Assault Charges Defense Attorneys in Daphne, AL

Assault is a violent crime, and if you have been charged with it, you need to take it very seriously. Violent crime convictions can impede your life in almost every way, from your career options and financial wellbeing to prison time and societal consequences. Regardless of the circumstances you are in, you need a strong criminal defense attorney to protect your rights every step of the way.

If you’ve been charged with a violent crime, learn more about your legal rights and defense options by calling Coumanis & York at 251-260-3927.

Defining Assault in Alabama

Under Alabama law, there are three degrees of assault:

• First-degree assault. This is a Class B felony. First-degree assault occurs when an individual causes serious injury to someone else with a deadly instrument or weapon. The agitator must have had the intent to cause disfigurement or serious injury. Intent is not necessary if the assailant assaults the victim in a way that shows extreme indifference to the value of human life.
• Second-degree assault. This is a Class C felony that occurs after an assailant intentionally causes serious injury to a victim, either with or without a weapon. This category of assault charges also encompasses attacks on law enforcement officers, medical care providers, teachers, and correctional officers.
• Third-degree assault. If someone intentionally or recklessly injures someone else, they may be charged with assault in the third-degree. Third-degree assault is a Class A misdemeanor.

Penalties vary at each level. Those convicted of a Class B felony may spend between two and 20 years in prison and pay fines as high as $30,000. Second-degree assault convictions lead to prison sentences between 366 days and 10 years in prison, as well as fines up to $15,000. Conviction of a Class A misdemeanor may lead to a jail sentence of up to one year and fines as high as $6,000.

Outside the standard assault charges, Alabama statutes also account for aggravated assault. This charge is used when the person operates under circumstances that make their actions much more serious than a standard assault situation. For example, someone engaging in a home burglary who assaults the homeowners and uses weapons to control them could be charged with aggravated assault.

The Victim’s Role in Pressing Charges

Crime shows have confused the public on the victim’s role in pressing charges, leaving many people with the belief that victims have the right to press charges against their assailant. However, the prosecutor makes that choice—not the victim.

However, the victim’s preferences and choices may play a role in the prosecutor’s decision whether or not to press charges. A strong case relies on evidence, and a prosecutor has a difficult time gathering enough evidence without the victim’s consent and cooperation. For that reason, they may choose not to press charges if the victim does not want them to.

Remember, though, that this is not a hard-and-fast rule—even without the victim’s cooperation, the prosecution may still pursue charges against an assailant if they believe they have sufficient evidence.

Defenses Against Assault Charges

An assault conviction can follow you for the rest of your life, limiting your career options, staining your reputation, and keeping you out of many parts of society. That’s why it’s important to hire an attorney who can explore different defense options for you. Assault defenses include:

• Acting in self-defense. Even if you cause physical injury to someone, you may not be guilty of a crime if you were acting in self-defense. If the other person initiated the confrontation and you simply fought back to protect yourself, you may have a solid defense against assault charges.
• No intent to commit assault. Accidents happen, and while people must be held liable for their mistakes, this is obviously a different situation from someone intentionally causing harm. If you caused injury to someone but did so by accident, the intent component of the crime is not present.
• Insufficient evidence or proof. Remember, you are considered innocent until proven guilty. The other side has to meet a very high standard of proof to seek a conviction. If there is not enough evidence to connect you to the crime or to the victim’s injuries, there may not be a case.
• Mistaken identity. This defense is often used in group situations. If a brawl breaks out, it is difficult to tell who is fighting and who is trying to get out. If you are charged but someone else was responsible for the injuries in question, this may be a viable defense.

Why You Need a Criminal Defense Attorney

One of the biggest mistakes that people often make is waiting too long to hire a criminal defense attorney—or worse, not hiring one at all. To put this as clearly as possible, any criminal conviction can impact you for the rest of your life.

This is particularly true when you are convicted of a violent crime like assault. The majority of large employers now run background checks on job applicants, and they may be wary of taking a risk on an applicant with a criminal history. Even if you are qualified in every single way, if they have to choose between someone with a clear background check and someone with an assault conviction, they will choose the former.

This can also affect your social standing in numerous ways. If information about your assault conviction comes out—which it very well may, since this information is publicly available—you could find yourself shunned by friends and acquaintances. If you have children, you’re unlikely to pass a background check that would allow you to volunteer at their school, scout troop, or other activity. Should you end up in a custody dispute, it is likely that your criminal history will be used against you.

The best way to protect your future and your civil rights is to hire an attorney with extensive experience in assault cases. Our team will take an in-depth look at your case and the available evidence to figure out possible defenses. We know how important your future is to you and our goal is to get your charged dropped.

Reach Out to Coumanis & York Today

If you have been arrested on assault charges, now is the time to find a reliable and aggressive criminal defense attorney. Schedule a consultation now by calling our Mobile office at 251-260-3927 or contacting us online.