AMENDED BY ACT 2026-370, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A person commits the crime of assault in the second degree if the person does any of the following:
(1) With intent to cause serious physical injury to another person, he or she causes serious physical injury to any person.
(2) With intent to cause physical injury to another person, he or she causes physical injury to any person by means of a deadly weapon or a dangerous instrument.
(3) He or she recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument.
(4)a. With intent to prevent a peace officer, as defined in Section 36-21-60, a detention or correctional officer at any municipal or county jail or state penitentiary, emergency medical personnel, a utility worker, or a firefighter from performing a lawful duty, he or she intends to cause physical injury and he or she causes physical injury to any person.
b. For the purpose of this subdivision, a person who is a peace officer who is employed or under contract while off duty by a private or public entity is a peace officer performing a lawful duty when the person is working in his or her approved uniform while off duty with the approval of his or her employing law enforcement agency. Provided, however, that nothing contained in this subdivision shall be deemed or construed as amending, modifying, or extending the classification of a peace officer as off-duty for workers’ compensation purposes or any other benefits to which a peace officer may otherwise be entitled to under law when considered on-duty. Additionally, nothing contained in this subdivision shall be deemed or construed as amending, modifying, or extending the tort liability of any municipality as a result of any action or inaction on the part of an off-duty police officer.
(5) With intent to cause physical injury to a teacher or to an employee of a public educational institution during or as a result of the performance of his or her duty, he or she causes physical injury to any person.
(6) With intent to cause physical injury to a health care worker, including a nurse, physician, technician, or any other person employed by or practicing at a hospital as defined in Section 22-21-20; a county or district health department; a long-term care facility; a physician’s office, clinic, or outpatient treatment facility during the course of or as a result of the performance of the duties of the health care worker or other person employed by or practicing at the hospital; the county or district health department; any health care facility owned or operated by the State of Alabama; the long-term care facility; the physician’s office, clinic, or outpatient treatment facility; or a pharmacist, pharmacy technician, pharmacy intern, pharmacy extern, or pharmacy cashier; he or she causes physical injury to any person. This subdivision shall apply to assaults on home health care workers while they are in a private residence. This subdivision shall not apply to assaults by patients who are impaired by medication.
(7) For a purpose other than lawful medical or therapeutic treatment, he or she intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him or her, without his or her consent, a drug, substance or preparation capable of producing the intended harm.
(8) With intent to cause physical injury to a Department of Human Resources employee or any employee performing social work, as defined in Section 34-30-1, during or as a result of the performance of his or her duty, he or she causes physical injury to any person.
(9) With intent to cause physical injury to a letter carrier, as defined in Section 32-6-380, during or as a result of the performance of his or her duty, he or she causes physical injury to any person.
(b) Assault in the second degree is a Class C felony.
(c) For the purposes of this section, “utility worker” means any person who is employed by an entity that owns, operates, leases, or controls any plant, property, or facility for the generation, transmission, manufacture, production, supply, distribution, sale, storage, conveyance, delivery, or furnishing to or for the public of electricity, natural or manufactured gas, water, steam, sewage, or telephone service, including two or more utilities rendering joint service.
(Acts 1977, No. 607, p. 812, §2102; Acts 1994, 1st Ex. Sess., No. 94-794, §1; Acts 1996, No. 96-533, p. 744, §1; Act 2006-565, p. 1312, §1; Act 2009-586, p. 1722, §1; Act 2010-565, p. 1145, §1; Act 2011-550, p. 1015, §1; Act 2022-416, §1; Act 2024-91, §1.)
Notes of Decisions
Cited in
136
cases (
23 in the last 5 years), 1981–2026 · leading case:
Ex Parte Lewis, 811 So. 2d 485 (Ala. 2001).
Ex Parte Lewis, 811 So. 2d 485 (Ala. 2001).
· cites it 10× “2000) (table). We granted certiorari review. Lewis challenges the indictment by arguing that it is void for failure to charge an essential element of the offense.”
Ex Parte State, 925 So. 2d 232 (Ala. 2005).
· cites it 13× “iative, requesting any instructions on assault as a lesser-included offense, the State and Bradley erred equally in assuming, without analyzing, that second-degree assault and third-degree assault were contemplated by the indictment charging first-degree robbery and arguing to…”
Bradley v. State, 925 So. 2d 221 (Ala. Crim. App. 2005).
· cites it 21× “A jury convicted him of assault in the second degree, a violation of § 13A-6-21(a)(2), Ala. Code 1975. [1] He was sentenced, as a habitual felony offender, to life imprisonment.”
United States v. Terrance Tyrone Davis, 875 F.3d 592 (11th Cir. 2017).
· cites it 2× “The presentence investigation report determined that he was an armed career criminal based on three earlier convictions: (1) a 1998 conviction for third degree robbery, in violation of Alabama Code § 13A-8-43; (2) a 2003 conviction for second degree assault, in violation of…”
Gray v. Gray (In Re Gray), 322 B.R. 682 (Bankr. N.D. Ala. 2005).
· cites it 11× “the civil case (Exhibit G), a certified copy of the trial testimony of Lydia Gray in the civil ease *687 (Exhibit H), a certified copy of the jury charge in the civil case (Exhibit I), a certified copy of the Judgment entered in the civil case on September 5, 2000 (Exhibit J),…”
Ex Parte Cobb, 703 So. 2d 871 (Ala. 1996).
· cites it 7× “Ala. Code 1975, § 13A-6-21(a)(1). This section does not mention the use of a deadly weapon or dangerous instrument; instead, it simply requires "serious physical injury.”
