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Alabama - United States
Assault Defined in Alabama Criminal Code
1st, 2nd - Aggravated Assault.
3rd Degree - Simple.
Section 13A-6-20 Assault in the first degree.
(a) A person commits the crime of
assault in the first degree if:
- With intent to cause serious physical injury to another
person, he causes serious physical injury to any person by means of a deadly
weapon or a dangerous instrument; or
- With intent to disfigure another person seriously and
permanently, or to destroy, amputate or disable permanently a member or organ
of his body, he causes such an injury to any person; or
- Under circumstances manifesting extreme
indifference to the value of human life, he recklessly engages in
conduct which creates a grave risk of death to another person, and thereby
causes serious physical injury to any person; or
- In the course of and in furtherance of the commission or
attempted commission of arson in the first degree, burglary in the first or
second degree, escape in the first degree, kidnapping in the first degree, rape
in the first degree, robbery in any degree, sodomy in the first degree or any
other felony clearly dangerous to human life, or of immediate
flight therefrom, he causes a serious physical injury to another person;
or
- While driving under the influence of alcohol or a controlled
substance or any combination thereof in violation of Section 32-5A-191 he
causes serious bodily injury to the person of another with a motor vehicle.
(b) Assault in the first degree is a Class B
felony. (Acts 1977, No. 607, p. 812, §2101; Acts 1987,
No. 87-712, p. 1259.)
Section 13A-6-21 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:
- With intent to cause serious physical injury to another
person, he or she causes serious physical injury to any person.
- 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.
- He or she recklessly causes serious physical injury to
another person by means of a deadly weapon or a dangerous instrument.
- 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.
- 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.
- 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.
- 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. (Acts
1977, No. 607, p. 812, §2102; Acts 1994, 1st Ex. Sess., No. 94-794,
§1; Acts 1996, No. 96-533, p. 744, §1; Act 2006-565, §1.)
Section 13A-6-22 Assault in the third degree.
(a) A person commits the crime of
assault in the third degree if:
- With intent to cause physical injury to another person, he
causes physical injury to any person; or
- He recklessly causes physical injury to another person;
or
- With criminal negligence he causes physical
injury to another person by means of a deadly weapon or a dangerous instrument;
or
- With intent to prevent a peace officer from performing a
lawful duty, he causes physical injury to any person.
(b) Assault in the third degree is a Class A
misdemeanor. (Acts 1977, No. 607, p. 812, §2103.)
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