Penalties for assault in Alabama?
What are the penalties for 3rd degree and 2nd degree assault in Alabama, and does spitting count as assault?
Thanks to whoever answers.
- Eagle1 Fox2Lv 71 decade agoFavorite Answer
Spitting does not count as assault in Alabama as both definitions of assault require the use, or intended use, of physical injury.
Assault in the second degree.
(b) Assault in the second degree is a Class C felony.
Assault in the third degree.
(b) Assault in the third degree is a Class A misdemeanor.
Sentences of imprisonment for felonies.
(3) For a Class C felony, not more than 10 years or less than 1 year and 1 day.
Sentences of imprisonment for misdemeanors and violations.
(1) For a Class A misdemeanor, not more than one year.
Also, Bobbie is poorly mistaken on what assault is. Unless you decide to swallow a pint of acid and then spit it in someone's face, you cannot commit assault with spit in Alabama. In some states (not Alabama) you can be charged with simple battery for spitting on a person, but not assault as it almost always requires the use or threat of physical bodily harm.
- BobbieLv 51 decade ago
Spitting - yes because you are not allowed to use body fluid to cause harm to someone, and yes body fluid can.
penalites- fines/community service/ jail, pending on the action, persons background, and how the victim is. Oh and of course if the judge had a good or bad day.