Code of Alabama
Ala. Code § 13A-6-20 (2026)
Assault in the First Degree.
✓ official Alabama Legislature (ALISON) text, current July 2026
(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.)
Notes of Decisions
Cited in 154
cases (13 in the last 5 years), 1981–2026 · leading case: United States v. Davis, 139 S. Ct. 2319 (2019).
United States v. Davis, 139 S. Ct. 2319 (2019). “, Ala. Code § 13A-6-20(a)(3) (2015) ("grave risk of death"); Del.”
United States v. Raymon Marquell Harris, 941 F.3d 1048 (11th Cir. 2019). “The district court enhanced appellant’s sentence under the Armed Career Criminal Act (“ACCA”) based, in part, on his prior conviction for attempted first-degree assault under Alabama Code § 13A-6-20(a), which the sentencing court counted as a “violent felony” under the ACCA’s…”
Childers v. State, 899 So. 2d 1025 (Ala. 2004). “[3] However, on the basis of the evidence presented by the State, the trial court instructed the jury that it could consider not only first-degree rape under § 13A-6-61(a)(1) but also first-degree assault under § 13A-6-20(a)(1) [4] as a lesser-included offense.”
United States v. Pantle, 637 F.3d 1172 (11th Cir. 2011). “03 in 2006, and for attempted first degree assault in violation of Ala.Code §§ 13A-6-20(a) and 13A-4-2(a) in 1997.”
United States v. Leland Schneider, 905 F.3d 1088 (8th Cir. 2018). “Ala. Code § 13A-6-20(a)(3) ; Ark. Code Ann.”
Bradley v. State, 925 So. 2d 221 (Ala. Crim. App. 2005). “[6] Moreover, in making this statement, the Court in Hamilton relied on caselaw that predated the adoption of the robbery and assault statutes and that dealt with the common-law definitions of robbery and assault, definitions very different from the ones in the current statutes,…”
United States v. Shawn D. Rutherford, 54 F.3d 370 (7th Cir. 1995). “Seemingly, the risk is 100% that someone convicted of assault under this Alabama provision will cause physical injury to another, because physical injury is an element of the offense. This argument, however, confuses the analysis under § 4B1.”
Ex Parte Cobb, 703 So. 2d 871 (Ala. 1996). “A person commits an assault in the first degree when, "[w]ith the intent to cause serious physical injury to *874 another person, he causes serious physical injury to any person by means of a deadly weapon or dangerous instrument," § 13A-6-20(a)(1); Cobb was convicted under this…”
Joe Marsh, Leroy Owens v. Butler Cnty., Alabama, the Butler Cnty. Comm'n, 268 F.3d 1014 (11th Cir. 2001). “Under Ala. Code § 13A-6-20 (2001) : a person commits the crime of assault in the first degree if: (1) with intent to cause serious physical injury to another person, he causes serious physical injury to any person by means of a deadly weapon or a dangerous instrument; or (3)…”
Hammonds v. State, 7 So. 3d 1038 (Ala. Crim. App. 2006). “" The Commentary to §§ 13A-6-20 through 13A-6-22, Ala.Code 1975, provides the following with regard to § 13A-6-20(a)(3), Ala.”
Salva v. State, 885 So. 2d 231 (Ala. Crim. App. 2003). “After this DUI conviction, McGaughy was indicted for first-degree assault, a violation of § 13A-6-20(a)(3), arising from his actions in this same automobile accident.”
In Re: Frank James Welch, Jr., 884 F.3d 1319 (11th Cir. 2018). “Ala. Code § 13A-6-20(a) (1987). Welch asserts that the statute "includes conduct which does not meet the ACCA definition of a crime of violence under the now defunct residual clause," and that because the record does not indicate which provision of the assault statute he was…”
— Ala. Code § 13A-6-20(a) — 10 cases
United States v. Pantle, 637 F.3d 1172 (11th Cir. 2011). “03 in 2006, and for attempted first degree assault in violation of Ala.Code §§ 13A-6-20(a) and 13A-4-2(a) in 1997.”
United States v. Raymon Marquell Harris, 941 F.3d 1048 (11th Cir. 2019). “The district court enhanced appellant’s sentence under the Armed Career Criminal Act (“ACCA”) based, in part, on his prior conviction for attempted first-degree assault under Alabama Code § 13A-6-20(a), which the sentencing court counted as a “violent felony” under the ACCA’s…”
United States v. Terry Adams, 739 F.3d 873 (6th Cir. 2014).
United States v. McFalls, 592 F.3d 707 (6th Cir. 2010).
In Re: Frank James Welch, Jr., 884 F.3d 1319 (11th Cir. 2018). “Ala. Code § 13A-6-20(a) (1987). Welch asserts that the statute "includes conduct which does not meet the ACCA definition of a crime of violence under the now defunct residual clause," and that because the record does not indicate which provision of the assault statute he was…”
— Ala. Code § 13A-6-20(a)(1) — 20 cases
Childers v. State, 899 So. 2d 1025 (Ala. 2004). “[3] However, on the basis of the evidence presented by the State, the trial court instructed the jury that it could consider not only first-degree rape under § 13A-6-61(a)(1) but also first-degree assault under § 13A-6-20(a)(1) [4] as a lesser-included offense.”
