In Alabama, the crime of assault second can be committed in seven different ways. No matter how the crime is committed, it's a class C felony, which means the punishment is from 2 to 20 years in prison.
If you'd like to read the actual statute, it is Code of Alabama 13A-6-21.
The first and most common version of this crime is when somebody has the intent to cause serious physical injury to another person and they cause serious physical injury to anyone. It doesn't matter if the person injured was the intended victim. Under Alabama law, the intent transfers to another victim. In other words, if Mo wanted to cause serious physical injury to Larry by beating him up but he confused Larry with his brother Harry and beat up Harry, Mo would still be guilty of assault second. This is referred to as the law of "transferred intent".
Similarly, if Mo picks up a crowbar and swings at Larry and Harry ducks and the crowbar strikes Harry causing him a slight injury, Moe would be guilty of assault second. One version of assault second means that somebody, with the intent to cause physical injury to another person, causes physical injury to any person by means of a deadly weapon or dangerous instrument.
Let's suppose that Mo throws a lit M 80 firecracker through the open window of Harry's trailer. Harry thinks it's a stick of dynamite and he picks it up to throw it back out the window but it blows off part of his hand seriously injuring him. He would be guilty because under this version of assault, second, a person is guilty. If they cause serious injury to another person by means of a deadly weapon or a dangerous instrument.
Now, let's suppose a police officer comes to arrest Mo for his previous crimes. Moe's brother, Little Joe swings at the officer with the intent to cause physical injury to the officer so as to prevent him from arresting Mo. Joe has crummy aim and he misses the officer and strikes Mo on the side of the head. As a result of the blow, Moe has a small injury to the side of his head.
Joe would be guilty of assault in the second. This is because Alabama law protects certain public officials from being assaulted during the performance of their duties and, if anyone is injured during the attempt would be just as guilty as if they struck the officer. If the person committing the assault had an intent to cause physical injury it would be the felony crime of assault second. These protections are afforded to police officers and other public officials during the performance of their duties.
Alabama treats intentional assaults against individuals engaged in certain professions differently than other types of intentional assaults.
For example, an assault against, a nurse, doctor, a healthcare worker, teacher, a utility worker, or individuals in certain professions are treated more seriously if it occurs while they are in the performance of their jobs. So if a person intends to punch his doctor in the face and does so while the doctor is treating him, that assault would be a felony assault because the person intended to commit the crime and it occurred against the doctor while he was performing his duties. Now if the doctor was having an affair with another man's wife and the man intentionally punched the doctor in the nose-after the doctor had left work- there would still be an assault against the doctor but it would not be a felony since it did not occur while the doctor was performing his responsibilities. The doctrine of "transferred intent" still apples here meaning that if "Pete the patient" intended to strike a doctor while the doctor was performing his duties and "Pete the patient" missed and struck a different patient, the crime would still be assault second.
The last form of assault in the second occurs when somebody, other than for purposes of lawful medical or therapeutic treatment, does something that intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to them, without their consent, a drug. If Mo thinks it would be very funny to spike Joe's soda with a drug and as a result, Joe passes out, Moe would be guilty of this version of assault, second.
No matter what version of assault second somebody is accused of, it's serious crime and they need to get the best legal representation they can.
If you are accused of this (or any other crime) and you'd like our help, just give us a call here: