Domestic violence laws in Alabama cover a wide range of prohibitive behavior between people who have certain personal and familial relationships. However, because the guidelines are so broad, it’s normal for people facing a domestic violence charge to feel confused, which is why it’s so important to seek out an attorney immediately. In the meantime, use this guide to get a better understanding of what to expect during the legal process.

What Constitutes as Domestic Violence in Alabama?

The domestic violence statutes in Alabama prohibit any person from committing acts of physical violence against spouses, parents, children, and other house members. These relationships can extend to former spouses, engaged or dating couples, and roommates. 

In Alabama, there are three degrees of domestic violence charges, as well as penalties for violating domestic violence orders and committing the crime by strangulation or suffocation. 

• Third-Degree Domestic Violence: Defendant commits third-degree assault, menacing, reckless endangerment, criminal coercion, harassment, criminal surveillance, harassing communications, third-degree trespass, second- or third-degree criminal mischief, or third-degree arson. If convicted, the charge could result in a Class A misdemeanor. If a protective order was violated during these acts, a 30-day minimum jail sentence is required.
• Second-Degree Domestic Violence: Defendant commits second-degree assault, stalking, intimidates a witness, commits first- or second-degree burglary, or first-degree criminal mischief. A conviction will result in a Class B felony and up to 20 years in prison. The violation of a protective order will double the minimum prison sentence.
• First-Degree Domestic Violence: The defendant commits first-degree assault or aggravated stalking. A conviction will result in a Class A felony, which carries a maximum of life or 99 years in prison. The minimum prison sentence is automatically doubled if the aggressor also violated a protective order. 

What Defenses Are Available to the Accused?

When charged with domestic violence, the defendant can assert self-defense claims that the alleged victim was actually the aggressor. It’s also possible to argue that the underlying offense was not proven or that the defendant was never in one of the protected relationships with the victim.

No matter what the underlying offense is, it is in the best interest of the defendant to seek out a criminal defense attorney as soon as possible. They will thoroughly research the evidence and case to negotiate for reduced charges, arrange a plea deal in exchange for a specified sentence, or work to get the evidence thrown out or the entire case dismissed.

If you’ve been accused of domestic violence, don’t wait to reach out to the experienced criminal defense attorneys at J.P. Coleman Law, LLC, Attorneys at Law. Since 2012, this full-service law firm has served the residents of Baldwin County, AL. Their lawyers will make sure you have a full understanding of what to expect, so you are completely informed about how to proceed with your case. Call them today at (251) 947-6247 to schedule a free consultation, and visit their website to learn more about their areas of practice.