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Being charged with domestic violence can have immediate life-changing consequences, such as being ordered to stay away from the home or being unable to see one’s children. Fortunately, an experienced Hoover domestic violence lawyer can help you to fight the charges and understand your options. Contact a skilled defense attorney in Hoover right away to begin your defense.

Types of Domestic Violence Charges

Domestic violence laws are a class of crimes that apply only when a special domestic relationship exists. A domestic relationship exists for:

  • A spouse
  • A current dating relationship
  • A dating relationship that ended within the last 12 months
  • A current or former household member
  • A parent or child
  • An individual someone has had a child with, even if they are not in a romantic relationship

Under Alabama Code, first-degree domestic violence occurs where there is assault in the first degree or aggravated stalking in the first degree, and the individuals involved have a relationship of the sort described above. Someone can also commit crimes of domestic violence in the second degree if they commit assault in the second degree, take part in stalking, intimidating a witness, or committing burglary in the second or third degree where there is a special relationship of the sort described above with the allegedly injured individual. Call a determined criminal attorney today to learn more.

Potential Penalties and Sentencing

First-degree assault by itself is a Class B felony, punishable by a minimum of two years in jail, whereas first-degree domestic violence, even though the crime may appear from the outside to look just like an assault, is a Class A felony. Class A felonies carry a minimum of 10 years in prison. Second-degree domestic violence is a Class B felony. Second-degree domestic violence is governed by Alabama Code 13A-6-131.

Third-degree domestic violence is a Class A misdemeanor pursuant to Alabama Code 13A-6-132. Where there is a special domestic relationship with the accuser, third-degree assault, harassment, menacing, and other actions fall under third-degree domestic violence. While third-degree domestic violence is a misdemeanor, it is still a serious matter punishable by up to one year in prison. If someone commits domestic violence in the third degree and also willfully violates an existing protection order in the process, the minimum punishment is 30 days in prison. To best defend against these potential penalties, it is important for accused individuals to call a skilled Hoover domestic violence lawyer.

Protective Orders

Alabama Code allows courts to issue protective orders. Protective orders arise in civil or domestic court cases and might order someone to refrain from harassing or contacting a someone or to stay away from their home or workplace. Violating a protective order is a Class A misdemeanor punishable by up to one year in jail. Multiple convictions of domestic violence crimes will lead to heightened sentencing. In many situations, sentences may focus on alternatives to jail time, such as classes or probation. A professional Hoover domestic violence lawyer can assist in the mitigation procedures for these penalties.

Contacting a Hoover Domestic Violence Lawyer

A knowledgeable Hoover domestic violence lawyer will act as an aggressive advocate for your defense in court. A dedicated Hoover domestic violence lawyer can help you navigate the court system and make informed decisions to help fight for the best outcome for you and your family. Reach out to a qualified Hoover domestic violence lawyer today to schedule you initial consultation.