A domestic violence accusation is a serious legal matter with potentially severe consequences, including incarceration, fines, and long-term personal and professional repercussions. Alabama law categorizes domestic violence offenses into varying degrees, each carrying significant penalties. At JB Brown Criminal Trial Practice, we provide strategic and comprehensive legal representation to individuals facing these charges. Our firm is committed to upholding your rights, examining the facts of your case, and developing a strong defense to achieve the best possible outcome under the law.
Understanding Domestic Violence Charges in Alabama
Domestic violence encompasses various criminal offenses committed against a current or former spouse, partner, family member, or household member. In Alabama, these offenses are categorized into three degrees, each with specific criteria and penalties.
Domestic Violence in the First Degree (Ala. Code § 13A-6-130)
This is the most severe domestic violence charge and involves:
Aggravated Stalking: Repeatedly following or harassing another person, causing them to fear for their safety.
Domestic Violence in the First Degree is classified as a Class A felony, carrying severe penalties upon conviction.
Domestic Violence in the Second Degree (Ala. Code § 13A-6-131)
This charge includes:
Assault in the Second Degree: Intentionally causing serious physical injury to another person.
Intimidation: Threatening another person to influence their behavior or decisions.
Domestic Violence in the Second Degree is a Class B felony, resulting in significant legal consequences.
Domestic Violence in the Third Degree (Ala. Code § 13A-6-132)
The least severe charge, it involves:
Assault in the Third Degree: Causing physical injury to another person.
Menacing: Intentionally placing another person in fear of imminent serious physical injury.
Domestic Violence in the Third Degree is a Class A misdemeanor, but repeated offenses can lead to enhanced penalties.
Legal Consequences of Domestic Violence Convictions
Convictions for domestic violence in Alabama can result in:
Incarceration: Ranging from one year for misdemeanors to life imprisonment for Class A felonies.
Fines: Substantial monetary penalties, varying based on the offense’s severity.
Protective Orders: Court-issued orders restricting contact with the victim, which can impact living arrangements and child custody.
Loss of Rights: Including firearm possession restrictions and potential employment challenges.
Defending Against Domestic Violence Charges
Each domestic violence case is unique, requiring a tailored defense strategy. Potential defenses include:
Self-Defense
Arguing that actions were necessary to protect oneself from imminent harm.
False Allegations
Demonstrating that the accusations are unfounded, possibly arising from ulterior motives such as custody disputes.
Lack of Evidence
Challenging the prosecution’s evidence to establish reasonable doubt about the defendant’s guilt.
Constitutional Violations
Identifying any breaches of the defendant’s rights during the investigation or arrest, which could lead to dismissal of charges.
Why Choose JB Brown Criminal Trial Practice?
Facing domestic violence charges requires experienced legal representation. At JB Brown Criminal Trial Practice, we offer:
Personalized Defense Strategies: Crafting defenses tailored to the specific circumstances of your case.
Comprehensive Case Evaluation: Thoroughly examining all evidence to identify strengths and weaknesses.
Aggressive Representation: Vigorously defending your rights in court to achieve the best possible outcome.
Confidential Consultations: Providing a safe environment to discuss your case without judgment.
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At JB Brown Criminal Trial Practice, we’re committed to providing strategic, aggressive defense when your future is on the line. Every client matters — and every case is personal.