Birmingham AL Domestic Violence Lawyer
Being accused of Domestic Violence in Alabama is a serious matter. A conviction for a domestic violence offense could result in jail time, loss of the ability to own a firearm, child custody limitations, high fines, long probationary terms, and loss of employment among other penalties.
Fortunately, being accused of domestic violence does not mean you automatically will be convicted. The Alabama criminal defense lawyers at Polson & Polson have extensive experience and training in defending those accused of this serious crime.
The experienced attorneys at Polson & Polson travel throughout the entire state of Alabama to defend those citizens accused of domestic violence in any court in any county.
The Alabama domestic violence attorneys at Polson & Polson are ready to defend your criminal case in the following courtrooms:
- Birmingham Metro Area of Jefferson and Shelby Counties
- Municipal Court of Birmingham
- Municipal Court of Homewood
- Municipal Court of Hoover
- Municipal Court of Mountain Brook
- Municipal Court of Vestavia Hills
- Bessemer Municipal Court
- Municipal Court of Trussville
- Municipal Court of Helena
- Municipal Court of Calera
- Municipal Court of Pelham
- Municipal Court of Chelsea
- Hueytown Municipal Court
- Municipal Court of Moody
- Municipal Court of Warrior
- Municipal Court of Kimberly
- Municipal Court of Tarrant
- Jefferson County District Court
- Shelby County District Court
- Municipal Court of Foley
- Municipal Court of Fairhope
- Municipal Court of Orange Beach
- Municipal Court of Gulf Shores
- Municipal Court of Loxley
- Municipal Court of Daphne
- Municipal Court of Auburn
- Municipal Court of Opelika
- Municipal Court of Mobile
- Municipal Court of Phenix City
- Municipal Court of Anniston
- Municipal Court of Jacksonville
- Municipal Court of Decatur
- Municipal Court of Georgiana
- Municipal Court of Brantley
- Municipal Court of Luverne
- Municipal Court of Dothan
- Municipal Court of Ozark
- Municipal Court of Troy
- Municipal Court of Huntsville
- Municipal Court of Athens
- Municipal Court of Tuscaloosa
- Municipal Court of Moulton
- Municipal Court of Selma
- Municipal Court of Montgomery
- Millbrook Municipal Court
- Municipal Court of Centre
- Municipal Court of Oneonta
- Municipal Court of Blountsville
- Municipal Court of Harpersville
- Municipal Court of Childersburg
- Municipal Court of Sylacauga
- Municipal Court of Alexander City
- Municipal Court of Wetumpka
- Lee County District Court
- Tuscaloosa County District Court
- Cullman County District Court
- Baldwin County District Court
- Pike County District Court
- Mobile County District Court
- Crenshaw County District Court
- Dallas County District Court
- Bibb County District Court
- Limestone County District Court
- Madison County District Court
- Or any other court in Alabama
What Is Domestic Violence in Alabama?
Domestic violence in Alabama is a label that is added to an underlying criminal offense. What adds the label of “domestic violence” to a separate charge in Alabama is the nature of the relationship between the accused person and the alleged victim. If 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, then the label and charge of domestic violence will be added.
However, a “household member” excludes non-romantic or non-intimate co-residents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party.
As an example, if Defendant D and Victim V get into a fight, where Defendant D punches Victim V and, as a result, Victim V receives a small cut and a black eye, Defendant D could be prosecuted for Assault 3rd. However, if Defendant D and Victim V are 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, then the label and charge of domestic violence will be added, and Defendant D would be charged with Domestic Violence-Assault 3rd.
Domestic violence charges in Alabama may be classified in numerous ways, including both misdemeanors and felonies. Offenses include Domestic Violence 1st, Domestic Violence 2nd, Domestic Violence 3rd, Domestic Violence Strangulation Suffocation and Interference With a Domestic Violence Emergency Call.
Alabama Domestic Violence 1st Degree
The criminal offense in Alabama of Domestic Violence 1st is a very serious felony with a range of penalty of 10 years to 99 years in prison, up to a $60,000 fine, and other collateral consequences including loss of voting rights, loss of your right to bear arms, possible child custody limitations, and other penalties as defined by Alabama Code Section 13A-6-130:
A person commits the crime of domestic violence in the first degree if the person commits the crime of assault in the first degree pursuant to Section 13A-6-20; aggravated stalking pursuant to Section 13A-6-91; or burglary in the first degree pursuant to Section 13A-7-5 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.
For the purposes of this section, a household member excludes non-romantic or non-intimate co-residents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party.
Domestic violence in the first degree is a Class A felony, except that the defendant shall 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.
The minimum term of imprisonment imposed under subsection (b) shall be double without consideration of probation, parole, good time credits, or any reduction in time if either of the following occurs:
(1) 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 first degree.
(2) The offense was committed in the presence of a child under the age of 14 years at the time of the offense, who is the victim’s child or step-child, the defendant’s child or step-child, or who is a child residing in or visiting the household of the victim or defendant. For purposes of this subsection, “in the presence of a child” means that the child was in a position to see or hear the act.
The court shall make a written finding of fact, to be made part of the record upon conviction or adjudication, of whether or not the act was committed in the presence of a child. If a defendant has a trial by jury and the jury finds the defendant guilty, the jury shall also render a special verdict as to whether or not the defendant committed the act in the presence of a child.
