Birmingham Assault Defense Attorney

When facing assault charges in Alabama, having skilled legal representation can make a crucial difference in the outcome of your case. Our Birmingham defense team thoroughly examines every aspect of assault allegations, from witness credibility to the circumstances surrounding the incident. We understand how quickly confrontations can escalate and how easily self-defense situations can be misinterpreted by law enforcement. Our attorneys work diligently to build a strong defense strategy tailored to your specific situation.

Experienced Legal Defense for Assault

Assault charges in Alabama can carry severe penalties, including jail time and long-term consequences on your record. If you or a loved one has been charged with assault, it is essential to have an experienced assault defense lawyer on your side. At JB Brown Criminal Trial Practice, we aggressively defend individuals accused of assault to protect their rights and future. 

Understanding Assault Charges in Alabama 

Alabama law classifies assault into three degrees, each with varying severity and penalties: ​

First-Degree Assault (Ala. Code § 13A-6-20) ​

A Class B felony, first-degree assault involves: 

• Intentionally causing serious physical injury using a deadly weapon. 
• Acting with extreme indifference to human life, resulting in serious injury. 
• Causing injury while committing another serious felony (e.g., arson, robbery). 

Penalties: 2 to 20 years in prison and fines up to $30,000. 

Second-Degree Assault (Ala. Code § 13A-6-21)

A Class C felony, second-degree assault involves:

• Intentionally causing serious physical injury to another person.
• Causing physical injury with a deadly weapon or dangerous instrument.
• Causing physical injury to a teacher, healthcare worker, or public safety officer during their official duties.
• Causing physical injury while intending to prevent a peace officer from performing their duty.
• Recklessly causing serious physical injury with a deadly weapon while driving under the influence.

Penalties: 1 to 10 years in prison and fines up to $15,000.

Third-Degree Assault (Ala. Code § 13A-6-22)

A Class A misdemeanor, third-degree assault involves:

• Intentionally, recklessly, or negligently causing physical injury to another person.
• Causing physical injury through criminal negligence using a deadly weapon.
• Threatening someone with a deadly weapon while intending to cause fear of physical injury.

Penalties: Up to 1 year in county jail and fines up to $6,000.

Defense Strategies for Assault Cases 

At JB Brown Criminal Trial Practice, we develop a customized defense based on the specifics of your case. Common defenses include: 

• Self-Defense: Proving you acted to protect yourself or another person. 
• Lack of Intent: Demonstrating that the injury was accidental, not intentional. 
• Mistaken Identity: Challenging faulty eyewitness testimony or misidentification. 
• Violation of Constitutional Rights: Suppressing evidence obtained unlawfully. 
• Provocation: Establishing that the alleged victim initiated the altercation. 

Why Early Legal Representation is Crucial 

If charged with assault, immediate legal action is essential. Our firm works quickly to: 

• Investigate the incident and gather key evidence. 
• Interview witnesses before their recollections fade. 
• Challenge the prosecution’s case and negotiate for reduced charges. 
• Represent you in court and during all legal proceedings.