In this article, we’re exploring and understanding what exactly domestic violence is considered to be in Alabama. As well as the punishments an aggressor will face, and what you can do to help yourself if you’re facing domestic violence charges.
In Alabama, domestic violence laws are in place to protect certain acts of physical violence between a victim and an aggressor. More specifically, this includes between a husband and wife, partners, parents and children, and other domestic relationships.
For someone to be found guilty of domestic violence, there are two main criteria that have to be met as defined by the statute:
- Committing an act of violence
- Sharing a certain relationship with the victim
Domestic violence is split into 3 categories of degrees under Alabama Law. As well as a felony charge of domestic violence if it involves suffocation or strangulation.
The criteria for each of these types of domestic violence are as follows:
First Degree Domestic Violence
First degree domestic violence is the most serious type of domestic violence. Section 13A-6-130 of the Code of Alabama defines first degree domestic violence as:
- Committing a crime of assault in the first degree
- Aggravated stalking
- Intent to cause serious physical injury
- Causing harm with a dangerous or deadly weapon
Second Degree Domestic Violence
The Code of Alabama §13A-6-131 defines Second degree domestic violence as:
- Committing a crime of assault in the second degree
- Intimidating a witness
- Stalking (not aggravated)
- Burglary in the second or third degree
- Criminal mischief in the first degree
Third Degree Domestic Violence
The Code of Alabama §13A-6-132 defines Third degree domestic violence as:
- Committing a crime of assault in the second degree
- Menacing
- Reckless endangerment
- Criminal coercion
- Harassment
Domestic Violence by Strangulation or Suffocation
Domestic violence by strangulation or suffocation carries separate charges. The Code of Alabama §13A-6-138 defines this offense as:
- Strangulation – Intentionally causing asphyxia. As a result of closure or compression of the blood vessels or air passages of the neck as a result of external pressure on the neck.
- 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.
Penalties for Domestic Violence in Alabama
Punishments are harsh in Alabama if convicted of domestic abuse. Moreover, penalties also escalate quickly for subsequent offenses.
To make a determination on the appropriate punishment, a judge will look at your personal circumstances. As well as taking into account any prior acts of domestic violence.
The possible punishments for each type of domestic violence are:
First Degree Domestic Violence
First degree domestic violence is a Class A Felony. This is a very serious charge and can carry a maximum of 99 years or life in prison. If found guilty, you will have to serve a minimum of one year in prison if you have priors.
Second Degree Domestic Violence
Second degree domestic violence is a Class B Felony. If found guilty, you face up to 20 years in prison. If you have prior convictions, you will have to serve at least 6 months in prison and face some other penalties.
Third Degree Domestic Violence
Third degree domestic violence is a Class A misdemeanor. So if found guilty, you face up to 1 year in jail. If you have prior convictions you will have to serve at least 10 days in jail.
Strangulation or Suffocation
Domestic violence by strangulation or suffocation is also a Class B Felony like second degree domestic violence. Therefore, it carries the same punishments.
There are also fines and court costs that can be imposed for any of these convictions.
Protection Orders
Protection orders (PO) are legal documents that a court will sometimes issue. Moreover, they set out specific conditions one party must follow in a domestic violence case.
POs serve to protect a victim from further abuse and acts of violence. In addition, anyone can file for a PO if they’ve been a victim of abuse and are fearful of further harm.
Generally, this gives the victim the opportunity to seek protection immediately. Typically, they will present their evidence to a judge. The judge will then grant a PO if they feel although the victim is at risk of further harm.
A date will be set for an official hearing. At the hearing, the accused aggressor will be able to defend themselves. Then, the case will either be resolved and no further action will be taken, or a judge can grant a longer PO.
Punishments for Violating a Protective Order
If an aggressor violates the conditions set out in a PO, they can be arrested without the need for a warrant.
Unless there are conditions specific to an individual case, the typical punishments for violating a PO are:
First offense – A Class A Misdemeanor and carries a sentence of up to one year in jail and/or $6,000 in fines.
Second offense – Generally, the aggressor remains in jail for 48 hours while the case faces review and the court decides the appropriate punishment.
Third and subsequent offenses – Aggressors face a minimum of 30 days jail time. Also, there will be additional punishments based on the circumstances of the violation.
We’re Here To Help
If you have been charged with domestic violence, we’re here to help. At LaPlante, Merritt, Faulkner, Wilson & Clay, LLC, we have a number of lawyers experienced in defending domestic violence cases.
We understand these are often emotionally-fueled charges. However, it’s important you keep a calm head and do what’s right for you and your family.
Speak with one of our attorneys before talking to the police. We will provide legal advice to strengthen your defense and advise you of what to do next.
Call us at (256) 236-7354 to schedule a consultation and learn more about how we can help you beat these charges and get your life back to normal as soon as possible.