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Addressing Charges of Domestic Violence: Legal Strategies & Defenses

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Giving You a Fair Chance

Your life has been irreversibly changed if you have been charged with domestic violence. What might have been a lapse in judgment has set off a chain reaction of frightening, confusing, and uncertain events. If you face federal charges, the district attorney office will use its unlimited resources to build its case against you. While no one wishes to impugn the actual victims of this awful crime, the truth is that there are men who face these charges every day who are falsely accused.

The team at Jim Golden Law is compassionate, skilled, and knowledgeable of Alabama criminal law. We understand the nuances of Alabama domestic violence laws and that there is frequently an unspoken bias men fight against. We give men an equal voice. Alabama takes domestic violence seriously, and you shouldn’t take these charges lightly. Call Jim Golden Law today for a free consultation at 866-950-6652.

What Are Alabama Domestic Violence Laws?

Alabama law defines domestic violence as intentional harm, harassment, or stalking against someone you live with. It doesn’t matter if they are an adult or a minor. The victim might be a current or former spouse, your children, your roommate, a current or former romantic partner, or anyone with whom you have had personal relationships.

One thing to be aware of is that domestic abuse or violence are what are colloquially known as umbrella charges, meaning that it is possible and even quite likely that someone charged with either of these crimes will also be facing additional charges such as battery, sexual assault, burglary, criminal trespassing, or intimidating a witness to name a few. Alabama is serious about protecting victims of abuse, as it ought to be.

There is an unspoken standard of believing the victims and survivors of domestic violence and those who have suffered deserve our belief and compassion. However, for every victim, one in ten is a false accuser, and those falsely accused have rights.

What Are the Legal Classifications?

There are three degrees of domestic violence charges in Alabama law, each carrying its level of severity and penalties: 

  • First Degree: Most egregious, involving aggravated assault or use of a deadly weapon. 
  • Second Degree: Typically involves serious bodily injury or use of a weapon in a threatening manner.
  • Third Degree: Generally involves physical harm, harassment, or threats without serious injury.

How Do I Defend Myself After I Have Been Charged?

When facing a serious criminal charge, the first thing to remember is to keep the panic to a minimum. It may be challenging, but it will only help people if you are clear headed. Secondly, you must seek the services of an experienced and knowledgeable criminal defense lawyer at Jim Golden Law. We are compassionate and respectful, and we will work diligently to get the best resolution to your case. Do not attempt to represent or open negotiation by yourself.

Strategy is Key

When defending yourself against such a severe charge, strategy is the key to survival, and you will want to work closely with your defense team to ensure every detail of your case is examined. The consequences of leaving stones unturned in these investigations can mean the difference between an acquittal and incarceration, hefty fines, restraining orders, or the loss of other vital rights. Do not take that chance. 

Some strategies your defense team may suggest are:

  • Are the accusations false or misleading? In some cases, domestic violence charges are fabricated due to personal problems, custody battles, or relationship problems. Every aspect must be investigated. Your freedom may depend upon it. 
  • Inconsistencies in testimony- If your accuser made statements to authorities, they must be scrutinized for inconsistencies. Discrepancies may weaken the prosecution’s case. 
  • If there is any physical evidence of a conflict, such as medical reports, photographs, or forensic evidence, ensure your team can access and examine it. Ensure it matches your accuser’s statements.
  • Gather any witness statements. If people were present during the alleged incident, their accounts can challenge your accuser’s narrative and offer a different perspective. 
  • Did you act in self-defense? If your actions were in defense of yourself or another person, this can be a powerful statement; however, it must be proportional. If you use excessive force, your defense can be severely compromised.
  • Open negotiation with the prosecution if it is determined that a plea bargain is in your best interest. Your lawyer will advise you if this is the route you should take. 

What is a Plea Bargain?

A plea bargain is a negotiation to reach an agreement between the prosecution and defense to settle a criminal case. In a plea bargain, the defendant often pleads to a lesser charge in exchange for a more lenient sentence or reduced legal penalties.

When Should I Call A Criminal Defense Attorney for Help?

If you have been accused of domestic violence, you need an experienced criminal lawyer to represent your case. The state will aggressively pursue these charges, and you should not attempt to represent yourself or open negotiation with them yourself. Jim Golden Law has the experience to represent those falsely accused of domestic violence, and he has a reputation for providing clients with the respectful and helpful legal counsel they deserve. Call 866-950-6652 to schedule a free consultation.

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