Assault

When assault is committed against a family or household member, the charge is automatically elevated to domestic violence with enhanced penalties and a lifetime federal firearms prohibition. Third-degree assault against a spouse becomes DV in the third degree , a Class A misdemeanor that escalates to a Class C felony on a third conviction. First-degree assault against a spouse becomes DV in the first degree , a Class A felony carrying 10 to 99 years or life.

Menacing is a criminal offense under § 13A-6-23, classified within the same chapter as first, second, and third-degree assault. A person commits menacing when they intentionally use physical action to place another person in fear of imminent serious physical injury. Menacing is a Class B misdemeanor carrying up to 6 months in jail and a $3,000 fine.

The key distinction from assault is that menacing does not require actual physical contact or injury. A raised fist, an aggressive charge toward someone, or cornering a person in a threatening way can all support a menacing charge , even if no one is touched. Because menacing falls under the same chapter as assault offenses, prosecutors often file both charges from the same incident. When menacing is directed at a family or household member, the charge becomes domestic violence in the third degree under § 13A-6-132.

Assault charges do not exist in isolation. Depending on the circumstances, what starts as an assault charge can escalate significantly:

• If the assault results in a death, the charge escalates to manslaughter (Class B felony, 2–20 years) or murder (Class A felony, 10–99 years or life)
• If the assault involves a family member, the charge becomes domestic violence with mandatory minimums on repeat offenses and a lifetime federal firearms prohibition under 18 U.S.C. § 922(g)(9)
• If the assault is accompanied by a threat to commit violence, a separate terroristic threats charge may be added
• If the assault involves repeated unwanted contact or threats, harassment or stalking charges may be filed alongside

Understanding the full scope of potential charges from the outset is critical to building an effective defense.

At JB Brown Criminal Trial Practice, we evaluate every available defense from the moment you retain us and build a strategy around the specific facts of your case.

Self-Defense and Stand Your Ground

Alabama's Stand Your Ground law (§ 13A-3-23) provides that a person who is not engaged in unlawful activity and is in a place where they have a right to be has no duty to retreat before using reasonable force, including deadly force, in self-defense. A successful self-defense claim results in complete acquittal. Many assault cases involve situations where both parties were involved in a confrontation and determining who was the aggressor and who was defending themselves is often the central factual dispute.

Challenging Witness Credibility

Assault cases are driven by emotion, confusion, and conflicting accounts. Eyewitness testimony is often unreliable , memories are affected by stress, adrenaline, and the chaos of the incident. We examine every witness statement for inconsistencies, contradictions, and motivations to exaggerate. When surveillance footage, body camera recordings, or bystander video exists, we obtain and analyze it to challenge the state's version of events.

Lack of Intent

First and second-degree assault require proof of intentional conduct. Accidental contact, mutual confrontations, and situations where the defendant did not intend to cause injury may not meet the legal definition. Third-degree assault can also be charged for reckless conduct , but the state must prove the defendant consciously disregarded a substantial and unjustifiable risk, not merely that an injury occurred.

Challenging the Severity of Injury

The distinction between assault degrees often turns on whether the injury qualifies as "serious physical injury" under § 13A-1-2(14) , defined as physical injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in protracted loss or impairment of a body part or organ. If the injury does not meet this threshold, a first-degree charge may be reduced to second or third degree.

Constitutional Violations

If the arrest was made without probable cause, or if evidence was obtained through an unlawful search or an interrogation conducted without proper Miranda warnings, we move to suppress that evidence.

Our attorneys have defended assault, violent crime, and homicide cases at every stage in Birmingham, Huntsville, Mobile, and across Alabama. For information on clearing your record, visit our expungement page.