Code of Alabama

Ala. Code § 13A-6-22 (2026)

Assault in the Third Degree.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) A person commits the crime of assault in the third degree if:

(1) With intent to cause physical injury to another person, he causes physical injury to any person; or

(2) He recklessly causes physical injury to another person; or

(3) With criminal negligence he causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or

(4) With intent to prevent a peace officer from performing a lawful duty, he causes physical injury to any person.

(b) Assault in the third degree is a Class A misdemeanor.

(Acts 1977, No. 607, p. 812, §2103.)

Notes of Decisions
Cited in 78 cases (5 in the last 5 years), 1981–2026 · leading case: Alabama v. Shelton, 535 U.S. 654 (2002).
Alabama v. Shelton, 535 U.S. 654 (2002). · cites it 4× “I After representing himself at a bench trial in the District Court of Etowah County, Alabama, Shelton was convicted of third-degree assault, a class A misdemeanor carrying a maximum punishment of one year imprisonment and a $2,000 fine, Ala. Code §§ 13A-6-22, 13A-5-7(a)(1),…”
Ex Parte State, 925 So. 2d 232 (Ala. 2005). · cites it 7× “" Ala.Code 1975, § 13A-6-22. The assistant district attorney was contrasting those elements with the particular prong of second-degree assault he subsequently stated was applicable: "A person commits the crime of assault in the second degree if the person .”
United States v. Leland Schneider, 905 F.3d 1088 (8th Cir. 2018). · cites it 2× “Ala. Code § 13A-6-22(a)(2) (defining simple assault); Colo.”
United States v. Castleman, 134 S. Ct. 1405 (2014). “3 See Ala.Code § 13A-6-22 (1995) ; Alaska Stat.”
Ex Parte Lewis, 811 So. 2d 485 (Ala. 2001). · cites it 2× “NOTES [1] The indictment also charged Lewis with assault in the third degree, a violation of § 13A-6-22, Ala.Code 1975. However, this charge was nol-prossed by the State.”
Ott v. City of Mobile, 169 F. Supp. 2d 1301 (S.D. Ala. 2001). · cites it 2× “4 When Gamble returned with his gun and badge, he did not fire at Knapp but rather ordered him to drop to the ground, conduct plausibly consistent with immobilizing a suspect incident to arrest.”
Stallworth v. State, 868 So. 2d 1128 (Ala. Crim. App. 2003). “See § 13A-6-22, Ala.Code 1975. Assault is a far more "significant" crime than is the malicious destruction of property.”
Shelton v. State, 851 So. 2d 83 (Ala. Crim. App. 1999). · cites it 7× “The appellant, Lereed Shelton, was convicted in district court of third-degree assault, § 13A-6-22, Ala.Code 1975. He appealed his conviction to the Etowah Circuit Court for a trial de novo, and he was again convicted of third-degree assault.”
Bradley v. State, 925 So. 2d 221 (Ala. Crim. App. 2005). · cites it 3× “1993), this Court addressed the issue whether the appellant, who had been indicted for and convicted of robbery in the first degree pursuant to § 13A-8-41(a)(1), was entitled to jury instructions on assault in the second degree *224 pursuant to § 13A-6-21(a)(3) and assault in…”
Gargis v. State, 998 So. 2d 1092 (Ala. Crim. App. 2007). · cites it 2× “Under count I, Big Tony was convicted of the lesser offense of third-degree *1095 assault, a violation of § 13A-6-22, Ala. Code 1975, and was sentenced to one year in the Colbert County jail.”
Ruffino v. City of Hoover, 891 F. Supp. 2d 1247 (N.D. Ala. 2012). · cites it 4× “ary Judgment and in opposition to Ruffino’s Motion for Partial Summary Judgment, defendants contend that Glover had probable cause to arrest Ruffino not only for disorderly conduct in violation of Alabama Code § 13A-ll-7-(a)(3), but also disorderly conduct in violation of…”
