I also believe I am about to be evicted from my apartment. Do I have any recourse in this matter. It was actually more of a screaming battle which she added information to like I hit her, assaulted her, hurt her back etc. I myself weigh less than she does, have had 5 back surgeries and cannot even stand but a few minutes every time I'm up. I am in pain management and take daily medications for this. She also takes pain medication but plays one doctor against another so she can get two prescriptions each month of Norco and Ativan.
Sorry to hear about this. It is very tough to answer your broad question of "what does this mean" both in the criminal context and in the eviction arena. I would say it first matters what the police report says and what your lease or rental agreement says. Hire an attorney for both issues. You do not want a criminal conviction and you do not want to be evicted. Both will make your life much more difficult than even your back condition.
You definitely need to fight this with a good criminal defense attorney. If it's recent, you may want your attorney to have a preliminary hearing and cross examine her. Assault 3rd does carry the potential of jail time.
Assault in the third degree is a class A misdemeanor in Alabama. It is defined in Alabama Code Section 13A-6-22. It can be committed in several different ways, but essentially if you intentionally inflicted 'physical injury' on somebody else, you have committed assault 3rd. Physical injury means impairing a physical condition (like breaking a bone), or inflicting substantial pain (a bruise, maybe?). You are probably charged in municipal court, as your question says you are from Rainbow City, Alabama. If you are in municipal court there, Judge Haney can give you a fine of up to $500, or put you in jail for up to 6 months. If you don't live in town, but live in the county, the district court judge can give you a maximum fine of $6000, and a jail sentence of up to 1 year. Yes...you definitely need a lawyer to help you with this. Regarding the eviction...you haven't told us enough. Regarding the whole situation...my goodness there's a lot of drama going on here.
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