What is Assault and Battery?

Terry Luck • August 10, 2020

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.

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