Were you arrested on domestic violence charges in Birmingham, AL? Have you had a restraining order filed against you? You need an experienced Birmingham domestic violence lawyer to fight to minimize the fallout. Our experienced team at Jaffe, Hanle, Whisonant & Knight, P.C. can help from day one, call us at (205) 930-9800.
We have over 100 years of combined experience in criminal defense law. We’ve successfully handled cases like yours before and know how to defend your rights.
Hiring an experienced attorney is the best way to protect yourself. Contact our domestic violence lawyers in Birmingham, Alabama, at to start building the strong defense you need today.
How Jaffe, Hanle, Whisonant & Knight, P.C. Can Help if You Were Accused of Domestic Violence in Birmingham
Alabama law provides for harsh penalties if you’re convicted of domestic violence. In addition, merely being arrested for domestic violence can wreak havoc on your life. You may be facing punishments even before you’ve had a chance to defend yourself.
You need an experienced Birmingham criminal defense lawyer to fight for you. Jaffe, Hanle, Whisonant & Knight, P.C. has a proven track record of success you can trust. We’ve been fighting for the rights of those accused of crimes in the area since 1991.
Hiring our defense team means you’ll have a trusted attorney to:
- Immediately take steps to fight a restraining order
- Interview witnesses and collect any evidence to support your case
- Challenge evidence obtained via an illegal search or seizure
- Identify all valid defense strategies
- Negotiate with prosecutors to have your charges downgraded or case dismissed
- Represent you at all hearings
- Vigorously defend you before a judge and jury if necessary
Domestic violence charges are always serious. Contact our Birmingham criminal defense attorneys to start building your defense today.
An Overview of Alabama Domestic Violence Laws
The term “domestic violence” in Alabama refers to a range of criminal offenses. Punishment for certain offenses can actually be more harsh when the victim shares a domestic relationship with the defendant. In other words, penalties are “enhanced” based on that domestic relationship.
In reality, any type of violence against a family member or romantic partner can constitute domestic violence in Alabama.
What Counts as a Domestic Relationship in Alabama?
Under Alabama law, the following relationships are specifically protected under domestic violence laws:
- Current and former spouses
- Parents and step-parents
- Children and step-children
- Someone with whom the defendant shares a child in common
- Household members with whom the defendant has a romantic or dating relationship
- Current and former romantic and dating partners
If you were charged with a crime against a domestic party, contact our lawyers in Birmingham right away. Penalties become much more severe when domestic relationships are involved. Minimum sentencing requirements may mandate prison time, even if it’s your first offense.
In Alabama, there are three categories of domestic violence charges:
Domestic Violence in the First Degree
First-degree domestic violence charges apply if you’re accused of any of the following crimes against a protected individual:
- Aggravated assault (first-degree assault) under AL Code Section 13A-6-20
- Aggravated stalking under AL Code Section 13A-6-91
- First-degree burglary
When any of these crimes are committed against a domestic party, it’s a Class A felony. For second and subsequent offenses, you’ll be sentenced to a minimum one-year prison term on conviction. The one-year term is in addition to penalties that otherwise would apply.
Domestic Violence in the Second Degree
Second-degree domestic violence charges involve the following types of underlying offenses:
- Second-degree assault
- Intimidating a witness
- Stalking
- Second-or-third degree burglary
- First-degree criminal mischief
Second-degree domestic violence is a Class B felony. In addition to otherwise applicable penalties, a conviction carries a minimum six-month prison sentence for second and subsequent offenses. The six-month minimum is doubled to one year if you were violating a protective order or committed the offense in front of a child under age 14.
Domestic Violence in the Third Degree
You can be convicted of third-degree domestic violence if the prosecution can prove you committed any of the following offenses against a domestic party:
- Third-degree assault
- Menacing
- Reckless endangerment
- Criminal coercion
- Harassment
- Surveillance
- Harassing communications
- Third-degree trespass
- Second-or-third-degree criminal mischief
- Third-degree arson
Many of these offenses don’t require any proof that you physically harmed the victim.
Third-degree domestic violence is typically a Class A misdemeanor. However, if you commit the offense while violating a protective order, a minimum 30-day jail sentence applies. A ten-day minimum sentence applies for second convictions even if no protective order was in place.
