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domestic violence
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Domestic violence is a problem that
affects every community across the country. It crosses all races,
social and economic backgrounds, cultures, religions and relationship
types.
Domestic violence can occur in any relationship; it does not
differentiate - men, women, domestic partners, grandparents, and
juveniles can be charged under the domestic violence laws. Whatever the
relationship, you stand a good chance of landing in jail.
Domestic Violence includes:
- Physical
Assaults
- Sexual Assault
- Threats
- Intimidation
- Emotional abuse
- Psychological abuse
- Manipulation of
children
- Economic control
- Destruction of property
If you are charged with a misdemeanor, your case will be heard before a
judge only; however, if you are charged with a felony, your case will
be heard before both a judge and jury. Domestic violence laws are
extremely burdensome on those charged with domestic violence in Alabama
and have the potential to seriously upset your life and your future. A
conviction can require you to have to pay restitution to the victim, go
to counseling, spend time in jail, pay a large fine, and/or participate
in community service. A conviction will also have a huge impact on your
personal life and professional career. In addition, a conviction may
affect custody of your children and the right to possess firearms –
even if you’re a hunter or avid gun collector.
If you
have been charged with a domestic violence offense, contact
attorney Steven F. Long who is very familiar with the domestic violence
laws in Alabama and will fight to make sure that your future and
reputation are protected against a domestic violence charge. Please contact Attorney Steven F. Long by clicking DOMESTIC VIOLENCE, to discuss any specific and further questions you may have.
Section 13A-6-130 Code of Alabama
---- Domestic violence - First
degree.
(a) 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, and the victim is a current or
former spouse, parent, child, any person with whom the defendant has a
child in common, a present or former household member, or a person who
has or had a dating or engagement relationship with the defendant.
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. (b) The minimum term of imprisonment imposed under
subsection (a) shall be double without consideration of probation,
parole, good time credits, or any 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 first degree.
Section 13A-6-131 Code of Alabama
----- Domestic violence - Second
degree.
(a) 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, and the victim is a current or
former spouse, parent, child, any person with whom the defendant has a
child in common, a present or former household member, or a person who
has or had a dating or engagement relationship with the defendant.
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. (b) The minimum term of imprisonment imposed under
subsection (a) shall be double without consideration of probation,
parole, good time credits, or any 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 second degree.
Section 13A-6-132 Code of Alabama
---- Domestic violence - Third
degree.
(a) 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
crime of criminal coercion pursuant to Section 13A-6-25; or the crime
of harassment pursuant to subsection (a) of Section 13A-11-8; and the
victim is a current or former spouse, parent, child, any person with
whom the defendant has a child in common, a present or former household
member, or a person who has or had a dating or engagement relationship
with the defendant. Domestic violence in the third degree is a Class A
misdemeanor, except the defendant shall serve a minimum term of
imprisonment of 48 hours in a city or county jail or detention facility
without consideration of reduction in time for any second or subsequent
conviction under this subsection. (b) The minimum term of imprisonment
imposed under subsection (a) shall be double 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.
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