Alabama Assault

ALABAMA CRIMINAL DEFENSE

YOU DON'T NEED AN ATTORNEY TO TELL YOU THE CONSEQUENCES OF BEING ACCUSED OF A CRIME ARE SERIOUS! Prison!

What you do need is an attorney that will represent you zealously and is both knowledgeable of the law and the courts where you are charged. You want EXPERIENCE. You want an attorney with the demeanor and ability to represent your best interest. An attorney that will communicate with you, one you can talk to and ask questions so you know what is going on at all times.

I have years of experience as a criminal defense attorney and working in the court rooms with prosecutors and judges in Alabama. I have years of jury trial experience and am not afraid of going to trial to seek the innocence of a client. I keep my clients aware of circumstances surrounding their case.

WHAT DOES A FELONY OR MISDEMEANOR CHARGE MEAN?

A felony charge carries a term of a year and a day in prison or more, depending on whether the charge is a Class A, B, or C. A misdemeanor charge carries up to a year in the county jail.

FOR MORE INFORMATION, CONTACT ME.

ALABAMA ASSAULT

1 ^ST Degree Assault: (CLASS B FELONY) Intending serious physical injury to another person using a deadly weapon or dangerous instrument; or intentionally causing a person to be disfigured seriously and permanently; or with extreme indifference to the value of human life, recklessly engaging in conduct creating a grave risk of death to another person, and causing serious physical injury to a person; or while committing 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, causing serious physical injury to another person; or while driving under the influence of alcohol or a controlled substance or any combination causing serious bodily injury to another with a motor vehicle

2 ^ND Degree Assault: (CLASS C FELONY) Intentionally causing serious physical injury to another person, actions result in serious physical injury to any person. (2) With intent to cause physical injury to another person, actions result in 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.

3 ^RD Degree Assault : (CLASS A MISDEMEANOR)
Intentionally or recklessly causing physical injury to a person; or with criminal negligence causing physical injury to another person by means of a deadly weapon or dangerous instrument.

BURGLARY

1 ^ST Degree Burglary : (CLASS A FELONY) knowingly and unlawfully entering or remaining unlawfully in a dwelling with intent to commit a crime therein, and, if, in effecting entry or while in dwelling or in immediate flight therefrom, he or another participant in the crime: (1) Is armed with explosives or a deadly weapon; or (2) Causes physical injury to any person who is not a participant in the crime; or (3) Uses or threatens the immediate use of a dangerous instrument.

2 ^ND Degree Burglary : (CLASS B FELONY) knowingly enters or remains unlawfully in a building with intent to commit theft or a felony therein and, if in effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime: (1) Is armed with explosives or a deadly weapon; or (2) Causes physical injury to any person who is not a participant in the crime; or (3) Uses or threatens the immediate use of a dangerous instrument. In the alternative, unlawfully entering a lawfully occupied dwelling-house with intent to commit a theft or a felony therein.

3 ^RD Degree Burglary : (CLASS C FELONY ) knowingly entering or remaining unlawfully in a building with intent to commit a crime therein.

Possession of Burglar's Tools : (CLASS C FELONY) possessing any explosive, tool, instrument or other article adapted, designed or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking; and intending to use the thing possessed in the commission of an offense of the nature of a burglary. (Could include a screwdriver).

1 ^ST Degree Criminal Trespass : (CLASS A MISDEMEANOR) knowingly enters or remains unlawfully in a dwelling.

2 ^ND Degree Criminal Trespass : (CLASS C MISDEMEANOR) knowingly enters or remains unlawfully in a building or upon real property which is fenced or enclosed in a manner designed to exclude intruders.

3 ^RD Degree Criminal Trespass : (VIOLATION) knowingly enters or remains unlawfully in or upon premises.

ALABAMA DRUG OFFENSES

Distribution : (CLASS B FELONY) except as authorized, selling, furnishing, giving away, delivering or distributing a controlled substance.

Possession : (CLASS C FELONY) except as authorized, possessing a controlled substance; obtaining a controlled substance by fraud, deceit or by concealment of a material fact or by using a false name or giving a false address.

1 ^ST Degree Possession Marijuana : (CLASS C FELONY) possessing marijuana for other than personal use; or possessing marijuana for personal use after having been previously convicted of marijuana in the 2 ^ND degree or unlawful possession of marijuana for personal use only.

