Second Degree Domestic Violence: Assault 2nd Alabama

By: Whitney Polson and Mark Polson Bringing Over 60 Collective Years of Aggressive Criminal Defense Experience to the Table

Certain different types of conduct for a Domestic Violence 2nd crime may be punished as a Class C felony and others as a Class B felony. Strangulation or suffocation brings harsher minimum mandatory punishment than for assault in the 2nd degree, which is sentenced under Class C guidelines. This page deals with second degree assault.

By comparison, when certain deadly conduct toward another related party or potentially maiming DV acts occur, the first degree domestic violence law can bring up to 99 years in state prison.

Criminal Domestic Violence Second Degree: Potential Incarceration

For a first-time offender, all the sentence can be served on a probated sentence if the Judge orders that sentence, but not so for repeat offenders. As with the other classes of AL domestic violence, misdemeanor or felony, repeat convictions call for a minimum prison sentence of six (6) months for a subsequent 2nd degree domestic violence conviction.

Statutory Language for Second Degree Domestic Violence by Assault

Alabama Code Section 13A-6-21 of the AL criminal code is entitled "Assault in the Second Degree," and reads as follows:

1. 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, a detention or correctional officer at any municipal or county jail or state penitentiary, emergency medical personnel, a utility worker, 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. For the purpose of this subdivision, a person who is a peace officer who is employed or under contract while off duty by a private or public entity is a peace officer performing a lawful duty when the person is working in his or her approved uniform while off duty with the approval of his or her employing law enforcement agency. Provided, however, that nothing contained herein shall be deemed or construed as amending, modifying, or extending the classification of a peace officer as off-duty for workers compensation purposes or any other benefits to which a peace officer may otherwise be entitled to under law when considered on-duty. Additionally, nothing contained herein shall be deemed or construed as amending, modifying, or extending the tort liability of any municipality as a result of any action or inaction on the part of an off-duty police officer.
   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.
2. Assault in the second degree is a Class C felony.
3. For the purposes of this section, utility worker means any person who is employed by an entity that owns, operates, leases, or controls any plant, property, or facility for the generation, transmission, manufacture, production, supply, distribution, sale, storage, conveyance, delivery, or furnishing to or for the public of electricity, natural or manufactured gas, water, steam, sewage, or telephone service, including two or more utilities rendering joint service.

Time is of the essence in DV cases, so call our Birmingham criminal lawyers 24 hours a day. Once an arrest order is given, delaying an arrest is a waste of time. Our lawyers near me try to manage this process by proactively seeking a bond being posted. The sooner an experienced DV lawyer is retained for your criminal case, the greater the chances that you can avoid sitting behind bars.

At a minimum, a criminal defense attorney near me can help reduce potential domestic violence punishments. The lasting impact of a DV conviction on your life and the future of your loved ones cannot be overstated.

Call today to our law firm for a FREE lawyer consultation. Dial our attorneys nearby at 205-871-8838 or (205) 401-3171 after normal business hours or text us for a domestic violence FREE consultation at (205) 401-3171.