Anyone familiar with Alabama law??

Question

My daughter, 20 yrs old, was stabbed (not cut) 3 times, first in neck, other two in side, almost died, had extensive abdominal surgery. Her assailant was 18, has a rap sheet, nothing serious, she didn't even spend the night in jail, walked in, signed her bond and walked out. She is charged with assault/bettery 1st degree. Anyone in Alabama know of similar case cause I want to know if there's possibility she will serve some time, juvenile detention, something. Everyone is telling us she'll just get slapped on the hand and put on probation. She should have been charged with Attempted murder. Serious responses only please.........thankx

Answer 1

Assault I is a "Class B Felony" ( section13A-6-20 of the Alabama Criminal Code) and is punishable by not more than 20 years or less than 2 years (13A-5-6). A possible reason that she was charged with the Assault statute and not Attempted Murder is that Assault is much easier to prove in court and get a conviction. To prove a case of Attempted Murder, you have to prove that the intent was to kill instead of injure (this is not as easy as it sounds). Attempted Murder is also a "Class B Felony" and carries the same sentence.

A lot of times the police will charge Assault and the Grand Jury will "upgrade" the offense to Attempted Murder. This has happened to me several times in my career. Usually the district attorney would rather try the Assault because it is easier to prove and carries the same sentencing guidelines.

As far as the amount of time that she will actually serve, this is solely left up to the judge in the case. The district attorney can ask for a certain sentence or for high bond, but it is ultimately left up to the judge. She can be given a suspended sentence and/or probation. A lot of this depends on the mitigating circumstances (i.e. was she provoked, etc.) that the judge will consider during the sentencing phase of the trial.

Answer 2

You probably didnt contribute to the DA's election campaign, welcome to America. Start your own grassroots campaign and put Concealed Carry on the ballot.