Alabama Domestic Violence 2nd
The criminal offense in Alabama of Domestic Violence 2nd is a very serious felony with a range of penalty of 2 years to 20 years in prison, up to a $30,000 fine, and other collateral consequences including loss of voting rights, loss of your right to bear arms, possible child custody restrictions, and other penalties as defined by Alabama Code Section 13A-6-131:
A person commits the crime of domestic violence in the second degree if the person commits the crime of assault in the second degree pursuant to Section 13A-6-21; the crime of intimidating a witness pursuant to Section 13A-10-123; the crime of stalking pursuant to Section 13A-6-90; the crime of burglary in the second or third degree pursuant to Sections 13A-7-6 and 13A-7-7; or the crime of criminal mischief in the first degree pursuant to Section 13A-7-21, 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.
For the purposes of this section, a household member excludes non-romantic or non-intimate co-residents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party.
Domestic violence in the second degree is a Class B felony, except 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.
The minimum term of imprisonment imposed under subsection (b) shall be double without consideration of probation, parole, good time credits, or any reduction in time if either of the following applies:
(1) 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 second degree.
(2) The offense was committed in the presence of a child under the age of 14 years at the time of the offense, who is the victim’s child or step-child, the defendant’s child or step-child, or who is a child residing in or visiting the household of the victim or defendant. For purposes of this subsection, “in the presence of a child” means that the child was in a position to see or hear the act.
The court shall make a written finding of fact, to be made part of the record upon conviction or adjudication, of whether or not the act was committed in the presence of a child. If a defendant has a trial by jury and the jury finds the defendant guilty, the jury shall also render a special verdict as to whether or not the defendant committed the act in the presence of a child.
Domestic Violence 3rd in Alabama
Domestic Violence 3rd is one of the most common domestic violence offenses prosecuted in Alabama. Domestic Violence 3rd is a Class A misdemeanor (unless a third or subsequent Domestic Violence 3rd offense or prior felony domestic violence conviction, thereby the charge is a class C Felony) and is typically prosecuted in a municipal court, as municipal police tend to make most of these type of arrests.
But sometimes Domestic Violence 3rd is prosecuted in State District Court if the arrest was made by a county deputy or State Trooper. The range of penalty for Domestic Violence 3rd is up to 365 days in jail, up to a $6000 fine (capped at 180 days in jail and $500 fine if in municipal court), along with other collateral consequences such as a loss of the right to bear arms.
Domestic Violence 3rd in Alabama is defined by Alabama Code Section 13A-6-132 as:
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 cri
munications pursuant to subsection (b) of Section 13A-11-8; the crime of criminal trespass in the third degree pursuant to Section 13A-7-4; the crime of criminal mischief in the second or third degree pursuant to Sections 13A-7-22 and 13A-7-23; or the crime of arson in the third degree pursuant to Section 13A-7-43; 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.
For the purpose of this section, a household member excludes non-romantic or non-intimate co-residents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party.
Domestic violence in the third degree is a Class A misdemeanor. The minimum term of imprisonment imposed under subsection (a) 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.
A second conviction under subsection (a) is a Class A misdemeanor, except the defendant shall serve a minimum term of imprisonment of 10 days in a city or county jail or detention facility without consideration for any reduction in time.
A third or subsequent conviction under subsection (a) is a Class C felony.
If the defendant has a previous conviction for domestic violence in the first degree pursuant to Section 13A-6-130, domestic violence in the second degree pursuant to Section 13A-6-131, domestic violence by strangulation or suffocation pursuant to Section 13A-6-138, or a domestic violence conviction or other substantially similar conviction from another state or jurisdiction, a conviction under subsection (a) is a Class C felony.
For purposes of determining second, third, or subsequent number of convictions, convictions in municipal court shall be included.
Alabama Domestic Violence by Strangulation or Suffocation
Alabama criminal laws have enhanced punishment for conduct whereby there is accusation that the alleged victim was strangled or suffocated during a domestic violence event. Alabama Domestic Violence by Strangulation or Suffocation is a felony punishable by range of penalty between 2 years to 20 years in prison and up to a $30,000 fine along with other collateral consequences of loss of right to vote, 2nd Amendment right to bear arms, possible custody restrictions and others. Alabama Domestic Violence by Strangulation or Suffocation is defined by Alabama Code Section 13A-6-138 as:
A person commits the crime of domestic violence by strangulation or suffocation if he or she commits an assault with intent to cause physical harm or commits the crime of menacing pursuant to Section 13A-6-23, by strangulation or suffocation or attempted strangulation or suffocation 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. For the purpose of this section, a household member excludes non-romantic or non-intimate co-residents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party.
Domestic violence by strangulation or suffocation is a Class B felony punishable as provided by law.
For the purposes of this section, the following terms have the following meanings:
(1) STRANGULATION. Intentionally causing asphyxia by closure or compression of the blood vessels or air passages of the neck as a result of external pressure on the neck.
(2) SUFFOCATION. Intentionally causing asphyxia by depriving a person of air or by preventing a person from breathing through the inhalation of toxic gases or by blocking or obstructing the airway of a person, by any means other than by strangulation.
Alabama Criminal Offense of Interference With a Domestic Violence Emergency Call
Alabama Domestic Violence laws have criminalized interfering with someone making a 911/call to the police, during a domestic violence emergency. This offense is punishable by up to 180 days in jail and up to a $3000 fine ($500 if in municipal court). Alabama Code Section 13A-6-137 defines Interference with a domestic violence emergency call as:
A person commits the crime of interference with a domestic violence emergency call if he or she intentionally hinders, obstructs, disconnects, or in any way prevents the victim from calling for assistance.
Interference with a domestic violence emergency call is a Class B misdemeanor.
