction can mean fines up to $30,000, probation, and/or at least two years of imprisonment up to 20 years. If you are accused of using a deadly weapon, you can face a mandatory minimum of ten years in prison.

Speak with a Montgomery Criminal Defense Lawyer for Help Right Away

As you can see, assault can be a very serious violent crime in Alabama, and you can expect prosecutors to seek maximum penalties. There are ways to defend against these charges, and you want an experienced Montgomery assault defense lawyer from Luck Law on your side. Contact us online or call 334-262-5455 right away if you’ve been arrested.

Terry's Tips

Pursuing Justice for Fatal Motorcycle Accidents in Alabama

Pursuing Justice for Fatal Motorcycle Accidents in Alabama

By Terry Luck • February 17, 2025
Seek justice for fatal motorcycle accidents in Alabama. Learn about legal rights, compensation, and how an attorney can help after a tragic loss.
What to Do Immediately After a Car Accident in Montgomery

What to Do After a Car Accident in Montgomery

By Terry Luck • February 17, 2025
Involved in a car accident in Montgomery? Learn the crucial steps to ensure safety, report the incident, and protect your legal rights immediately.
A man is standing in front of a house with a police car in the background.

Understanding Alabama’s Stand Your Ground Law

By Terry Luck • January 8, 2025
Learn about Alabama's Stand Your Ground law, its requirements, exclusions, and legal process. Discover how Luck Law, LLC can help protect your rights in self-defense cases.
A truck has crashed into a car on a highway.

Wrongful Death Claims Involving Commercial Trucks on I-85

By Terry Luck • January 8, 2025
Explore wrongful death claims on Alabama's I-85 involving commercial trucks. Learn about legal rights, evidence, and how Luck Law, LLC can help you seek justice.
Domestic Violence lawyer in Alabama

What You Need to Know if You are Accused of Domestic Violence in Alabama

By Terry Luck • December 10, 2024
Accused of domestic violence in Alabama? Luck Law, LLC offers experienced legal representation for domestic violence charges, restraining orders, and related family law issues. Contact our Alabama domestic violence lawyer for a confidential consultation today.
Controlled Substance cases in Alabama

Drug Charges and Possession of a Controlled Substance Cases in Alabama

By Terry Luck • December 10, 2024
Facing drug possession charges in Alabama? Luck Law, LLC provides aggressive defense for controlled substance cases. Learn about Alabama’s drug laws, penalties, and your rights. Contact our experienced Alabama drug defense attorney for a consultation today.
The scales of Justice sitting on a wooden table in a court with the american flag in the background.

Debunking Myths about Criminal Defense in Alabama

By Terry Luck • November 6, 2024
Facing criminal charges can be overwhelming, especially with common myths and misconceptions about Alabama's criminal justice system adding to the confusion. Learn the truth about criminal defense to better navigate.
A man in a suit and tie is standing in front of a judge in a courtroom.

Defend Against a Drug Charge with an Experienced Drug Possession Attorney

By Terry Luck • November 6, 2024
Alabama has strict drug laws, and a conviction for drug possession can mean fines, probation, and jail time in many cases. Having an effective defense is necessary to protect yourself.
Show More
Share by: