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DCrane Law
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In Alabama, what is the difference between 2nd degree assault

Resolved Question:

In Alabama, what is the difference between 2nd degree assault & 3rd degree assault - I read the criminal code, but not clear on all the differences.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  DCrane Law replied 6 years ago.
Thank you for the post, aside from the difference in whom is the victim of the assault making it a second or third degree, the difference is whether one acts with negligence or recklessness. If one acts with recklessness, that is they intended the action but not necessarily the consequence, that it is second degree If the person did not intend the act or the consequence, it would be third degree.
Customer: replied 6 years ago.

"intended the action"? does the prosecutor have to show that it was planned?


Expert:  DCrane Law replied 6 years ago.
not necessarily, the prosecutor must only show that the action was intended. For example, if I intend to throw a hammer but do not intend on it striking you, if it strikes you I could be charged with second degree since I intended the act of throwing the hammer.
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