Being charged with domestic violence in Alabama can result in severe penalties including fines, jail time, and a permanent criminal record. These consequences can significantly impact your personal and professional life, and facing domestic violence charges is one of the most difficult things a person can go through. If you find yourself in this situation in Alabama, we can help.
If you have been accused of domestic violence, it is important to take the situation seriously and seek legal help immediately. For help in Alabama, reach out to Jaffe, Hanle, Whisonant & Knight, P.C. to schedule a free consultation with an Alabama domestic violence lawyer. Call us today at (205) 930-9800.
How Jaffe, Hanle, Whisonant & Knight, P.C. Can Help If You’re Arrested for Domestic Violence
If you’ve been arrested for domestic violence in Alabama, Jaffe, Hanle, Whisonant & Knight, P.C. is dedicated to providing you with legal support as you navigate this challenging time. Here’s how we can assist you:
- Investigation: We thoroughly evaluate all aspects of your case, including evidence presented by the prosecution, witness statements, and relevant Alabama laws. This detailed analysis allows us to identify strengths and weaknesses, building the best case possible to defend you.
- Support and guidance: We understand that being accused of domestic violence can be emotionally overwhelming. Our team provides compassionate support and guidance, helping you navigate the legal system and address any personal challenges you may face.
- Negotiation and representation: We are well-versed in negotiating with prosecutors and may be able to secure a favorable plea deal or have your charges reduced or dismissed. In cases that do go to trial, we provide aggressive representation and fight for your rights in front of a judge and jury.
We recognize the impact a domestic violence charge in Alabama can have on your life and reputation. Let us help you fight back. Contact Jaffe, Hanle, Whisonant & Knight, P.C. to schedule a free consultation with an Alabama criminal defense attorney.
Overview of Domestic Violence in Alabama
In Alabama, domestic violence covers many different types of behavior, including abuse, assault, harassment, and threats. These offenses occur between specific relationships such as current or former spouses, parents, and children, individuals who have a child in common, household members, or those engaged in a romantic relationship, including a dating relationship or engagement.
Categories of Domestic Violence Charges
Defendants facing domestic violence charges in Alabama need to understand the serious implications of such accusations, as well as the legal processes and potential consequences involved. Below are the categories of domestic violence charges in Alabama:
- First-degree domestic violence: First-degree domestic violence is classified as a Class A felony in Alabama. Charges in this category involve serious offenses like first-degree aggravated stalking or aggravated assault.
- Second-degree domestic violence: As a Class B felony, second-degree domestic violence includes crimes such as second-degree assault, burglary, or regular stalking.
- Third-degree domestic violence: As a Class A misdemeanor, third-degree charges can involve reckless endangerment, harassment, or criminal trespass.
Each degree of domestic violence has its distinct elements and consequences, reflecting the severity of the crime.
Police Response and Arrest Considerations
When responding to reports of domestic violence involving both parties having injuries, police officers assess each person involved to determine the main aggressor. Their evaluation considers factors like any previous incidents, the severity and nature of injuries, potential risk for future harm, and elements of self-defense.
Typically, officers will arrest the person deemed to be the predominant aggressor; however, depending on the circumstances, it’s possible for both parties to be detained and arrested.
What Are the Penalties For Domestic Violence in Alabama?
Defendants facing domestic abuse charges in Alabama should be aware of the serious penalties that accompany a conviction. Generally, the penalties include the following:
- First-degree domestic violence: First-degree domestic violence is the most serious category, carrying severe consequences. If convicted of a Class A felony, the individual faces long-term imprisonment ranging from 10 to 99 years or even life. If this is a repeat offense, the domestic violence law requires them to serve at least one year in jail. Additionally, if the crime occurs while violating a protective order, the penalty can be doubled, further emphasizing the gravity of the situation.
- Second-degree domestic violence: For second-degree domestic violence, a Class B felony, the punishment can lead to a prison term of up to 20 years. If someone commits a second offense, the judicial system mandates a minimum of six months in prison before parole is even considered. Also, violating restraining orders makes the minimum sentence twice as long.
- Third-degree domestic violence: When criminally charged with third-degree domestic violence, a Class A misdemeanor, the consequences could include up to 12 months in jail. If you violate a protection order, there is a mandatory jail time of at least one month.
Defendants should understand the significant repercussions of domestic violence charges in Alabama and the importance of seeking experienced legal representation to help them fight back.
Collateral Consequences in Domestic Violence Cases
Defendants in domestic violence cases must be aware of the collateral consequences that can extend beyond the immediate legal penalties. Common ones include:
- Employment challenges: Domestic violence charges can affect your job. Employers often conduct background checks, and a charge or conviction might impact your employment status or future job opportunities.
- Housing issues: A domestic violence conviction could make renting a home difficult. Landlords might be hesitant to offer leases to individuals with these records.
- Custody complications: Domestic violence charges can influence child custody arrangements. Courts prioritize child safety, and a conviction might affect your custody or visitation rights.
- Impact on relationships: Your personal relationships could suffer due to domestic violence allegations. Friends and family might distance themselves, and trust issues can arise.
- Financial strain: Legal fees, fines, and potential loss of employment can cause financial pressure.
For defendants facing domestic violence charges, understanding and addressing these collateral consequences is crucial to moving forward and rebuilding their lives.
What Defenses Can Be Raised If I’m Arrested For Domestic Violence?
Facing charges of domestic violence is undoubtedly stressful, but understanding your rights and possible defenses can provide some relief. Below are some of the most common defenses that could be raised in your case:
- Self-defense: One possible defense is proving that your actions were taken in self-defense. This means you must demonstrate that you feared for your safety and responded in a reasonable manner to protect yourself. It’s important to provide clear evidence and witness testimony when claiming self-defense to support your story.
- False accusations: Another defense involves claiming false accusations. Sometimes, individuals are falsely accused of domestic violence due to misunderstandings or to gain leverage in legal battles such as custody disputes. If you believe you have been wrongfully accused, gathering evidence and working with a skilled domestic violence attorney can help clarify the situation.
- Lack of evidence: Challenging the amount of evidence is also a viable defense. The prosecution must prove its case beyond a reasonable doubt. If the evidence against you is weak or insufficient, your criminal defense attorney can argue that the charges should be reduced or dismissed altogether, or you could end up being found not guilty after trial.
- Consent: Consent may also be a defense in certain cases. If the alleged victim consented to an act that’s later construed as domestic violence, it’s important to document and present evidence supporting this claim.
Seeking help from a knowledgeable legal professional can make all the difference in effectively defending against domestic violence charges.
Schedule a Free Case Evaluation With Our Alabama Domestic Violence Lawyer
If you’re facing domestic violence charges, reaching out for legal support is a crucial step. Our lawyers are here to help you understand your options and build a strong defense. We offer a free case evaluation to discuss the specifics of your situation and provide guidance on moving forward. During this evaluation, we’ll listen to your concerns, answer any questions you may have, and outline the best defense strategies. Contact Jaffe, Hanle, Whisonant & Knight, P.C. to schedule a free consultation with an Alabama domestic violence lawyer. Call today at (205) 930-9800.