Ex Parte Cobb, 703 So. 2d 871 (Ala. 1996). “A person commits an assault in the first degree when, "[w]ith the intent to cause serious physical injury to *874 another person, he causes serious physical injury to any person by means of a deadly weapon or dangerous instrument," § 13A-6-20(a)(1); Cobb was convicted under this…”
Bradley v. State, 925 So. 2d 221 (Ala. Crim. App. 2005). “[6] Moreover, in making this statement, the Court in Hamilton relied on caselaw that predated the adoption of the robbery and assault statutes and that dealt with the common-law definitions of robbery and assault, definitions very different from the ones in the current statutes,…”
Cockrell v. State, 890 So. 2d 168 (Ala. Crim. App. 2003).
Franklin v. State, 23 So. 3d 694 (Ala. Crim. App. 2008).
— Ala. Code § 13A-6-20(a)(2) — 5 cases
United States v. Raymon Marquell Harris, 941 F.3d 1048 (11th Cir. 2019). “The district court enhanced appellant’s sentence under the Armed Career Criminal Act (“ACCA”) based, in part, on his prior conviction for attempted first-degree assault under Alabama Code § 13A-6-20(a), which the sentencing court counted as a “violent felony” under the ACCA’s…”
Hammonds v. State, 7 So. 3d 1038 (Ala. Crim. App. 2006). “" The Commentary to §§ 13A-6-20 through 13A-6-22, Ala.Code 1975, provides the following with regard to § 13A-6-20(a)(3), Ala.”
Shelly v. Alabama Dep't of Corr., 109 So. 3d 1145 (Ala. Crim. App. 2012).
Herring v. State, 401 So. 2d 296 (Ala. Crim. App. 1981).
Guyton v. State, 514 So. 2d 1054 (Ala. 1987).
— Ala. Code § 13A-6-20(a)(3) — 11 cases
United States v. Davis, 139 S. Ct. 2319 (2019). “, Ala. Code § 13A-6-20(a)(3) (2015) ("grave risk of death"); Del.”
United States v. Leland Schneider, 905 F.3d 1088 (8th Cir. 2018). “Ala. Code § 13A-6-20(a)(3) ; Ark. Code Ann.”
Hammonds v. State, 7 So. 3d 1038 (Ala. Crim. App. 2006). “" The Commentary to §§ 13A-6-20 through 13A-6-22, Ala.Code 1975, provides the following with regard to § 13A-6-20(a)(3), Ala.”
Hammonds v. State, 7 So. 3d 1055 (Ala. 2008).
Bigham v. State, 23 So. 3d 1174 (Ala. Crim. App. 2009).
— Ala. Code § 13A-6-20(a)(4) — 2 cases
People v. Moore, 877 P.2d 840 (Colo. 1994).
Anderson v. State, 686 So. 2d 378 (Ala. Crim. App. 1994).
— Ala. Code § 13A-6-20(a)(5) — 14 cases
United States v. Shawn D. Rutherford, 54 F.3d 370 (7th Cir. 1995). “Seemingly, the risk is 100% that someone convicted of assault under this Alabama provision will cause physical injury to another, because physical injury is an element of the offense. This argument, however, confuses the analysis under § 4B1.”
Salva v. State, 885 So. 2d 231 (Ala. Crim. App. 2003). “After this DUI conviction, McGaughy was indicted for first-degree assault, a violation of § 13A-6-20(a)(3), arising from his actions in this same automobile accident.”
Ex Parte Harwell, 639 So. 2d 1335 (Ala. 1993).
United States v. Pantle, 637 F.3d 1172 (11th Cir. 2011). “03 in 2006, and for attempted first degree assault in violation of Ala.Code §§ 13A-6-20(a) and 13A-4-2(a) in 1997.”
Reck v. State, 84 So. 3d 151 (Ala. Crim. App. 2010).
— Ala. Code § 13A-6-20(a)(l) — 15 cases
Moody v. State, 95 So. 3d 827 (Ala. Crim. App. 2011).
Baker v. State, 87 So. 3d 587 (Ala. Crim. App. 2009).
McMillian v. State, 58 So. 3d 849 (Ala. Crim. App. 2010).
Montgomery v. Herring (In Re Herring), 193 B.R. 344 (Bankr. N.D. Ala. 1995).
Crane v. State, 964 So. 2d 1254 (Ala. Crim. App. 2007).
— Ala. Code § 13A-6-20(b) — 5 cases
United States v. Leland Schneider, 905 F.3d 1088 (8th Cir. 2018). “Ala. Code § 13A-6-20(a)(3) ; Ark. Code Ann.”
United States v. Shawn D. Rutherford, 54 F.3d 370 (7th Cir. 1995). “Seemingly, the risk is 100% that someone convicted of assault under this Alabama provision will cause physical injury to another, because physical injury is an element of the offense. This argument, however, confuses the analysis under § 4B1.”
Ex parte Ronald Eugene Hollander, Jr., 164 So. 3d 1123 (Ala. 2014).
Ashley v. State, 420 So. 2d 810 (Ala. Crim. App. 1982).
Smith v. State, 895 So. 2d 392 (Ala. Crim. App. 2004).
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