Domestic Violence: Various Degrees Within DV Laws in Alabama
The state legislature in Alabama has divided domestic violence (DV) crimes into several categories for which prohibited criminal conduct (in family violence situations) is described. This description is of critical importance, because criminal laws must clearly notify citizens of what conduct is prohibited.
By setting up a hierarchy for misdemeanor or felony crimes, the Alabama lawmakers outlined the corresponding punishments that can follow being convicted. The "degree' of the crime corresponds with the seriousness of the charge. Misdemeanors in Alabama can carry up to 1 year in jail, and felonies are crimes for which 1 year and 1 day (or more) is the typical incarceration period.
Interestingly, a second-degree domestic violence felony is limited to 6 months of jail time. The law also states that this jail time is without consideration of probation, parole, or good time credit, which means the judge can make you sit and think about your conduct for the full term.
These charges are delineated as follows:
- Domestic violence 1st degree involves either an act of first-degree assault or aggravated stalking.
- Domestic violence 2nd degree Alabama involves non-aggravated stalking, witness intimidation, second or third-degree burglary or first-degree criminal mischief. This is a Class B felony Alabama that carries 2 years to 20 years, and fines of up to $30,000.
- Domestic violence 3rd degree involves acts of menacing, third-degree assault, criminal coercion, harassment, reckless endangerment, third degree criminal trespass, third degree arson or second degree or third-degree criminal mischief
- A knowledgeable Alabama domestic violence attorney can aid in assessing the severity of the degree of which an individual was charged and prepare a robust defense to help reduce any potential penalties faced.
What is a Domestic Relationship in Alabama?
New domestic violence laws in Alabama have updated various code section descriptions and guidelines of applicability. According to the domestic violence Alabama Code § 13A 6 132, for a charge of domestic violence to be issued, the aggressive conduct involved by the accused must have occurred between the victim and the accused, both of whom are part of one of the following domestic relationships:
- Current or former spouse, parent, child or who had a dating or engagement relationship.
- Parties currently or formerly engaged to be married
- Current or former spouses
- Parents and children
- Parents or divorced co-parents of a child or stepchild of that union
- Current or former members of the same household
- A person commits domestic violence in the third degree if the person commits the crime of assault in the third degree pursuant to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section 13A-6-25; or the crime of harassment pursuant to subsection (a) of Section 13A-11-8; and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant. Domestic violence in the third degree is a Class A misdemeanor, except the defendant shall serve a minimum term of imprisonment of 48 hours in a city or county jail or detention facility without consideration of reduction in time for any second or subsequent conviction under this subsection.
- The minimum term of imprisonment imposed under subsection (a) shall be double without consideration of reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the third degree.
- If you are facing a charge within this category, there is no room for delay in developing your defense, and an Alabama domestic violence lawyer is prepared to work with you to fight for justice.
When a Person Knowingly Enters or Remains Unlawfully in a Dwelling, an Unoccupied Building or Occupied Building With the Intent to Commit a Crime Therein. the Definition Can Be Gleaned From Reading Alabama Code Section 13A-7-7 (Below).Burglary in the Third degree
(a) A person commits the crime of burglary in the third degree if any of the following occur:
- He or she knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime therein;
- He or she knowingly enters or remains unlawfully in an occupied building with the intent to commit a crime therein; or
- He or she knowingly enters or remains unlawfully in an unoccupied building with the intent to commit a crime therein.
(b) Burglary in the third degree is a Class C felony.Obtain a Free Domestic Violence Consultation Today
Almost no other criminal cases move as FAST as a CDV case in Alabama. Your criminal defense lawyer near me must act quickly to try to “control” as many factors in that misdemeanor or felony case as quickly as possible. That is why our phones, text messages and emails are monitored 24 hours a day.
Criminal law does not allow for a margin for error when injunctive relief (a TRO or temporary restraining order) is imminent, in many cases. Ideally, a client will hire us before a Judge hears facts at an ex parte hearing. The sooner a DV lawyer near me is retained, the greater the chances that the accused person arrested by police can avoid sitting behind bars and possibly achieve a positive outcome.
In Alabama CDV cases, a criminal defense attorney can help you mitigate punishments in many domestic violence prosecutions. The devastating impact that a conviction can have on your life and the lives of your children or other family members cannot be overstated.
Call today to obtain a FREE lawyer consultation by dialing (205) 871-8838 or (205) 222-4544 after normal business hours or text “domestic violence consultation” to (205) 401-3171.