Generally the Degree and seriousness of Assault charges is based upon the injury allegedly caused to the alleged victim. An experienced attorney can discuss the facts in your case, and can often help identify issues or mitigating factors, that can lead to an acquittal, or other ultimate dismissal of the charges.
Assault in the first degree.
(a) A person commits the crime of assault in the first degree if:
(1) With intent to cause serious physical injury to another person, he or she causes serious physical injury to any person by means of a deadly weapon or a dangerous instrument; or
(2) With intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of the body of another person, he or she causes such an injury to any person; or
(3) Under circumstances manifesting extreme indifference to the value of human life, he or she recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to any person; or
(4) In the course of and in furtherance of the commission or attempted commission of 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, he or she causes a serious physical injury to another person; or
(5) While driving under the influence of alcohol or a controlled substance or any combination thereof in violation of Section 32-5A-191 or 32-5A-191.3, he or she causes serious physical injury to the person of another with a vehicle or vessel.
(b) Assault in the first degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §2101; Acts 1987, No. 87-712, p. 1259; Act 2014-427, p. 1574, §1.)