United States v. Scott, 990 F.3d 94 (2d Cir. 2021).
“2009) (observing that “distinction between assault and battery . . . has been regularly elided” and the “two terms have often been used interchangeably”).”
Grider v. State, 766 So. 2d 189 (Ala. Crim. App. 1999).
· cites it 7× “The appellant, Eddie Wayne Grider, was convicted of second-degree assault, a violation of § 13A-6-21, Ala.Code 1975. He was sentenced as a habitual felony offender to 32 years' imprisonment.”
T.D.F. v. State, 264 So. 3d 108 (Ala. Crim. App. 2018).
· cites it 6× “16, a violation § 13A-6-21(a)(4), Ala. Code 1975, and resisting arrest, JU-13-378.”
Gamble v. State, 758 So. 2d 1125 (Ala. Crim. App. 1999).
· cites it 6× “Gamble was ordered to pay restitution in the amount of $37,000, a $50 victims compensation assessment, and court costs.”
Welch v. State, 63 So. 3d 1275 (Ala. Crim. App. 2010).
· cites it 2× “The appellant, Edsel Welch, was convicted of assault in the second degree, a violation of § 13A-6-21, Ala.Code 1975 and was sentenced to 18 months’ in prison.”
Hammonds v. State, 7 So. 3d 1038 (Ala. Crim. App. 2006).
· cites it 6× “" Further, § 13A-6-21(a), Ala.Code 1975, provides, in pertinent part: "A person commits the crime of assault in the second degree if the person does any of the following: ".”
— Ala. Code § 13A-6-21(1) — 1 case
— Ala. Code § 13A-6-21(a) — 8 cases
Gray v. Gray (In Re Gray), 322 B.R. 682 (Bankr. N.D. Ala. 2005).
“the civil case (Exhibit G), a certified copy of the trial testimony of Lydia Gray in the civil ease *687 (Exhibit H), a certified copy of the jury charge in the civil case (Exhibit I), a certified copy of the Judgment entered in the civil case on September 5, 2000 (Exhibit J),…”
Hammonds v. State, 7 So. 3d 1038 (Ala. Crim. App. 2006).
“" Further, § 13A-6-21(a), Ala.Code 1975, provides, in pertinent part: "A person commits the crime of assault in the second degree if the person does any of the following: ".”
Gamble v. State, 758 So. 2d 1125 (Ala. Crim. App. 1999).
“Gamble was ordered to pay restitution in the amount of $37,000, a $50 victims compensation assessment, and court costs.”
— Ala. Code § 13A-6-21(a)(1) — 10 cases
Ex Parte Cobb, 703 So. 2d 871 (Ala. 1996).
“Ala. Code 1975, § 13A-6-21(a)(1). This section does not mention the use of a deadly weapon or dangerous instrument; instead, it simply requires "serious physical injury.”
Grider v. State, 766 So. 2d 189 (Ala. Crim. App. 1999).
“The appellant, Eddie Wayne Grider, was convicted of second-degree assault, a violation of § 13A-6-21, Ala.Code 1975. He was sentenced as a habitual felony offender to 32 years' imprisonment.”
Gamble v. State, 758 So. 2d 1125 (Ala. Crim. App. 1999).
“Gamble was ordered to pay restitution in the amount of $37,000, a $50 victims compensation assessment, and court costs.”
— Ala. Code § 13A-6-21(a)(2) — 35 cases
Ex Parte State, 925 So. 2d 232 (Ala. 2005).
“iative, requesting any instructions on assault as a lesser-included offense, the State and Bradley erred equally in assuming, without analyzing, that second-degree assault and third-degree assault were contemplated by the indictment charging first-degree robbery and arguing to…”
Bradley v. State, 925 So. 2d 221 (Ala. Crim. App. 2005).
“A jury convicted him of assault in the second degree, a violation of § 13A-6-21(a)(2), Ala. Code 1975. [1] He was sentenced, as a habitual felony offender, to life imprisonment.”
Grider v. State, 766 So. 2d 189 (Ala. Crim. App. 1999).
“The appellant, Eddie Wayne Grider, was convicted of second-degree assault, a violation of § 13A-6-21, Ala.Code 1975. He was sentenced as a habitual felony offender to 32 years' imprisonment.”
— Ala. Code § 13A-6-21(a)(3) — 14 cases
Bradley v. State, 925 So. 2d 221 (Ala. Crim. App. 2005).
“A jury convicted him of assault in the second degree, a violation of § 13A-6-21(a)(2), Ala. Code 1975. [1] He was sentenced, as a habitual felony offender, to life imprisonment.”
Hammonds v. State, 7 So. 3d 1038 (Ala. Crim. App. 2006).
“" Further, § 13A-6-21(a), Ala.Code 1975, provides, in pertinent part: "A person commits the crime of assault in the second degree if the person does any of the following: ".”
— Ala. Code § 13A-6-21(a)(4) — 11 cases
Ex Parte Lewis, 811 So. 2d 485 (Ala. 2001).
“2000) (table). We granted certiorari review. Lewis challenges the indictment by arguing that it is void for failure to charge an essential element of the offense.”
T.D.F. v. State, 264 So. 3d 108 (Ala. Crim. App. 2018).
“16, a violation § 13A-6-21(a)(4), Ala. Code 1975, and resisting arrest, JU-13-378.”
— Ala. Code § 13A-6-21(a)(4)(a) — 1 case
— Ala. Code § 13A-6-21(a)(5) — 2 cases
— Ala. Code § 13A-6-21(a)(l) — 4 cases
— Ala. Code § 13A-6-21(b) — 7 cases
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