Alabama Domestic Violence Defense

Involved in a Domestic Violence Dispute in Alabama?

Qualified Alabama criminal defense attorneys have the knowledge, skill and experience that will provide you with the best possible defense for your case

Facing Domestic Violence Charges

The immediate need of a defense attorney after being arrested for a domestic violence dispute is no simple matter. If you are being charged with domestic violence, this complicated matter can certainly make you feel as if there are no solutions to your situation. In many cases, a domestic violence defendant can face being ordered to leave his or her home; being prohibited to visit or even see his or her children; and can even demand imprisonment. While these are some of the most severe results of being charged with domestic violence, they are nonetheless common results. In many cases, defendants will also run the risk of losing his or her employment. This is particularly true if the defendant works in the justice field or public sector.

If you have been accused and charged with domestic violence, an expert attorney can champion for your rights. A criminal defense attorney will see that the charges you are facing fit your crime. Further, he or she will fight to protect your rights and see these rights are upheld and protected.

Domestic Violence

The United States Department of Justice website defines domestic violence as being a recurring behavior which is abusive in a relationship. This abusive behavior is typically caused by one individual on to the other in order to be controlling or gain power over him or her. Domestic violence can take many forms. It can be sexual abuse, or even economic abuse. Domestic violence can also be psychological abuse. Threatening, which negatively influences a victim, can also be considered domestic violence. The most commonly known form of domestic violence is physical, however, in which on partner physically hurts or injures the other. In domestic violence disputes, abusive patterns of behavior can include, but are not limited to:

• A recurring humiliation of an individual;
• Purposefully terrorizing or coercing the other individual; and/or
• Repeatedly intimidating and manipulating a victim.

While domestic violence is most commonly initiated between intimate partners, domestic violence can also be a charge concerning anyone who lives under the same household. For example, domestic violence can happen between parents and children, grandparents, or any other individual who lives in the same property. No relation to the individual is necessary.

What Are The Alabama Penalties If You Are Charged?

If you are officially determined guilty in domestic violence charges, Alabama penalties range from a misdemeanor to felony classification in five basic DV categories:

• First Degree Domestic Violence. The crime of assault in the first degree or aggravated stalking fall into this category, and the classification itself is a Class A felony. The possible sentence is 10-99 years, or life in prison, and if convicted, the defendant must serve a minimum term of imprisonment of one year without consideration of probation, parole, good time credits, or any other reduction in time for any second or subsequent conviction under this subsection.If the defendant willfully violates a protection order issued by a court of competent jurisdiction, and in the process, commits domestic violence in the first degree, the sentence will automatically be doubled.
• Second Degree Domestic Violence. The crime of assault in the second degree, intimidating a witness, stalking, burglary in the second or third degree, or the crime of criminal mischief in the first degree fall into this category, and domestic violence in the second degree itself is a Class B felony. If convicted, this crimes carries the possible sentence of 2-20 years, and the defendant shall serve a minimum term of imprisonment of six months without consideration of probation, parole, good time credits, or any reduction in time for any second or subsequent conviction under this subsection. As with first degree domestic violence crimes, should the willfully violate a protection order issued by a court of competent jurisdiction, and in the process, commits domestic violence in the first or second degree, the sentence will automatically be doubled.
• Third Degree Domestic Violence. The crime of assault in the third degree, menacing, reckless endangerment, criminal coercion, harassment, criminal surveillance, harassing communications, criminal trespass in the third degree, criminal mischief in the second or third degree, or the crime of arson in the third degree are all third degree domestic violence offenses. Individually, each of these offenses are Class A misdemeanors and the sentence in the county jail cannot be for more than one year, however, committing multiple crimes in the class--or committing one of these in addition to Second or First Degree Domestic Violence crimes will raise the sentence. For a single offense, however, the minimum term of imprisonment imposed “shall be 30 days 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.”
• Interference With a Domestic Violence Emergency Call. If a person intentionally hinders, obstructs, disconnects, or in any way prevents the victim from calling for assistance, this is considered a Class B misdemeanor, and the sentence cannot be for more than 6 months.
• Domestic Violence by Strangulation or Suffocation. Domestic violence by strangulation or suffocation is a Class B felony and the possible sentence is 2-20 years.

Facing Wrongful Domestic Violence Accusations

Unfortunately, there are countless situations in which one individual wrongfully accuses his or her partner of committing domestic violence. Aggrieved partners are able to make a simple accusation that will spark an investigation, which can ultimately change a person’s life. When feeling angry or betrayed, a resentful partner can make a wrongful accusation in an attempt to get revenge. Messy divorces or separations can often be a difficult situation to experience and if children are involved, it is common to see false accusations arise due to the attempt to gain sole custody of the children. These types of cases can quickly become very stressful and traumatic. A dangerous battle of hearsay can take a complete hold on your entire life. False accusations can be common and if this is your case, contacting an expert attorney can help overturn your case.

The Repercussions of Being Accused of Domestic Violence

Being charged with domestic violence can be one of the most devastating crimes you can be charged with. If you have been accused and charged with domestic violence, it is important that you know that this type of case can affect your employment. It can also affect any future employments and/or promotions. Hiring a qualified attorney who has experience in the matter can greatly benefit your case. An expert attorney will be able to determine if the charges filed against you fit your actions. He or she will also be able to see that your civil rights are being upheld.

If you have been blamed and charged with domestic violence, the implications of such can take an immediate effect on your life. Before you are legally convicted, you can be forced to move out of your home and you can also be prohibited to have contact with your children, if they are underage. Many domestic violence convictions can indicate a denial or severe visiting limitations with your children. In the worst cases, a conviction can implicate a complete loss your child’s custody. In addition to losing parental rights, a domestic violence defendant can be imprisoned, pay fines or post bail, be ordered to enroll in anger management programs, counseling, or even be placed in probation.

Defend Your Case

Being charged with domestic violence can have serious and immediate consequences. Unbeknown to many defendants, investigations can begin immediately without the need of much evidence. It is important that you begin working on your defense case sooner, rather than later. Don’t wait until it becomes harder to prove your case, begin defending your case immediately. Hiring an expert criminal defense attorney can be beneficial to your case. False accusations can happen to anyone, and even if that is not your case, you still have rights that can and should be protected. A qualified attorney should be knowledgeable and experienced in investigating the complications and difficulties of a domestic violence case. A professional attorney will also be sympathetic to the emotional nature of the case. A qualified criminal defense attorney will have the knowledge, skill and experience that will provide you with the best possible defense to your case.