You’ll face Class C felony charges if you are convicted for a third or subsequent offense.
What Are the Possible Penalties for Domestic Violence in Birmingham?
Conviction on domestic violence charges in Alabama always carries the potential for jail time and financial penalties. Domestic violence can involve felonies or misdemeanors.
The exact nature of the penalty upon conviction will depend on:
- The severity of the underlying criminal offense
- Whether you are a first-time or repeat offender
- The presence of aggravating or mitigating factors
- Any minimum sentences required under the domestic violence laws
In the State of Alabama, the following prison sentences are possible if you’re convicted of a felony:
- Class A felony: 10 to 99 years in prison, or a life sentence
- Class B felony: between two and 20 years in prison
- Class C felony: between 366 days and 10 years in prison, unless a sex crime is involved
- Class D felony: between 366 days and five years in prison
You could be sentenced to jail even if you’re charged with a misdemeanor. Class A misdemeanors carry up to one year in jail. You could be sentenced to six months in jail for a Class B misdemeanor conviction or up to three months in jail for a Class C misdemeanor conviction.
Collateral Consequences of a Domestic Violence Conviction in Alabama
In addition to jail time, a domestic violence conviction also carries significant collateral consequences, such as:
- Probation or parole
- Losing custody of your children and other family law complications
- Restrictions imposed by an order of protection
- Damage to your reputation
- Financial penalties
- Loss of your right to own a firearm
- Immigration problems, including deportation or loss of a visa
Any criminal conviction means that you’ll have a lasting criminal record. That can make it more difficult to find employment or housing.
The Impact of Restraining Orders in Alabama
Victims of domestic abuse in Jefferson County have the right to seek protective orders. You may not even have the right to tell your side of the story before a temporary restraining order becomes effective.
If you’ve been notified that you’re subject to a TRO, contact our Birmingham domestic violence attorneys immediately. Once a temporary protective order becomes final, it’s much more difficult to challenge.
Orders or protection in Alabama can impose a variety of restrictions, including:
- Prohibitions on your right to contact the subject in any way
- Requiring you to move out of a shared residence
- Requiring you to continue providing financial support for the subject
- Prohibitions on continuing threats or abuse
- Child custody restrictions
- Prohibitions on your right to sell or hide jointly-owned property
Under Alabama’s Protection From Abuse Act, knowing violations of protective orders are Class A misdemeanors.
Once a temporary protective order is issued, you have the right to a hearing within ten days. The ten-day period can be extended in certain situations. However, it’s critical to seek legal advice quickly. The sooner our domestic violence lawyers in Birmingham start working, the better your chances of success.
What Defenses Can Be Raised if I Was Arrested For Domestic Violence in Alabama?
Defending yourself is critical to your future if you’ve been accused of domestic violence. Remember, a criminal charge is not a conviction. The prosecution must prove their case beyond a reasonable doubt to convict. That’s not an easy task when our lawyers are on the other side.
At Jaffe, Hanle, Whisonant & Knight, P.C., we have over a century of combined experience defending clients accused of domestic violence. Domestic violence charges aren’t always fair. We know how to build the strong legal defense you need and deserve.
Some examples of defense strategies that can be effective in domestic violence cases include:
- You were falsely accused of domestic abuse
- The prosecution lacks evidence to prove the underlying charges
- The relevant domestic relationship did not exist
- You acted in reasonable self defense of yourself or a family member
- The police violated your constitutional rights
Emotions often run high in the aftermath of a domestic incident. However, police don’t necessarily need the alleged victim’s cooperation. It’s possible that you could be charged with domestic violence even if they retract their allegations.
The bottom line? Domestic violence allegations are always serious. If you’re facing domestic violence charges, visit our law firm in Birmingham and schedule a confidential consultation immediately. We’re always available to discuss your legal options.
Call for a Free Consultation With a Birmingham Domestic Violence Lawyer Today
If you were arrested for domestic violence, call a Birmingham domestic violence lawyer as quickly as possible. You always have the right to legal representation. At Jaffe, Hanle, Whisonant & Knight, P.C., we’re here to build the strongest defense strategy possible.
Visit Our Criminal Defense Law Office in Birmingham, AL
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S Suite 100, Birmingham, AL 35205
(205) 930-9800
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