Facing the Consequences of an Assault Charge

An assault charge in Birmingham, Alabama, is a serious allegation that can stem from a wide range of situations—a bar fight, a heated argument that turned physical, or a misunderstanding. Regardless of the circumstances, a conviction for assault can lead to severe penalties, including jail or prison time, substantial fines, probation, and a permanent criminal record that can hinder your ability to find a job or pass a background check. The prosecution will work diligently to secure a conviction, and you need a defense attorney who will work even harder to protect you.

At Mark Bishop Turner Attorney At Law, we have extensive experience defending clients against all levels of assault charges. We understand that there are two sides to every story, and we are here to make sure yours is heard loud and clear. We meticulously analyze the evidence, challenge the prosecution’s narrative, and explore every available legal defense. Our primary goal is to protect your freedom, preserve your reputation, and minimize the impact of these charges on your life.

Understanding Assault Charges in Alabama
Alabama law categorizes assault into three degrees, based on the severity of the injury, the defendant’s intent, and whether a weapon was used.

• Assault in the Third Degree (Class A Misdemeanor): This is the most common assault charge. A person commits third-degree assault if they:
  • Intentionally cause physical injury to another person.
  • Recklessly cause physical injury to another person.
  • Cause physical injury to another person with a deadly weapon out of criminal negligence.
  • Cause physical injury to a teacher or healthcare worker while they are performing their duties.
    A conviction can result in up to one year in jail and a fine of up to $6,000.
• Assault in the Second Degree (Class C Felony): This is a more serious charge. A person commits second-degree assault if they:
  • Intentionally cause serious physical injury to another person.
  • Recklessly cause serious physical injury to another person with a deadly weapon or dangerous instrument.
  • Intentionally cause physical injury to another person by means of a deadly weapon or dangerous instrument.
  • Intentionally cause another person to be drugged without their consent.
    A conviction carries a sentence of one to ten years in prison and a fine of up to $15,000.
• Assault in the First Degree (Class B Felony): This is the most severe assault charge. A person commits first-degree assault if they:
  • Cause serious physical injury to another person by means of a deadly weapon or dangerous instrument.
  • Cause serious physical injury to another while driving under the influence (vehicular assault).
  • Cause serious physical injury to another while showing “extreme indifference to the value of human life.”
    A conviction carries a sentence of two to twenty years in prison and a fine of up to $30,000.

Key Legal Concepts in Assault Cases
To convict you, the prosecution must prove specific elements, including your state of mind (“intent,” “recklessness,” or “criminal negligence”) and the level of injury (“physical injury” vs. “serious physical injury”). These distinctions are critical and are often where a strong defense can be mounted. “Serious physical injury” is defined as an injury that creates a substantial risk of death, or that causes serious disfigurement, impairment of health, or loss of function of any bodily organ.

Crafting a Strategic Defense to Assault Charges
When you hire Mark Bishop Turner, we immediately begin a comprehensive investigation into your case. We do not simply accept the police report as fact. Our defense strategies include:

• Self-Defense: This is one of the most common and powerful defenses to an assault charge. Alabama law allows you to use reasonable physical force to protect yourself from what you reasonably believe to be the use or imminent use of unlawful physical force by another person. We will gather evidence to show that you were not the aggressor and that your actions were justified.
• Defense of Others: Similar to self-defense, you are permitted to use reasonable force to protect another person from being assaulted.
• Lack of Intent: The prosecution must prove your mental state. We may be able to argue that you did not intend to cause harm and that any injury was accidental or the result of recklessness, potentially leading to a reduction in charges.
• Misidentification: Eyewitness testimony can be unreliable, especially in chaotic situations like a bar fight. We will challenge the identification process and present evidence that you were not the person who committed the assault, such as an alibi.
• Factual Disputes and Credibility: We will meticulously cross-examine the alleged victim and any other witnesses to expose inconsistencies, contradictions, and potential motives to lie. We will highlight any evidence that contradicts the prosecution’s version of events.

Contact a Birmingham Assault Defense Lawyer Today
If you are facing an assault charge, do not make the mistake of trying to explain yourself to the police or hoping the situation will simply go away. It won’t. You need to secure skilled legal representation immediately. Mark Bishop Turner is ready to stand up and fight for you. We will work to get your charges reduced or dismissed and will be fully prepared to defend you at trial if necessary.

Contact Mark Bishop Turner Attorney At Law today for a free, confidential consultation to discuss your case and learn how we can help protect your future.