First Degree Assault Penalties & 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 in Alabama is classified as a Class B felony. The range of penalties includes incarceration of between two and 20 years, and a fine of up to $30,000. If a motor vehicle is involved, a person’s driver’s license can also be revoked.

In Alabama, a first-degree assault charge falls under the presumptive sentencing guidelines. Even with no prior criminal history, a person could face a minimum mandatory prison sentence if a deadly weapon was used. However, each case is unique and must be evaluated to determine the length of sentence someone faces for a first degree assault charge in Alabama. Therefore, it is very important to contact an experienced defense lawyer to help make that assessment. A lawyer can properly assess any first degree assault penalties, and craft an effective defense strategy.

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.

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.

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.