Birmingham Domestic Violence Attorney

Domestic violence allegations often arise within complex personal relationships, leading to conflicting narratives and, at times, false accusations. The stakes are incredibly high, as being accused can result in severe legal consequences and social stigma, regardless of the outcome of a trial.

Moreover, the intense scrutiny and media attention that sometimes accompany these cases can amplify their controversial nature. Ensuring justice while protecting the rights of both victims and accused individuals requires a delicate and nuanced approach.

Alabama Domestic Violence Charges

Alabama domestic violence crimes are categorized based on the severity and nature of the alleged offense. 

Charges can include:

• Domestic violence in the first degree: This is the most severe, involving acts like intentional serious physical injury or assault with a deadly weapon. It is generally classified as a Class A felony, carrying a sentence of 10 to 99 years in prison and substantial fines. 
• Domestic violence in the second degree: Includes crimes such as physical harm or assault that result in significant injury or involve using a dangerous instrument or firearm. This is generally charged as a Class B felony punishable by two to 20 years in prison and hefty fines. 
• Domestic violence in the third degree: This category covers less severe, albeit serious, acts such as harassment, reckless endangerment, menacing, criminal coercion, criminal trespass, criminal mischief, third-degree arson, or minor physical injury. It is generally charged as a Class misdemeanor punishable by up to a year in jail and a fine of up to $6,000. 
• Domestic violence by strangulation or suffocation: Specifically deals with actions that involve impairing the victim's ability to breathe. This is typically charged as a Class B felony with penalties the same as those for second-degree domestic violence. 

Charges in a domestic violence case can be “enhanced” under certain circumstances, increasing the penalties' severity. These circumstances can include the use of a deadly weapon, prior convictions, and violation of a protection order. 

Additional circumstances that can elevate the charges include committing domestic violence offenses in the presence of a child, assaulting vulnerable individuals, such as children, the elderly, or those with disabilities, and offenses committed in conjunction with other criminal activities, such as kidnapping or sexual assault.