2 ^ND Degree Possession of Marijuana : (CLASS A MISDEMEANOR) possession of marijuana for personal use only.

ALABAMA DRUG TRAFFICKING

TRAFFICKING : Trafficking in cannabis, cocaine, etc.; mandatory minimum terms of imprisonment ; and subject to the habitual offender act.

A person knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of one kilo or 2.2 pounds of any part of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin including the completely defoliated mature stalks of the plant, fiber produced from the stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination is guilty of a felony, which felony shall be known as "trafficking in cannabis." If the quantity of cannabis involved:

a. Is in excess of one kilo or 2.2 pounds, but less than 100 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of twenty-five thousand dollars ($25,000).

b. Is 100 pounds or more, but less than 500 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of fifty thousand dollars ($50,000).

c. Is 500 pounds or more, but less than 1,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred thousand dollars ($200,000).

d. Is 1,000 pounds or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.

(2) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine or of any mixture containing cocaine, described in Section 20-2-25(1), is guilty of a felony, which felony shall be known as "trafficking in cocaine." If the quantity involved:

a. Is 28 grams or more, but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).

b. Is 500 grams or more, but less than one kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).

c. Is one kilo, but less than 10 kilos, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).

d. Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.

(3) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, four grams or more of any morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Section 20-2-23(2) or Section 20-2-25(1)a., or four grams or more of any mixture containing any such substance, is guilty of a felony, which felony shall be known as "trafficking in illegal drugs." If the quantity involved:

a. Is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).

b. Is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 10 calendar years and to pay a fine of one hundred thousand dollars ($100,000).

c. Is 28 grams or more, but less than 56 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and to pay a fine of five hundred thousand dollars ($500,000).

d. Is 56 grams or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.

(4) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of 1,000 or more pills or capsules of methaqualone, as described in Section 20-2-1, et seq., is guilty of a felony, which felony shall be known as "trafficking in illegal drugs." If the quantity involved:

a. Is 1,000 pills or capsules, but less than 5,000 pills or capsules, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and pay a fine of fifty thousand dollars ($50,000).

b. Is 5,000 capsules or more, but less than 25,000 capsules, that person shall be imprisoned to a mandatory minimum term of imprisonment of 10 calendar years and pay a fine of one hundred thousand dollars ($100,000).

c. Is 25,000 pills or more, but less than 100,000 pills or capsules, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of five hundred thousand dollars ($500,000).

d. Is 100,000 capsules or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.

(5) Any person who knowingly sells, manufactures, delivers or brings into this state, or who is knowingly in actual or constructive possession of 500 or more pills or capsules of hydromorphone as is described in Section 20-2-1, et seq., is guilty of a felony which shall be known as "trafficking in illegal drugs." If the quantity involved:

a. Is 500 pills or capsules or more but less than 1,000 pills or capsules, the person shall be sentenced to a mandatory term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).

b. Is 1,000 pills or capsules or more, but less than 4,000 pills or capsules, the person shall be sentenced to a mandatory term of imprisonment of 10 calendar years and to pay a fine of one hundred thousand dollars ($100,000).

c. Is 4,000 pills or capsules or more but less than 10,000 pills or capsules, the person shall be sentenced to a mandatory term of imprisonment of 25 calendar years and to pay a fine of one hundred thousand dollars ($100,000).

d. Is more than 10,000 pills or capsules, the person shall be sentenced to a mandatory term of life in prison without parole.

(6) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine, is guilty of a felony, which felony shall be known as "trafficking in illegal drugs." If the quantity involved:

d. Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.

(7) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of 5-methoxy-3, 4-methylenedioxy amphetamine, or of any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine is guilty of a felony, which felony shall be known as "trafficking in illegal drugs" if the quantity involved:

d. Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.

(8) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, four grams or more of phencyclidine, or any mixture containing phencyclidine, is guilty of a felony, which felony shall be known as "trafficking in illegal drugs." If the quantity involved:

b. Is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).

c. Is 28 grams or more, but less than 56 grams, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).

d. Is 56 grams or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.

