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If you have been arrested or charged with domestic violence in Auburn or anywhere else in Alabama, the most important decision you can make is hiring an experienced Auburn domestic violence lawyer to fight aggressively on your behalf. A domestic violence conviction can have life-altering impacts, which is why you should seek the counsel of an experienced criminal attorney. An Auburn domestic violence lawyer can work diligently to provide you with a comprehensive defense strategy on your behalf. Read on to learn more about how a professional Auburn domestic violence lawyer can offer your their assistance today.

Who Can Bring a Domestic Violence Case?

In Alabama, domestic violence refers to specified criminal acts between individuals who share certain domestic relationships. In domestic violence cases in Auburn, the accuser could be:

  • A current or former spouse of the accused
  • A parent of the accused
  • A child of the accused
  • Someone who has a child with the accused
  • A current or former household member of the accused
  • Someone who has or had a dating relationship with the accused

Know that a skilled defense attorney can assist those who have had charges brought against them by one of these individuals by providing them with aggressive legal representation in court.

Alabama Domestic Violence Laws

Under the Code of Alabama, domestic violence occurs when someone commits or attempts to commit any of the following acts against another sharing a specified type of domestic relationship:

  • Arson
  • Assault
  • Child abuse
  • Criminal coercion
  • Criminal trespass
  • Harassment
  • Kidnapping
  • Menacing
  • Reckless endangerment
  • Sexual abuse
  • Stalking
  • Theft unlawful imprisonment
  • Any conduct that is punishable as a criminal act under state law

Each of these offenses is separately defined in the Alabama criminal code. To convict someone of domestic violence, the prosecutor must prove the elements of the specified criminal act and that the act was committed against the individual in question.

How Domestic Violence Offenses are Classified

Alabama classifies domestic violence offenses into first, second, and third-degree charges, with the latter being the least serious of the three charges. Penalties depend on the degree of the domestic violence charge and can be enhanced if the accused has prior convictions or violates a protection order. A qualified Auburn domestic violence lawyer may be able to mitigate the penalties someone may face. The degrees are distinguished by the type of criminal act committed against an individual as follows:

  • First-degree domestic violence: Class A felony of assault including aggravated assault against someone
  • Second-degree domestic violence: Class B felony of assault including stalking, intimidating a witness, burglary of second or third degree, criminal mischief in the first-degree
  • Third-degree domestic violence: Class A misdemeanor including menacing, criminal coercion, harassment, reckless endangerment, criminal surveillance, harassing communications, criminal trespass of the third degree, criminal mischief in the second or third degree, or arson of third-degree

There is also a distinct crime of domestic violence by strangulation or suffocation in Alabama, which is punishable as a Class B felony. It is also a separate offense to interfere with a domestic violence emergency call, which can result in a Class B misdemeanor if convicted. Someone facing these charges should not hesitate to reach out to an aggressive Auburn domestic violence lawyer in these situations.

Contact an Auburn Domestic Violence Lawyer

A thorough and focused defense strategy can go a long way in securing a positive outcome in a domestic violence case. An experienced Auburn domestic violence lawyer can assist you in determining the best course of action going forward and can help you explore every avenue of resolution available. Reach out to a dedicated Auburn domestic violence lawyer today to discuss your legal rights and options.