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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 3471
Experience:  Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
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I would like to know the consequences for 2nd degree assault

Customer Question

I would like to know the consequences for 2nd degree assault in the state of alabama the person is 21 without any prior record
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Michael J, Esq. replied 8 years ago.
Hello -

Thank you for contacting JustAnswer.

Assault in the Second Degree is a Class C Felony in Alabama.

Minimum Jail Time: 1 year and 1 day
Maximum Jail Time: 10 years
May include: A fine not to exceed $5000.00

If my answer was helpful, please click ACCEPT so I may be compensated for my time. If you are not satisfied with the answer, please feel free not to ACCEPT, and post a follow up question so I may be able to clarify my Answer. My main goal is to provide an outstanding answer - so give me a chance.

Regards,

Michael
Customer: replied 8 years ago.
My question stated a class B felony 2nd degree assault. I am sure class c and b felonies vary somewhat. Thank you.
Expert:  Michael J, Esq. replied 8 years ago.
Here is the question I recieved "I would like to know the consequences for 2nd degree assault in the state of alabama the person is 21 without any prior record"

2nd Degree Assault is a Class C Felony, not class B.

Regards,

Michael
Expert:  Michael J, Esq. replied 8 years ago.
Here is a copy of the revevant Alabama statute for your validation.

Assault in the second degree.

(a) A person commits the crime of assault in the second degree if the person does any of the following:

(1) With intent to cause serious physical injury to another person, he or she causes serious physical injury to any person.

(2) With intent to cause physical injury to another person, he or she causes physical injury to any person by means of a deadly weapon or a dangerous instrument.

(3) He or she recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument.

(4) With intent to prevent a peace officer, as defined in Section 36-21-60, or emergency medical personnel or a firefighter from performing a lawful duty, he or she intends to cause physical injury and he or she causes physical injury to any person.

(5) With intent to cause physical injury to a teacher or to an employee of a public educational institution during or as a result of the performance of his or her duty, he or she causes physical injury to any person.

(6) With intent to cause physical injury to a health care worker, including a nurse, physician, technician, or any other person employed by or practicing at a hospital as defined in Section 22-21-20; a county or district health department; a long-term care facility; or a physician's office, clinic, or outpatient treatment facility during the course of or as a result of the performance of the duties of the health care worker or other person employed by or practicing at the hospital; the county or district health department; any health care facility owned or operated by the State of Alabama; the long-term care facility; or the physician's office, clinic, or outpatient treatment facility; he or she causes physical injury to any person. This subdivision shall not apply to assaults by patients who are impaired by medication or to assaults on home health care workers while they are in private residences.

(7) For a purpose other than lawful medical or therapeutic treatment, he or she intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him or her, without his or her consent, a drug, substance or preparation capable of producing the intended harm.

(b) Assault in the second degree is a Class C felony.

Expert:  Michael J, Esq. replied 8 years ago.
Hope this helps. Good luck and take care.

If my answer was helpful, please click ACCEPT so I may be compensated for my time. If you are not satisfied with the answer, please feel free not to ACCEPT, and post a follow up question so I may be able to clarify my Answer. My main goal is to provide an outstanding answer - so give me a chance.

Regards,

Michael