SHELBY COUNTY AL VIOLENT CRIMES DEFENSE LAWYER

Manslaughter A person can be charged with manslaughter for recklessly causing someone’s death or acting in a sudden heat of passion. The Code of Alabama, 1975 does not use the terminology of voluntary or involuntary.   “A person commits the crime of manslaughter if:

1. He recklessly causes the death of another person, or

2. He causes the death of another person under circumstances that would constitute murder under Section 13A-6-2; except, that he causes the death due to a sudden heat of passion caused by provocation recognized by law, and before a reasonable time for the passion to cool and for reason to reassert itself.”

Manslaughter is a Class B Felony. In Alabama, a Class B Felony sentence can range from 2 to 20 years with a possible $30,000.00 fine.

Criminally Negligent Homicide is normally a Class A Misdemeanor unless it involves a DUI. Then it becomes a Class C Felony.

“A person commits the crime of criminally negligent homicide if he or she causes the death of another person by criminal negligence.”

A conviction for a Class A Misdemeanor could be up to 12 months in prison and $6,000.00 fines.  If you have been charged with homicide or suspect you might be charged, call Daniel Alexander. He is an experience litigator in Shelby County. You and your case will be a priority.

Assault can cover a wide range of violence from a bar fight to attempted murder. Just as in homicide, assault is either intentional, or due to recklessness, or criminal negligence. First-degree assault is a Class B Felony, Second-degree is a Class C Felony, and Third-degree is a Class A Misdemeanor.

When a drunk driver causes a wreck in which someone in the other vehicle is injured, that is assault. Using pepper spray during the commission of a crime or against a policeman will also garner the added charge of assault. In crimes such as kidnapping, rape, robbery, arson, etc., if the victim is injured in the commission of the crime, that would be an added assault charge.

A person can be charged with assault without ever touching the other person. Assault does not have to be a physical touch just the implied threat of physical harm. Menacing or flag burning for the purpose of intimidation are both considered assault also.

If you have been charged with an assault, you need an experienced lawyer to present your case with knowledge and passion. Call Shelby County Criminal Lawyer, LLC  205-475-8048

The Kidnapping laws in Alabama cover Unlawful Imprisonment, Kidnapping, Interference with Custody.

The elements of kidnapping are defined in the Code of Alabama 1975 –

 “RESTRAIN. To intentionally or knowingly restrict a person's movements unlawfully and without consent, so as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved. Restraint is "without consent" if it is accomplished by:

1. Physical force, intimidation or deception, or
2. Any means, including acquiescence of the victim, if he is a child less than 16 years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of him has not acquiesced in the movement or confinement.

ABDUCT. To restrain a person with intent to prevent his liberation by either:

1. Secreting or holding him in a place where he is not likely to be found, or
2. Using or threatening to use deadly physical force.”

Unlawful imprisonment is the restraining of another person’s movement illegally. It is considered a Class A misdemeanor. The difference in first-degree and second-degree unlawful imprisonment in the Code of Alabama 1975 is that “A person commits the crime of unlawful imprisonment in the first degree if he restrains another person under circumstances which expose the latter to a risk of serious physical injury.” There is no risk of physical injury in second-degree.

Kidnapping is the abduction of another person. In the Code of Alabama, 1975, Kidnapping in the first degree is defined as:  

A person commits the crime of kidnapping in the first degree if he abducts another person with intent to:

• (1) Hold him for ransom or reward; or
• (2) Use him as a shield or hostage; or
• (3) Accomplish or aid the commission of any felony or flight therefrom; or
• (4) Inflict physical injury upon him, or to violate or abuse him sexually; or
• (5) Terrorize him or a third person; or
• (6) Interfere with the performance of any governmental or political function.

If the kidnapper releases the victim unharmed and in a safe place before being caught, then the charge could be dropped from the first-degree charge which is a Class A felony. Second-degree Kidnapping is the abduction of another person without the six “intents” listed in first-degree kidnapping. Second-degree kidnapping is a Class B Felony.

Interference with Custody is a Class C Felony. Someone that takes or tries to lure a child under the age of 18 from the lawful custody of their parent or guardian is guilty of interference with custody. Custody is not only about parental rights. It also covers children/people in any form of legal custody. This would include persons legally committed due to being delinquent, mentally defective, incompetent, etc.

If you have been charged with any of these crimes in Shelby County Alabama, you definitely need an experienced Shelby County Criminal Attorney. Daniel Alexander is just a phone call away. He is always available to his clients by phone, text, or email. 205-475-8048.