Mobile County Criminal Law Attorney

First Offense Assault: Will it Stay on My Record?

First Offense Assault: Will it Stay on My Record?

First Offense Assault: Will it Stay on My Record?

An assault charge in Alabama is a serious crime. Assault can involve a physical attack, possibly with a weapon, sexual assault, pushing someone, or even the threat of an assault. 

The charges differ depending on what type of assault has been committed, and so does the punishment. 

The most serious is a first-degree assault, which involves exhibiting an extreme indifference to the value of another’s life. First-degree assault can have you behind bars in Alabama for not less than two years and not more than 20 years, plus a fine. 

If you are facing assault charges, call Mobile, Alabama Attorney Jason B. Darley right away. He will assist you through the court process and is an expert in defending your rights and negotiating favorably on your behalf, no matter your charges.  

Failure to have expert representation can mean assault charges stay on your record, impacting your employment, relationships, and future.  

First Offense Assault

In Alabama, assault and battery is a crime that can result in jail or prison time and a fine if you are convicted. Consider the various assault charges that are possible: 

  • Assault and Battery – The claimant sues the wrongdoer, alleging they were in immediate threat of bodily injury or were physically injured. They do not have to be injured; they only believe they are in imminent danger.
  • First-Degree Assault – When the intent is to cause serious bodily injury, a person is facing a Class B felony.
  • Second-Degree Assault – A second-degree assault charge can be brought when there is an intention to cause severe physical injury and the wrongdoer carries a lethal weapon. Injuring a police officer, first responder, or professor also falls under a second-degree charge. This is a Class C felony.
  • Third-Degree Assault – When someone carries a gun and causes injury to another, they may face a third-degree assault. Included in this charge is someone who tried to prevent a law enforcement officer from doing their job and harmed them. This is a Class A misdemeanor.
  • Aggravated Assault – In an aggravated assault, the assailant harms another during another act, such as a robbery. These penalties are more severe than other assaults.

Assault on my Record?

Once charged, you can plead guilty, or your criminal defense attorney may have options to mitigate your assault charges. 

Maybe you were acting out because of a mental condition. You did not intend to injure the victim, so wrongful intention is not a factor.  

There may be missing evidence that the prosecution needs to prove your offense. If the assault occurred when you were defending yourself or others, there may be a legitimate claim of self-defense.  

These incidents are reported to the court with the goal of having certain charges expunged from your record. 

In Alabama, a 2021 law called the REDEEMER Act outlines when certain misdemeanor convictions can be expunged from your record. Charges cannot include violent crimes or sex offenses but do include: 

  • When court-ordered fines, jail time, probation, and community service are completed.  
  • After the passage of three years from your conviction 
  • The crime is not a serious traffic offense 
  • The crime is not a moral turpitude such as murder, rape, manslaughter, sex abuse, trafficking of humans, treason, child pornography, etc. These serious crimes are against societal norms with vicious and evil intent. Crimes involving moral turpitude cannot be expunged from your record.  

A felony conviction must involve no violent act, and the expungement may be granted when you: 

  • The governor grants you a pardon. 
  • You receive a certificate from the Board of Pardons and Paroles restoring your civil and political rights. 
  • After 180 days from your pardon 
  • Again, moral turpitude crimes involving violence, sex, or morally reprehensible actions will not be expunged. 

Your Mobile, Alabama, Criminal Defense Attorney

Mobile, Alabama, Criminal Defense Attorney Jason B. Darley reminds the public that the court may expunge certain convictions after the fact if the proper steps are followed.  

During a complimentary initial consultation, Mr. Darley can explain the many legal loopholes in the expungement process and your options for wiping criminal first-offense assault charges from your record.

Call his Mobile office at (251) 441-7772 as soon as you can to take the steps to get your life back to normal.  

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