Domestic Violence 3rd Degree: Alabama DV Third or AL CDV 3rd
By: Whitney Polson, Partner in the Criminal Defense Lawyer Office of Polson Law Firm in Metro Birmingham AL
These AL domestic violence laws are far different from other southern states like South Carolina, Georgia, or Mississippi. Each jurisdiction writes and enacts its own statutes. So, Alabama domestic violence laws 2017 can be dramatically different from other states' criminal domestic violence (CDV) laws. To simplify the purpose of the law, the parties will typically be a spouse, parent, child, or other person who shared a dwelling place with the accused person.
An Assault Third Degree CDV charge. In Alabama, domestic violence in the third degree occurs when certain types of physical conduct occur between individuals who are involved (or were previously involved) in one of several distinct sorts of domestic relationships. Being arrested and taken to a city or county jail or detention facility can occur without consideration of both side of the story.
New AL domestic violence laws modified the Alabama domestic violence 3rd offense provisions relating to certain types of assault, harassment, menacing, criminal mischief, criminal trespass, reckless endangerment and/or criminal surveillance. An Alabama domestic violence in the third degree constitutes a Class A misdemeanor.
Alabama domestic violence law violations apply to some extremely volatile crimes, especially for a 1st degree domestic assault. Taking out a temporary restraining order deals with sensitive issues since jail is likely. Often, the charge puts a loved one in the county jail or detention facility
Taking this legal action can create a huge rift between related parties. Because other Alabama laws permits an aggrieved party to seek your arrest without the necessity of a warrant under Alabama Code 13A-6-134, even a misdemeanor domestic violence 3rd Alabama can put you behind bars.
When domestic violence Alabama relationship abuse involves intervention by a judge and a court, mandatory adjustments in how the parties' relationship will continue are common. So, if a person can avoid domestic abuse 3rd degree crimes, he or she will not be told where to go and NOT go, and what to not do.
Domestic violence charges are sometimes referred to as domestic violence third degree assault offenses. This is because assault entails incorrigible or disagreeable interpersonal interactions with people close to you that fall short of inflicting physical harm, but which are destructive. Once the criminal action is started, extensive examination by a judge will be required. This includes a review of the facts leading up to the event in question, inquiry into the nature of the relationship at issue, and any prior unlawful relationship conduct between these parties.
Consequences of a third-degree domestic violence conviction can be very severe, whether the specific offense at issue is classified as a misdemeanor or a felony, with guilty findings regularly resulting in jail time, costly fines and more. A Class B felony Alabama on a Domestic Violence 2nd degree can put a person behind bars for 20 years, for example.9 Common Alabama Domestic Violence Questions and Answers
- Is domestic violence 3rd degree a felony in Alabama? Possibly for repeat offenders, see below.
- Is domestic violence 3rd degree in Alabama a misdemeanor? Yes, but when a person violates a protection order, some minimum, mandatory jail time will be imposed of not less than 30 days.
- Can you drop domestic violence charges in Alabama? Possibly, but not always.
- What are the various domestic violence degrees in AL?1st, 2nd and 3rd. Only domestic violence 3 is a misdemeanor.
- Did the new Alabama domestic violence laws 2016 alter current law? No.
- How can I find the 3rd degree domestic violence definition? The next section gives that to you.
- Can a person still have a misdemeanor after 3 domestic violence charges? Possibly, but a 3rd domestic violence event would involve stiffer jail time and other penalties, depending on prior convictions of any other crimes.
- How long do you go to jail for domestic violence? For felonies, it can be for decades. For misdemeanors, for up to 180 days or one year, depending upon which court is handling your case.
- What does domestic violence 3rd degree mean? Domestic violence third degree cases are the least serious under Alabama law but can result in being incarcerated.
What is domestic battery 3rd degree? These CDV cases can be prosecuted either in an Alabama municipal court or be brought in an Alabama state court.
Assault third degree may be committed in four (4) different ways:
(1) Where a person has the intent to cause a physical injury to another person, and she or he causes any physical injury to another;
(2) When a person recklessly causes any physical injury to another person. An example of this might be that a person shoot a pellet gun in an unsafe manner near others and the pellet ricochets off a concrete surface and strikes a person in the eye.
(3) A 3rd way can be when commits and act of criminal negligence and (in doing so) causes physical injury to another when using a deadly weapon or other type of dangerous instrument (e.g., a bottle of acid).
(4) A 4th way this misdemeanor 3rd degree crime might occur is when a person inflicts or causes physical injury to anybody while he or she is acting with intent to prevent a peace officer or police officer from performing her or his lawful duty.
When your DV 3rd case is docketed in Municipal courts, that non-jury court can only hand out a maximum punishment of one-hundred eighty (180) days in jail time. Plus, the fine in that court would be no more than $500.
In the event the case is prosecuted in an Alabama District Court or a Circuit Court, then the maximum incarceration punishment can be up to one (1) year in jail. Also, the fine amount can go up to six thousand dollars ($6000).Domestic Violence 3rd Degree Alabama – Misdemeanor, Felony or Both?
Domestic Violence 3rd Degree is one of the most common Domestic Violence charges initiated by law enforcement in Alabama and may either be a felony or a misdemeanor. But before answering the question of what makes Domestic Violence 3rd Degree a felony in Alabama, it is helpful to know what constitutes Domestic Violence 3rd Degree under Alabama Criminal Laws.
The crime of Domestic Violence 3rd Degree under Alabama Criminal Laws is more so an added label to an underlying misdemeanor criminal offense (Assault 3rd Degree, Harassment, Menacing, Reckless Endangerment, Criminal Coercion, the crime of Criminal Surveillance, Harassing Communications, Criminal Trespass 3rd Degree, Criminal Mischief 2nd or 3rd Degree, Arson 3rd Degree) and the victim is a current or former spouse, parent, step-parent, child, step-child, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant and the victim in the case has a statutorily defined relationship with the defendant.
What distinguishes between whether Domestic Violence 3rd Degree is a Felony or Misdemeanor in Alabama, is how many previous times the defendant has been convicted on Domestic Violence 3rd Degree. Having two prior convictions for Domestic Violence 3rd Degree in Alabama enhances a third or subsequent charge of Domestic Violence 3rd Degree to a Class C felony. A first or second conviction of Domestic Violence 3rd Degree in Alabama is a Class A misdemeanor, though a second conviction does require a minimum 10-day jail sentence.Contacting a Domestic Violence Attorney Near Me in Alabama
Viable defense strategies, including self-defense, can succeed when defended by an experienced Alabama domestic violence attorney. Plus, carefully reading the text of the statute that you are accused of violating can sometimes yield grounds for a dismissal or a nolle prosequi of the charge. The Alabama appellate courts are quick to reverse a case if any of the elements of the crime are not proven at trial. Brand v. State, 960 So.2d 748 (Ala. Crim. App. 2006) [state failed to prove the dating relationship].
Time is of the essence so do not delay. The law does not give a margin for error for delaying an arrest when a Judge hears facts at an ex parte hearing. The sooner a DV lawyer is retained, the greater the chances that the accused can avoid sitting behind bars and possibly achieve a positive outcome.
At a minimum, your criminal defense attorney can help you mitigate potential domestic violence punishments. The lasting impact of a conviction on your life and that of your loved ones cannot be overstated. Call today for a FREE lawyer consultation at (205) 871-8838 or (205) 222-4544 after normal business hours or text domestic violence consultation to (205) 401-3171.
- Domestic Violence 1st Degree: What is 1st degree domestic violence?
- Second Degree Domestic Violence
- Second Degree Domestic Violence by Strangulation Suffocation