First Degree Assault Penalties AL & Defense Strategies
An Alabama first degree assault charge is a very serious legal issue. With 1st degree assault penalties including thousands of dollars in fines and multiple years in jail, it is extremely important that any individual up against such a charge contact an experienced Birmingham criminal defense attorney immediately. These sorts of penalties can have a severe impact on an individual for many years after the crime has occurred, so your case should be effectively handled as soon as possible. A seasoned assault lawyer will be knowledgeable of all penalties associated with a first-degree assault charge, and will be able to properly defend any criminal charge you may be facing.
First Degree Assault Potential Penalties
First degree assault in Alabama is classified as a Class B felony and a conviction can lead to jail time between 2 years and 20 years, and fines up to $30,000. Your driver’s license also can be revoked if a motor vehicle was involved in the commission of a crime.
An Alabama first degree assault charge falls under the presumptive sentencing guidelines. For example, if a deadly weapon was used during the assault an assailant could face a minimum mandatory prison sentence. Note that each criminal case is different with a different set of facts, and a qualified defense lawyer who keeps up with the latest law changes will examine the facts and build a defense strategy that mitigates some of the harshest penalties. Now is the time to get accurate answers to questions you have about your case, about the court where your case will be heard, and about the judge who will preside.
The major long-term consequence of someone who has been convicted of first degree assault in Alabama is having a serious violent felony offense on their record. Unfortunately, in Alabama, there is no type of expungement currently available to eliminate a felony conviction. So, a person convicted of first degree assault in Alabama is unable to vote or carry a firearm, and faces habitual offender sentencing should they be convicted in the future of felony and theft.
Defense Strategies We Can Use in Your Assault Case
There are many ways an experienced criminal defense lawyer in Alabama can refute the prosecution’s evidence in a first degree assault case. The main thing to focus on is the level of injury.
There is a requirement to prove that the injury involved is a statutorily-defined serious physical injury. Therefore, a lawyer can mitigate the level of injury down to a plain physical injury and the case would not be a first degree charge.
As well, causation of the injury and causation of an accident, if involved, are things to focus on when trying to mitigate penalties and exposure to a first-degree assault prosecution.
A knowledgeable attorney will best be aware of any penalties associated with first-degree assault, and the defense strategies to employ to properly defend that charge. A lawyer will be able to determine the causation of the injury and adjust the defense strategy accordingly.
In Which Alabama Courtrooms Are Assault Cases Heard?
When someone is charged with a first degree assault in Alabama, their case usually begins in the district court. The District Courts of Alabama are courts of limited jurisdiction. That means there is no determination of guilt or innocence, however, a person does have a right to begin a preliminary hearing.
A preliminary hearing allows a person to investigate the state’s evidence and determine whether there is probable cause for the warrant to be issued.
This is a very important step in properly defending an assault of first degree case in Alabama. If the case moves from the district court, it goes to the circuit court. However, the district attorney could bypass the district court by immediately taking the case to the grand jury, and there the case would begin in the circuit court.