(9) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, four grams or more of lysergic acid diethylamide, of four grams or more of any mixture containing lysergic acid diethylamide, is guilty of a felony, which felony shall be known as "trafficking in illegal drugs." If the quantity involved:

d. Is 56 grams or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.

(10) Any person who knowingly sells, manufactures, delivers or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of amphetamine or any mixture containing amphetamine, its salt, optical isomer, or salt of its optical isomer thereof, is guilty of a felony, which felony shall be known as "trafficking in amphetamine." If the quantity involved:

a. Is 28 grams or more but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).

c. Is one kilo but less than 10 kilos, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).

d. Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.

(11) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of methamphetamine or any mixture containing methamphetamine, its salts, optical isomers, or salt of its optical isomers thereof, is guilty of a felony, which felony shall be known as "trafficking in methamphetamine." If the quantity involved:

d. Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.

(12) The felonies of "trafficking in cannabis," "trafficking in cocaine," "trafficking in illegal drugs," "trafficking in amphetamine," and "trafficking in methamphetamine" as defined in subdivisions (1) through (11), above, shall be treated as Class A felonies for purposes of Title 13A, including sentencing under Section 13A-5-9. Provided, however, that the sentence of imprisonment for a defendant with one or more prior felony convictions who violates subdivisions (1) through (11) of this section shall be the sentence provided therein, or the sentence provided under Section 13A-5-9, whichever is greater. Provided further, that the fine for a defendant with one or more prior felony convictions who violates subdivisions (1) through (11) of this section shall be the fine provided therein, or the fine provided under Section 13A-5-9, whichever is greater.

(13) Notwithstanding any provision of law to the contrary, any person who has possession of a firearm during the commission of any act proscribed by this section shall be punished by a term of imprisonment of five calendar years which shall be in addition to, and not in lieu of, the punishment otherwise provided, and a fine of twenty-five thousand dollars ($25,000); the court shall not suspend the five-year additional sentence of the person or give the person a probationary sentence.

Additional penalty if unlawful sale on or near school campus.

In addition to any penalties heretofore or hereafter provided by law for any person convicted of an unlawful sale of a controlled substance, there is hereby imposed a penalty of five years incarceration in a state corrections facility with no provision for probation if the situs of such unlawful sale was on the campus or within a three-mile radius of the campus boundaries of any public or private school, college, university or other educational institution in this state.

Additional penalty for unlawful sale within three-mile radius of public housing project.

In addition to any penalties heretofore or hereafter provided by law for any person convicted of an unlawful sale of a controlled substance, there is hereby imposed a penalty of five years incarceration in a state corrections facility with no provision for probation if the situs of such unlawful sale was within a three-mile radius of a public housing project owned by a housing authority.

ALABAMA SEX OFFENSES

1 ^ST Degree Rape : (Class A Felony) engaging in sexual intercourse with a member of the opposite sex by forcible compulsion; or engaging in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being physically helpless or mentally incapacitated; or being 16 years or older, engaging in sexual intercourse with a member of the opposite sex who is less than 12 years old.

2 ^ND Degree Rape : (Class B Felony) a person 16 years or older, engaging in sexual intercourse with a member of the opposite sex less than 16 and more than 12 years old; provided the actor is at least two years older than that member of the opposite sex; or engaging in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being mentally defective.

1 ^ST Degree Sodomy : (Class A Felony) engaging in deviate sexual intercourse with another person by forcible compulsion; or engaging in deviate sexual intercourse with a person who is incapable of consent by reason of being physically helpless or mentally incapacitates; or, being 16 years old or older, engaging in deviate sexual intercourse with a person who is less than 12 years old.

2 ^ND Degree Sodomy : (Class B Felony) a person 16 years old or older, engaging in deviate sexual intercourse with another person less than 16 and more than 12 years old; or he engages in deviate sexual intercourse with a person who is incapable of consent by reason of being mentally defective.

1 ^ST Degree Sexual Abuse : (Class C Felony) A person subjects another person to sexual contact by forcible compulsion; or subjects another person to sexual contact who is incapable of consent by reason of being physically helpless or mentally incapacitated; or he, being 16 years old or older, subjects another person to sexual contact who is less than 12 years old.

2 ^ND Degree Sexual Abuse : (Class A Misdemeanor ) a person subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old; or he, being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old.

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