Domestic Violence Defense Attorney in Alabama
Have you been accused of a domestic violence offense? Alabama takes domestic violence crimes very seriously. Domestic violence offenses pertain to instances in which one person abuses, assaults, harasses, or threatens a family member, child, former or current spouse, romantic partner, or roommate. Statistics show that nearly 10% of all reported domestic violence cases were either false charges, wrongly accused, or somehow exaggerated. And even in cases where the accused was guilty of the charges, they still have legal rights that should be protected by a domestic violence defense lawyer.
Criminal defense attorney Jim Golden has extensive experience representing clients accused of domestic abuse and other domestic violence charges. As our years of experience have shown us, not all those accused of domestic violence allegations were guilty of the crimes, but all need experienced legal representation to defend their rights.The Alabama prosecutors of your domestic violence matter will pursue the most serious consequences possible for your domestic violence charge, which may include jail time, costly fines, and more. Do not take these charges lightly. Work with an experienced criminal defense lawyer to defend your rights and hopefully keep you out of a jail cell.
What Are the Alabama Domestic Violence Laws?
Under Alabama law, domestic violence is defined as violence, intentional harm, harassment, or stalking against someone you live with, whether they be an adult or child. A domestic violence victim could be a current or former spouse, your children, a current or former household member, or any current or former romantic partner from personal relationships.
Domestic abuse and domestic violence have several other charges that rest beneath the umbrella terms. It is possible, even likely, that someone accused of domestic violence may face additional charges on top of their domestic violence charge. Other charges that could be tacked on to a domestic violence offense include battery, sexual assault, burglary, criminal trespassing, and intimidating a witness.
Alabama takes domestic violence charges very seriously and will do everything within its power to protect victims of abuse. There is a standard of believing victims and survivors of domestic violence. Obviously, actual victims deserve our compassion and kindness. However, for every alleged victim out there, statistically, one in ten is a false accuser. In such instances, the accused is the real victim, but it will take a solid legal defense strategy to prove that to the prosecution.
What Are Common Examples of Domestic Violence Crimes?
Common examples of domestic violence include the following:
- Assault.
- Battery.
- Brandishing weapons.
- Child abuse.
- Criminal coercion.
- Criminal surveillance.
- Emotional abuse.
- Family violence.
- First, second, and third-degree criminal mischief.
- Hair pulling.
- Harassing text messages and emails.
- Harassment.
- Hitting or striking another person.
- Intimidating a witness.
- Intimidation of dependents.
- Non-custodial parent kidnapping.
- Physical abuse.
- Reckless endangerment.
- Sexual offenses.
- Slapping.
- Spousal abuse.
- Stalking.
- Third-degree arson.
- Third-degree criminal trespass.
- Throwing objects at another person.
- Verbal threats.
- Violation of a protection order.
- Willful deprivation of personal liberties.
Whatever you have been accused of, you must retain professional legal counsel to defend your rights in and out of court. With a strong case, it is possible to have your criminal charges reduced or thrown out entirely. Contact our criminal defense legal team for a free case evaluation today.
What Are the Potential Legal Consequences of an Alabama Domestic Violence Charge?
Alabama has divided domestic violence offenses into several categories. The degree of the criminal offense shall correspond with the seriousness of the charge and the potential penalties for the crime. For example, misdemeanor domestic violence could come with a penalty of up to a year in jail time, costly financial penalties, and more. First-degree domestic violence involves either first-degree assault or aggravated stalking.
Second-degree domestic violence is a felony. It is limited to six months of jail time. In addition to the six months of jail time, those convicted of second-degree domestic violence may have to contend with probation, parole, and community service. Domestic violence in the second degree involves non-aggravated stalking, witness intimidation, first-degree criminal mischief, and second or third-degree burglary.
Domestic violence in the third degree involves acts of menacing, third-degree assault, harassment, reckless endangerment, criminal coercion, third-degree criminal trespass, third-degree criminal mischief, and third-degree arson. Domestic violence in the third degree is perhaps the most common domestic violence in Alabama. Third-degree domestic violence could be charged as a felony or a misdemeanor. Or both. Third-degree domestic violence can be an added label tacked on to a misdemeanor criminal offense. What makes domestic violence third-degree a felony or a misdemeanor is dependent upon how many times the accused had been previously convicted of third-degree domestic violence. To learn more, please get in touch with our legal staff.
What Happens if You Violate Restraining Orders?
When the accused faces domestic violence allegations, Alabama courts have the authority to issue a domestic violence protection order (also known as a no-contact order or a restraining order). It is worth noting that you could suffer the consequences of having a domestic violence restraining order placed against you without ever being proven guilty by a jury of your peers.
Violating A restraining order is a Class A misdemeanor and may come with the punishment of up to a year in prison and $6,000 in financial penalties.
Can You Lose Your Rights if Convicted of a Domestic Violence Offense in Alabama?
In addition to the potential for probation, community service, prison time, and fines, there may be other domestic violence consequences.
Whether you are convicted of a misdemeanor or a felony for domestic violence, this will end up on your permanent criminal record. A criminal record could make obtaining professional licenses, finding or keeping a job, pursuing education opportunities, securing housing, and more complex. Additionally, in cases of divorce, having a criminal record will tip the balance in favor of the other parent when it comes time for child custody and child support negotiations.
If you are not a U.S. citizen, a domestic violence conviction could hurt your immigration status, possibly resulting in you losing the ability to one day become a citizen. If you are undocumented, domestic abuse charges could result in your deportation.
You may also lose certain civil rights as a felon or as an individual convicted of domestic violence. Among the rights you could lose is your right to own, use, or possess a firearm. Usually, only those found guilty of felonies can lose their gun rights. However, in Alabama, misdemeanor domestic violence offenses also can result in the loss of firearm rights.
Contact Us for a 30-Minute Free Consultation Today
No matter your level of guilt and the domestic violence offense, you need to contact an AL domestic violence lawyer to represent your case. The state aggressively prosecutes domestic violence charges and will seek to make an example of you if your case goes to trial. In the courtroom, you should not attempt to represent yourself in a domestic violence case. It is highly recommended that you retain professional legal counsel for your domestic violence case.
Jim Golden Law has years of experience representing falsely accused defendants of domestic violence. We pride ourselves on providing clients with respectful and helpful legal representation, regardless of the facts surrounding their case. It’s what you deserve.
To schedule a free case review, please get in touch with our law firm at 866-950-6652.