Pelham Assault Lawyer
Physical altercations between individuals might yield assault charges for the participants. Such charges can have significant consequences on many aspects of the life of the accused.
That said, there are always two sides to any story. Fortunately, the law enables anyone facing criminal charges the opportunity to a fair trial. Alabama residents charged with assault might benefit from retaining the counsel of a Pelham assault lawyer. A skilled criminal defense attorney can fight by your side through every step of the legal process.
Assault occurs when one individual carried out or threatens to execute some form of physical force designed to intimidate or injure another. The severity of the potential penalties a court or adjudicating body could levy depends upon how serious the charges are. Less severe charges might be classified as a misdemeanor, which is a less severe criminal designation and may result in less stringent penalties. More serious assault charges might yield the more significant felony charges, which may lead to far harsher penalties. Furthermore, if a person possesses a firearm during the time of the alleged assault, they may also incur a gun charge. Alabama Criminal Code Sections 13A-6-20-13A-6-22 (pp71-74) explains that there are three main categories of assault law enforcement officials can charge someone with. An accused person should contact a reliable Pelham assault lawyer and they could start examining potential legal solutions and defenses.
The most serious assault categorization, which occurs when someone purported to have either intended to or did cause significant physical, internal or disfigurement injuries to another person. This classification of assault is considered a Class B felony.
Though deemed less severe than first- degree assault, the second-degree categorization of this offense takes place when someone intended to or directly caused serious physical injury to another. Second-degree assault is labeled a Class C felony.
Third Degree Assault
The least serious of all three categories, this classification occurs when someone intended to commit some type of physical injury or said actions resulted in such. Third-degree assault is classified as a Class A misdemeanor.
Potential Extenuating Factors
There are certain factors that may impact the severity of the assault charges levied, including:
- If a weapon was involved
- If drugs were involved
- If the act occurred in conjunction with other alleged crimes
- If the act occurred while preventing a first responder from performing their lawful, professional duties
- The individual in question’s criminal record
There may be other extenuating circumstances that could influence the severity of assault charges as well.
Possible Penalties in Pelham
The potential penalties levied will correlate with the seriousness of the charges at hand. First-degree assault could yield a prison sentence ranging from two to 20 years and fines of up to $30,000.
Assault in the second-degree might lead to incarceration for a period of more than one year to as much as a decade. Additionally, up to $10,000 in fines could be handed down.
Finally, a third-degree assault may result in up to six months in jail and $500 in fines. Factors such as individual criminal history might play into whether someone receives the higher or lower ends of each classification’s penalties.
The Role of an Assault Attorney
Prosecuting attorneys must, beyond a shadow of a doubt, demonstrate to a judge or jury that the client of a Pelham assault lawyer bears responsibility for the act in question. The prosecution will attempt to make its case using evidence, the testimony of witnesses and the knowledge provided by a variety of medical, criminal or experts pertinent to other specific fields.
An assault lawyer will attempt to expose flaws in the prosecution’s case by executing actions such as:
- Questioning how specific evidence was collected
- Calling into question the validity of specific witnesses
- Attempting to demonstrate that someone other than said professional’s client performed the act in question
- Trying to establish that the client was somewhere else when the act occurred
Additionally, an assault lawyer from Pelham can also build a defense using evidence, witnesses and expert testimony.
Reach Out to a Pelham Assault Attorney
Assault charges have the potential to adversely impact someone’s life. That said, the law enables those facing such charges the opportunity to present a case and obtain a clean criminal slate. That process, however, might be more feasible with the help of a Pelham assault lawyer. Call today to learn more.