By: Mark Polson and Whitney Polson, Criminal Lawyers Near Me in Birmingham Alabama
In 2019, a new domestic violence law became effective. Specifically focusing on the manner of inflicting intentional and potentially lethal or crippling injury, this statute seeks to penalize those convicted under its provisions. The 2018 legislation took effect on May 23, 2019.
Any type of Domestic Violence charge or event is serious in Alabama. Often, these situations are only made worse when the police choose to charge the defendant with a felony Domestic Violence charge of Domestic Violence by Strangulation or Suffocation.
Certain second-degree domestic violence crimes are classified by the Alabama Legislature as a class B felony, bringing sentences of two to 20 years in state prison. By reading the broadly worded statute below, one can see how aggressively the State of Alabama penalizes those who lose these cases.
Plus, with a repeat felony conviction, and have been convicted of one or more felony crimes in the past, Alabama judges are required to impose a much tougher sentence. The length of the increased penalty dependent on the type, degree or class of felony of that prior crime. Plus, but reviewing prior felonies on your criminal history, the potential for an extended prison term convinces those facing these offenses to fight by going to trial. Plus, the appellate courts in Alabama find no problem in stacking punishment for two separate felonies within the same incident increasing total incarceration for decades. Birdsong v. State , 267 So.3d 343 (Ala.Crim.App., 2017)
Often, defendants are shocked to find, they have been charged with a felony. The common story goes, that the police are called out to a domestic dispute and, when they arrive, both parties are ok; though, one has a mark or scratch on their neck. This alone, typically brings the felony charge of Domestic Violence by Strangulation or Suffocation, even if the alleged victim was neither strangled nor suffocated.
Is Domestic Violence by Strangulation or Suffocation in Alabama a Felony?The charge of Domestic Violence by Strangulation or Suffocation in Alabama is a Class B felony. This means, that if convicted, the defendant faces a prison sentence from 2 to 20 years and a monetary fine of up to $30,000.00.
What is the Domestic Violence by Strangulation or Suffocation in Alabama?
The Alabama law relating to the Domestic Violence by Strangulation or Suffocation may be found in the Code of Alabama Section 13A-6-138. The law reads as follows:
For the purposes of this law, the following terms have the following meanings:
(1) STRANGULATION. Intentionally causing asphyxia by closure or compression of the blood vessels or air passages of the neck as a result of external pressure on the neck.
(2) SUFFOCATION. Intentionally causing asphyxia by depriving a person of air or by preventing a person from breathing through the inhalation of toxic gases or by blocking or obstructing the airway of a person, by any means other than by strangulation.
(b) A person commits the crime of domestic violence by strangulation or suffocation if he or she commits an assault with intent to cause physical harm or commits the crime of menacing pursuant to Section 13A-6-23, by strangulation or suffocation or attempted strangulation or suffocation and the victim is a current or former spouse, parent, step-parent, child, step-child, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant. For the purpose of this section, a household member excludes non-romantic or non-intimate co-residents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party.
Can the Domestic Violence by Strangulation or Suffocation be won in Alabama?The Alabama Domestic Violence Defense Lawyers near me at Polson & Polson have logged over 60 years of cumulative experience defending those accused of Domestic Violence Charges throughout the State of Alabama. Our lawyers in Alabama have guided and defended numerous clients charged with felony domestic violence to dismissals and favorable outcomes. If facing a charge of felony Domestic Violence by Strangulation or Suffocation in Alabama, call or text one of our lawyers today. Call today for a FREE CONSULTATION 205-871-8838 or call/text (205) 401-3171 (24 hour).
Plus, another code section that relates to older statutory language that is like DV (domestic violence) is Alabama Code Section 13A-6-136 that legislates this relationship between the word abuse and violence:
For the purposes of Article 6, Chapter 3 of Title 30, the definition of "domestic or family abuse" includes an incident of domestic violence in the first, second, or third degrees pursuant to this article.
Under the Alabama Criminal Code, Section 13A-5-6, subsection (2), the punishment for a Class B felony, is to be sentenced to not more than 10 years or less than 2 years in state prison. By comparing a third degree domestic violence statutory wording to this felony code section, it is clear that malice (by requiring the acts to be proven to have been INTENTIONAL) ramps up the potential jail time. First degree family violence sentences can run up to 99 years in state prison.