Consequences of a Domestic Violence Conviction in Birmingham
Facing a domestic violence charge in Birmingham is a life-altering experience for defendants, and it’s crucial to understand what’s at stake. A conviction doesn’t just mean the possibility of jail time and fines—it can affect your family relationships, career prospects, housing options, and future opportunities in profound and unexpected ways.
Defendants need to be clear about the long-reaching effects of a domestic violence conviction so they can make informed choices about their case. Continue reading to learn more about the penalties you might face for a domestic violence conviction in Birmingham and potential defenses against it.
What Are the Penalties for Domestic Violence in Birmingham?
Understanding the penalties for domestic violence charges in Birmingham is essential for anyone facing these accusations. Consider the following:
First-Degree Domestic Violence
First-degree domestic violence includes the most severe behaviors, such as first-degree assault, first-degree burglary, or aggravated stalking. This charge is usually a Class A felony in Alabama. If convicted, you face 10 to 99 years—or even life—in prison, and fines of up to $60,000. For a repeat offense, there is a mandatory minimum sentence of 1 year behind bars.
Second-Degree Domestic Violence
Second-degree domestic violence involves acts like second-degree assault, stalking, certain types of burglary, criminal mischief, or intimidating a witness. This charge is typically a Class B felony, carrying a possible sentence of 2 to 20 years in prison and fines up to $30,000. Repeat offenses have a mandatory minimum of six months in custody.
Third-Degree Domestic Violence
Third-degree domestic violence covers actions such as third-degree assault, harassment, trespassing, criminal mischief, and some arson-related offenses. Usually, this is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $6,000.
However, if you have two prior convictions for domestic violence (or one for first-degree or second-degree DV), it becomes a Class C felony. In that case, the penalties sharply increase, and a minimum of 10 days in jail is imposed for repeat offenses.
Domestic Violence by Strangulation or Suffocation
Domestic violence involving strangulation or suffocation is treated as a serious crime, generally a Class B felony. A conviction means you could spend between 2 and 20 years in prison and pay a fine of up to $30,000. This law specifically targets situations where the incident occurred within 10 months of ending an intimate relationship, recognizing the severe risks involved.
Enhanced Penalties for Aggravating Factors
When domestic violence happens in the presence of a child, or if it’s committed in violation of a protective order, Alabama law imposes much harsher penalties. For first or second-degree offenses, the mandatory minimum sentence is doubled.
For third-degree domestic violence, the law requires a minimum of 30 days in jail. This applies when the child involved is the defendant’s or the victim’s child, stepchild, or lives in the home.
Understanding these possible penalties and the details that set cases apart is the first step toward protecting your future if you’re facing domestic violence charges in Birmingham.
Legal Defenses to Domestic Violence Charges
Being charged with domestic violence can feel overwhelming, but it’s important to remember that you have the right to defend yourself in court. There are several legal strategies that a skilled criminal defense attorney may use to fight domestic violence charges in Birmingham.
Self-Defense
One common defense is self-defense. If you acted to protect yourself because the alleged victim was actually the aggressor, your attorney can present evidence to show that you were not the initiator and only responded to prevent harm to yourself.
Lack of Evidence
Another defense focuses on the prosecution’s inability to prove its case beyond a reasonable doubt. If there isn’t reliable evidence that an assault or other violent act actually occurred, or if witness statements conflict, your attorney can challenge the sufficiency of the evidence. Without solid proof, charges may be reduced, or you could be acquitted.
No Qualifying Relationship
Domestic violence charges in Alabama require a specific legal relationship between the parties, such as spouses, dating partners, household members, or parents and children. If you did not have the type of relationship defined by Alabama’s domestic violence statutes, your attorney may be able to argue that the charges do not apply under the law.
Contact a Birmingham Domestic Violence Lawyer At Jaffe, Hanle, Whisonant & Knight, P.C. Today
For more information, contact an experienced Birmingham domestic violence attorney at Jaffe, Hanle, Whisonant & Knight, P.C. for a free consultation.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800