Understanding Assault Charges in Alabama

Posted by Steven Eversole | Sep 07, 2016 | 0 Comments

According to The News Courier, a Madison, Alabama man that was arrested in Limestone County reportedly assaulted two deputies; damaged two police patrol cars; cursed at sheriff and ambulance workers; and tried to spit blood at doctors and nurses. Police had originally been dispatched to the suspect's home to investigate a possible fight. When police arrived, the suspect was attempting to flee in a vehicle but stopped after seeing police emergency lights. The responding deputy handcuffed the suspect and asked him whether or not he had been drinking, to which the suspect replied he had drunk a pint. While searching the suspect's wallet for identification, the deputy found a white powdery substance in a plastic bag. The suspect identified the substance as cocaine, admitting he shoots it up. The deputy entered the house where the fight had allegedly taken place and found drug paraphernalia in plain view.

After telling the suspect that he was under arrest, the suspect became uncontrollably angry and began kicking the door and window of the police car. The suspect bent the door of the police car, and when the deputy opened the door to prevent the suspect from causing further damage to the glass in the window, the suspect spat in the deputy's face and kicked a flashlight out of the deputy's hand before proceeding to kick the deputy in the face. The deputy called for backup and managed to hold the suspect down while the suspect repeatedly attempted to break free and repeatedly slammed his head into the concrete. When another deputy arrived, the two law enforcement officers were able to restrain the man to prevent him from injuring himself any further.

When emergency medical personnel arrived, the suspect was uncooperative and refused treatment. Deputies placed a spit mask on the suspect and attempted to place him in the back seat of another patrol car when he kicked the door in an attempt to break the glass and ended up bending the door frame. Once inside the car, the suspect told police he would not go to jail but was instead going to the hospital. He began to beat his head against the metal cage that separates suspect in the back seat from police in the front seat. When the suspect made it to the hospital, he cursed at medical staff repeatedly and attempted to spit blood at them. Eventually he was treated and released into police custody where he was fitted with a suicide smock to prevent him from injuring himself or others.

Assault Charges

Assault generally occurs when a person recklessly or intentionally causes physical injury to another. In Alabama, an assault can be either a misdemeanor crime or a felony depending on the circumstances involved. Felony assault charges, specifically those that take place with the use of a deadly weapon, carry serious potential consequences if a person is convicted. Penalties for assault range from community service and probation to potential sentences of 20 years and fines up to $30,000 depending on the level and degree of the alleged assault.

Contact a Criminal Defense Attorney

The potential penalties for assault are serious and can carry lifelong consequences. If you are facing assault charges, you should speak with a criminal defense attorney that has experience working with assault charges in Alabama. Contact Eversole Law to schedule a consultation about the circumstances surrounding assault charges you may be facing, or any related criminal charges stemming from an assault.

About the Author

Steven Eversole

J.D., Samford University's Cumberland School of Law, Birmingham, Alabama B.A., University of Alabama, Tuscaloosa, Alabama

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