In Alabama, there are three major criminal charges associated with homicide. The first and most severe is murder, governed by §13A-6-2 of the Alabama Code. Unlike some other jurisdictions, Alabama does not recognize varying degrees of murder. Instead, a charge for murder covers any action that causes the death of another by either intent, extreme indifference to human life or recklessness, or while participating in a felony. As a Class A felony, murder carries severe punishments, ranging from 10 years’ imprisonment to the death sentence, depending on the circumstances surrounding the crime. Although the death of the victim is a clear-cut element, the issue of intention is more ambiguous, leading Alabama courts to clarify the matter. In the appeal of Tyreese Nikita Crayton v. State of Alabama, heard by the Court of Criminal Appeals of Alabama in May of 2023, the Court clarified that use of a deadly weapon is, alone, sufficient to prove intent, suggesting that the element of intent can be inferred from certain facts.

Although murder carries severe penalties, there are several lesser-included charges relating to homicide. Manslaughter, governed by §13A-6-3, applies when the death was caused by recklessness and heat of the moment provocation, and reduces the classification to a Class B felony. As a Class B felony, manslaughter carries a sentence of 2-20 years’ imprisonment, and offenders cannot be sentenced to death. Alabama also recognizes criminally negligent homicide, which applies when the death is caused by negligence. In general, criminally negligent homicide is a Class A misdemeanor, carrying a maximum sentence of 1 year imprisonment and $6,000 in fines. If the death is caused by negligent driving under the influence, however, it is a Class C felony, punishable by 1-10 years’ imprisonment.

Unlike murder, assault in Alabama is separated by varying degrees, distinguishing the severity of the offense. The least severe offense in this category is assault in the third degree, covered by §13A-6-22. This offense includes any incident where an offender causes physical injury to another by either intent, recklessness, or criminal negligence. The lowest degree of assault is classified as a Class A misdemeanor, punishable by up to one year in jail and up to $6,000 in fines. To raise the classification to assault in the second degree, the offender must either cause serious physical injury with intent, or cause injury through use of a deadly weapon. Assault in the second degree also extends to cover assaults on certain categories of people, including teachers, health care workers, and peace officers. When an offense is deemed assault in the second degree, the classification raises to a Class C felony, allowing a sentence of 1-10 years’ imprisonment.

The most severe category of assault, assault in the first degree, is governed by §13A-6-20. This statue adds a myriad of elements that, when applicable, raise the severity of the offense to reach the first degree. An offense is classified as assault in the first degree when (1) the offender causes serious physical injury with a deadly weapon and intends to do so; (2) the offender injures a person while attempting to disfigure or amputate the person’s body; (3) the circumstances of the offense suggest an extreme indifference to human life, resulting in serious injury; (4) the offender injures another person in furtherance of a felony dangerous to human life; or (5) the offender causes serious physical injury to another person while driving under the influence. If any of these conditions are met, the offense becomes a Class B felony, punishable by 2-20 years’ imprisonment. Depending on the circumstances of the case, Alabama courts have recognized lower degrees of assault as lesser included charges for higher degrees, and additional acknowledged resisting arrest as a lesser included charge for assault in the third degree. Assault charges may also be overturned, as evidenced by the recent case of Markis Antwuan Watts v. State of Alabama. Although the evidence in Watts suggested that an assault had been committed, the State failed to link Watts to the crime by evidence, meaning Watts could not be criminally punished for the crime.

If you are charged with murder or manslaughter, contact Joe Ingram Law, LLC or Joseph A. Ingram at joeingramlaw.com or 205-335-2640. Get Relief Get Results.