Criminal Defense
Dothan Assault and Violent Crime Defense Lawyer
Assault and violent crime charges often grow out of fast, confusing moments. What actually happened, who started it, and whether you were defending yourself all matter, and they deserve a careful look.
The short answer
Alabama grades assault by degree. Third-degree assault is generally a misdemeanor, while second- and first-degree assault are felonies that usually involve serious injury, a weapon, or a protected victim. Robbery is also a felony. Alabama law recognizes self-defense and, in many situations, does not require you to retreat before defending yourself.
- Assault in the third degree
- Generally a misdemeanor
- Assault in the first or second degree
- Felonies
- Robbery
- Always a felony; graded first through third degree
- Self-defense
- Recognized by Alabama law, including no duty to retreat in many situations
What should I do if I am charged with assault in Dothan?
If you are charged with assault in Dothan, do not contact the other person, follow every condition of your release, and talk to a criminal defense lawyer before giving any statement. Assault cases often depend on whose version of events is believed, so early steps to preserve evidence can matter a great deal.
Fights outside bars, disputes between neighbors, arguments at work, and incidents at home can all lead to assault charges. Often the police arrive after the fact and must decide quickly who to arrest. That decision is not the final word.
- Follow any bond conditions or no-contact orders exactly.
- Do not post about the incident or message anyone involved.
- Write down everything you remember while it is fresh.
- Photograph any injuries you received and save medical records.
- Make a list of witnesses and places that may have security cameras.
Video from businesses and homes is often recorded over within days or weeks, so it helps to start gathering it quickly.
How does Alabama grade assault charges?
Alabama divides assault into three degrees. The degree generally depends on the injury, whether a weapon or dangerous instrument was involved, what the person intended, and in some cases who the alleged victim was.
| Charge | General description | General classification |
|---|---|---|
| Assault in the third degree | Causing physical injury intentionally or recklessly, or with a weapon through negligence, among other situations | Misdemeanor |
| Assault in the second degree | Generally involves intent to cause serious physical injury, injury with a deadly weapon or dangerous instrument, or injury to certain protected persons such as officers, teachers, or health care workers | Felony |
| Assault in the first degree | Generally involves causing serious physical injury with a deadly weapon or dangerous instrument, or serious injury under circumstances showing extreme indifference to human life | Felony, more serious class |
The difference between “physical injury” and “serious physical injury” is often a central issue. Medical records, photographs, and testimony can be challenged, and a charge filed at one degree may not be supported by the evidence.
What other violent crimes do you handle?
Beyond assault, Dothan Law Group represents people charged with a range of violent offenses, including:
- Robbery. Theft involving force or a threat of force. Alabama grades robbery in three degrees, all felonies. First-degree robbery generally involves a deadly weapon or serious injury, or something that appears to be a weapon.
- Menacing and harassment. Threatening conduct that may not involve any physical contact.
- Weapons offenses. Including possession of a firearm by a prohibited person and firearm charges connected to other allegations.
- Domestic violence. Assault-type charges between family or household members are charged separately. See our page on domestic violence defense.
- Homicide-related charges. Including manslaughter and murder, which require immediate, careful attention.
Does Alabama have a stand-your-ground law?
Yes. In general, Alabama law allows a person to use reasonable force to defend themselves or others from what they reasonably believe is the imminent use of unlawful force. A person who is not the initial aggressor, is not engaged in unlawful activity, and is in a place where they have a right to be generally does not have a duty to retreat before using justified force.
Self-defense has limits. The force used generally has to be proportionate to the threat, and deadly force is justified only in narrower circumstances, such as a reasonable belief that someone is about to use deadly force or commit certain serious crimes. Whether you were the initial aggressor, whether you provoked the encounter, and what you knew at the time can all affect the analysis.
Alabama also provides that a person who uses justified force may be immune from prosecution. In many cases, the defense can ask the court to decide that question at a pretrial hearing, before a jury is ever involved. If the court finds the force was justified, the case may be dismissed.
Alabama-specific: In Alabama, self-defense is not only something argued at trial. In many cases the defense can ask a judge to decide at a pretrial hearing whether you are immune from prosecution because your use of force was justified.
How can an assault or violent crime charge be defended?
The defense depends on what the evidence actually shows. Common issues in Houston County assault and violent crime cases include:
- Self-defense or defense of others. Whether your actions were a justified response to a threat.
- Identity. Whether you were correctly identified, especially in chaotic situations or when the alleged victim did not know you.
- Credibility. Whether witness accounts are consistent with each other, with the physical evidence, and with video.
- The level of injury. Whether the medical evidence supports the degree of the charge.
- Intent. Whether the State can prove the mental state the charge requires.
- Police procedure. Whether statements and identifications were obtained properly.
Depending on the facts, a case may be dismissed, reduced to a lesser charge, resolved with probation, or taken to trial. We explain the realistic options at each stage so you can make informed decisions.
What are the long-term consequences of a violent crime conviction?
A violent crime conviction can affect much more than the sentence. It can limit job opportunities, professional licenses, housing, and immigration status. A felony conviction generally ends the right to possess firearms, and some convictions can make it harder to obtain custody or visitation. Because the stakes reach so far, it is worth having a lawyer review the case before you make any decision about a plea.
Why talk to Raynor Clifton about a violent crime charge?
Raynor Clifton started his career as a prosecutor with the Houston County District Attorney’s Office before moving to private practice to represent people accused of crimes. He represents clients charged with assault, aggravated assault, robbery, and other violent offenses in Dothan and across the Wiregrass. He will listen to your account, review the evidence, and explain your options clearly and privately.
Frequently asked questions
What is the difference between first, second, and third degree assault in Alabama?
The degree generally depends on how badly someone was hurt, whether a weapon or dangerous instrument was involved, the person's intent, and sometimes who the alleged victim was. Third-degree assault is generally a misdemeanor. Second- and first-degree assault are felonies with much higher sentencing ranges.
Does Alabama have a stand-your-ground law?
Yes. In general, Alabama law says a person who is not the aggressor, is not engaged in unlawful activity, and is in a place they have a right to be does not have to retreat before using justified force. The details are fact-specific, and self-defense claims are often decided at a pretrial hearing.
Can I be charged with assault if I was defending myself?
Yes, you can be arrested and charged even if you acted in self-defense. Officers often make quick decisions at the scene. Self-defense is a legal defense that your lawyer can raise, and in some cases it may lead to dismissal before trial.
Can the alleged victim drop assault charges?
No. Once charges are filed, only the prosecutor or the court can dismiss the case. The alleged victim's wishes may be considered, but they do not control the outcome. You should not contact the alleged victim about the case, especially if there is a no-contact order.
What is the difference between robbery and theft in Alabama?
Robbery is theft that involves force or the threat of force against a person. Because of that use or threat of force, robbery is always a felony in Alabama, and first-degree robbery, which generally involves a weapon or serious injury, is among the most serious felony classes.
Will an assault charge affect my right to own a gun?
It can. A felony conviction generally prohibits firearm possession, and a domestic violence conviction can trigger federal firearm restrictions even when it is a misdemeanor. Protective orders can also carry firearm restrictions. A lawyer can explain how your charge may affect your rights.
