Imagine it is your freshman year in college. You have been tailgating all day at your fraternity tent. You spent hours in the early morning setting everything up for you and your brothers. Then suddenly someone you don’t recognize shows up to the tent. You ask them to prove they are a member of the fraternity or leave. However, one thing leads to another and, the interaction turns ugly quick. He starts pushing and shoving you. You push back. He throws a punch. You tell him to leave now you. You say: I have a knife in my pocket, and you don’t leave now, I will use it. You know the threat was wrong, but at some point, you must take a stand. In response to your threat, he punches you again. In a rash decision you take out the knife and slash his leg and stomach with the knife. You do not stab him deeply with the knife, but there is a little blood. It is nothing life threating. Noticing you were serious he runs off.

However, he calls the police. They arrive quickly, and you’re arrested. They charge you with assault in the first degree. You can hardly believe what you’re hearing. You tell them it was self-defense. He hit you first. You warned him. You didn’t want to hurt anyone. But the officer tells you that because he used his fists, and you used a knife, your force was "disproportionate." That, they say, is why it’s not self-defense. Now you're sitting in a holding cell, asking your attorney: Is this really assault in the first degree. What’s going to happen to me?

In a case with similar circumstances, The Alabama Court of Civil Appels reversed the Jefferson County Circuit court’s ruling that such circumstances constituted 1st degree assault. On May 2, 2025, the Alabama Court of Civil Appeals held, “we must reverse [Hall]‘s conviction for assault in the first degree because the State failed to prove that the injuries [Hines] suffered caused a substantial risk of death” Hall v. State, No. CR-2023-0837, 2025 WL 1272646, at *8 (Ala. Crim. App. May 2, 2025). This case, Hall v. State, arises out Herman Clifford Hall stabbing of Lorenzo Hines while working at a poll location during the 2020 election. After an argument Hall stabbed Lorenzo in the leg and stomach. However, Lorenzo’s wounds were not fatal and had no risk of causing death. The injuries were so minor Lorenzo would be discharged from the hospital shortly after receiving stitches. After these events Hall was charged by the Jefferson County Circuit Court for 1st degree assault. In response Hall appealed his conviction to the Alabama Court of Civil Appeals. On appeal Hall argued “the State failed to present sufficient evidence of a serious physical injury to prove first-degree assault.” Id.

In response to hall’s argument the Court held “We agree with Hall that the State failed to present sufficient evidence that Hines's injuries constituted a serious physical injury” Id. Under Alabama law “A person commits the crime of assault in the first degree if [,] ... [w]ith 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.” § 13A-6-20(a)(1), Ala. Code 1975. Serious injury in this context is defined as ““[p]hysical injury which creates a substantial risk of death, or which causes serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ.” § 13A-1-2(14), Ala. Code 1975.

In this case the evidence shows, hospital staff never viewed the injury as life threating. See Hall, WL 1272646, at *8. Further “the state presented no evidence concerning how Hines's wounds affected him after the incident.” Id. Therefore there was no evidence to conclude that Hall inflicted a serious physical injury. Id. Accordingly the Court held “we must reverse [Hall]‘s conviction for assault in the first degree…[.] [T]he State failed to prove that the injuries [Hines] suffered caused a substantial risk of death, or caused serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ.”

The Court made the correct decision in this case. The court in this case correctly applied the elements of Alabama Law, correcting the erroneous ruling of the Jefferson County Circuit Court. Alabama Law is clear 1st degree assault requires, a serious physical injury. In this call Hall did not cause serious physical injury and should not have been charged with 1st degree assault. The above scenario at the fraternity tailgate would also likely not constitute 1st degree assault. This is due to their being no Serious physical injury, which is required for Assault in the 1st degree.

If you have a Federal Criminal case, a State Criminal case, a Municipal Case or a Family Law case, contact Joe Ingram or Joe Joe Ingram Law, LLC at 205-335-2640. Get Relief Get Results.