City of Birmingham v. Major, 9 So. 3d 470 (Ala. 2008). · cites it 4× “Code 1975, which provides that a person commits the crime of domestic violence in the third degree “if the person commits the crime of assault in the third degree pursuant to Section 13A-6-22 ... and the victim is ..”
— Ala. Code § 13A-6-22(4) — 1 case
Robinson v. City of Montgomery, 518 So. 2d 204 (Ala. Crim. App. 1987).
— Ala. Code § 13A-6-22(a) — 3 cases
C.W.S. v. C.M.P., 99 So. 3d 864 (Ala. Civ. App. 2012).
T.D.T. v. State, 745 So. 2d 885 (Ala. Crim. App. 1998).
TDT v. State, 745 So. 2d 885 (Ala. Crim. App. 1998).
— Ala. Code § 13A-6-22(a)(1) — 13 cases
Ex Parte State, 925 So. 2d 232 (Ala. 2005). “" Ala.Code 1975, § 13A-6-22. The assistant district attorney was contrasting those elements with the particular prong of second-degree assault he subsequently stated was applicable: "A person commits the crime of assault in the second degree if the person .”
Hulsey v. State, 866 So. 2d 1180 (Ala. Crim. App. 2003).
Ex Parte Cobb, 703 So. 2d 871 (Ala. 1996).
Staten v. State, 622 So. 2d 1321 (Ala. 1992).
T.D.F. v. State, 264 So. 3d 108 (Ala. Crim. App. 2018).
— Ala. Code § 13A-6-22(a)(2) — 12 cases
United States v. Leland Schneider, 905 F.3d 1088 (8th Cir. 2018). “Ala. Code § 13A-6-22(a)(2) (defining simple assault); Colo.”
Bradley v. State, 925 So. 2d 221 (Ala. Crim. App. 2005). “1993), this Court addressed the issue whether the appellant, who had been indicted for and convicted of robbery in the first degree pursuant to § 13A-8-41(a)(1), was entitled to jury instructions on assault in the second degree *224 pursuant to § 13A-6-21(a)(3) and assault in…”
Ex Parte State, 925 So. 2d 232 (Ala. 2005). “" Ala.Code 1975, § 13A-6-22. The assistant district attorney was contrasting those elements with the particular prong of second-degree assault he subsequently stated was applicable: "A person commits the crime of assault in the second degree if the person .”
Brown v. State, 737 So. 2d 487 (Ala. Crim. App. 1999).
Hemrick v. State, 922 So. 2d 967 (Ala. Crim. App. 2005).
— Ala. Code § 13A-6-22(a)(3) — 1 case
Guyton v. State, 514 So. 2d 1054 (Ala. 1987).
— Ala. Code § 13A-6-22(a)(4) — 7 cases
Ex Parte Lewis, 811 So. 2d 485 (Ala. 2001). “NOTES [1] The indictment also charged Lewis with assault in the third degree, a violation of § 13A-6-22, Ala.Code 1975. However, this charge was nol-prossed by the State.”
Sullens v. State, 878 So. 2d 1216 (Ala. Crim. App. 2003).
T.D.F. v. State, 264 So. 3d 108 (Ala. Crim. App. 2018).
Watson v. State, 497 So. 2d 207 (Ala. Crim. App. 1986).
Pitts v. City of Auburn, 695 So. 2d 236 (Ala. Crim. App. 1996).
— Ala. Code § 13A-6-22(a)(l) — 10 cases
Shelly v. Alabama Dep't of Corr., 109 So. 3d 1145 (Ala. Crim. App. 2012).
T.D.T. v. State, 745 So. 2d 899 (Ala. 1999).
Brown v. State, 737 So. 2d 487 (Ala. Crim. App. 1999).
Cook v. State, 637 So. 2d 229 (Ala. Crim. App. 1994).
Pitts v. City of Auburn, 695 So. 2d 236 (Ala. Crim. App. 1996).
— Ala. Code § 13A-6-22(b) — 3 cases
United States v. Leland Schneider, 905 F.3d 1088 (8th Cir. 2018). “Ala. Code § 13A-6-22(a)(2) (defining simple assault); Colo.”
Gargis v. State, 998 So. 2d 1092 (Ala. Crim. App. 2007). “Under count I, Big Tony was convicted of the lesser offense of third-degree *1095 assault, a violation of § 13A-6-22, Ala. Code 1975, and was sentenced to one year in the Colbert County jail.”
Lee v. State, 727 So. 2d 887 (Ala. Crim. App. 1998).
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