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.

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  • 1 decade ago
    Favorite Answer

    Spitting does not count as assault in Alabama as both definitions of assault require the use, or intended use, of physical injury.

    Section 13A-6-21

    Assault in the second degree.

    (b) Assault in the second degree is a Class C felony.

    Section 13A-6-22

    Assault in the third degree.

    (b) Assault in the third degree is a Class A misdemeanor.

    Section 13A-5-6

    Sentences of imprisonment for felonies.

    (3) For a Class C felony, not more than 10 years or less than 1 year and 1 day.

    Section 13A-5-7

    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.

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  • 4 years ago

    Assault 3rd Degree Alabama

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  • 5 years ago

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    RE:

    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.

    Source(s): penalties assault alabama: https://biturl.im/PrydX
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  • Bobbie
    Lv 5
    1 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.

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