What Is Assault and Battery?
What Is Assault and Battery?
Most people have heard the term “assault and battery,” though there is often confusion regarding what exactly this term means. First, the term can refer to a civil cause of action, which means people injured by assault and battery can file an injury lawsuit in civil court. However, the term is also regularly used in the criminal context to describe an unlawful violent offense.
The following is a brief overview of what assault and battery might refer to in criminal court in Alabama. If you would like to discuss specific criminal allegations, contact the office of Montgomery criminal defense attorney Matt Matthews directly as soon as possible.
Alabama Assault Charges
Assault and battery are two different concepts, despite being discussed together on a regular basis. Put very simply, assault refers to the threat or attempt to injure someone, and battery refers to unwanted physical contact or causing injuries.
Alabama is one state that does not have a criminal law addressing the act of battery. Instead, the only related law is the crime of assault, which serves to criminalize conduct that is considered to be either assault or battery. There are different degrees of assault charges, each with its own elements and possible penalties.
Third-Degree Assault
Third-degree assault is the most minor type of assault charge, though it is still a serious offense. This can be charged if you:
● Intentionally cause injuries to someone else
● Recklessly cause injuries to someone else
● Cause injuries while using a weapon with criminal negligence
● Cause injuries while resisting arrest
This is a Class A misdemeanor charge, which can mean up to one year in jail and fines up to $6,000 if you are convicted.
Second-Degree Assault
The next level of assault applies to the following conduct:
● Intentionally causing serious injuries
● Intentionally causing any injuries with a weapon
● Recklessly causing serious injuries with a weapon
● Intentionally causing injuries while resisting arrest
● Causing injuries while attempting to hurt a teacher or healthcare worker performing their duties
● Drugging another person without their consent with no medical need
This is a Class C felony, which can mean a minimum of one year and one day in prison and up to ten years of imprisonment, along with a $15,000 fine.
First-Degree Assault
The most serious assault charge can stem from any of the following:
● Intentionally causing serious injuries with a weapon
● Causing injury when intending to disfigure someone
● Causing serious injuries from engaging in reckless conduct that shows am extreme indifference to the value of human life
● Causing serious injuries while engaging in certain felony offenses
● Causing serious injuries while driving under the influence of alcohol or drugs
This is a Class B felony and can mean two years minimum and up to 20 years in prison, as well as fines up to $30,000.
Contact a Montgomery Criminal Defense Lawyer for More Information
While assault and battery might be a confusing issue, one thing is clear—assault charges come with very serious penalties. The Law Office of Richard F. Matthews, Jr. defends against assault charges, and we can help. To speak with a Montgomery criminal defense attorney, please contact us online or call 334-398-8408 right away.
No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
The Law Office of Richard F. Matthews, Jr. serves Montgomery County, Pike County, Elmore County, Autauga County, the River Region of Alabama and throughout the State of Alabama, including Montgomery, Troy, Wetumpka Prattville, Selma and Tuskegee. No attorney-client relationship is established by requesting a consultation or emailing Attorney Richard F. Matthews, Jr.. Information submitted in such communication is not privileged and may be subject to disclosure.
