Shelby County Domestic Violence Lawyer
No one likes dealing with the police. It can become even more nerve-wracking when you are being accused of hurting a loved one. In such a high-conflict environment, having someone on your side will offer you peace of mind. A domestic violence charge can have lasting effects on your life, including being used as a basis for divorce, a factor in a custody dispute and can affect your liberty.
In order to minimize the effect of charges or even have the charges dismissed, it is crucial to have a Shelby county domestic violence lawyer on your side. A dedicated criminal attorney can make sure your rights are being protected and that every available defense is being explored.
The lawyer may choose to investigate whether any evidence was incorrectly gathered and determine if it can be kept out of court. Your lawyer will be able to help prepare you for any court appearances you may be required to make and aid you in bargaining with the prosecution. The most important aspect a domestic violence attorney will provide is keeping you informed of what is happening in your case and aggressively fighting for you.
Alabama Domestic Violence Charges
Like many crimes, domestic violence has three tiers of offenses under the law. A Shelby county domestic violence lawyer may be able to assist you in the defense of any of these charges. An attorney may even be able to have the degree of your charges reduced. The different levels of domestic violence are written in the Code of Alabama in Title 13A Chapter 6.
Domestic violence includes any actions against:
- A current or former spouse,
- A parent,
- A child,
- The parent of a child you have in common,
- A current or past household member, and
- A current or past romantic partner.
Domestic Violence in the Third-Degree
A person can be charged with domestic violence in the third degree if they are charged with committing third-degree assault, harassment, surveillance, and criminal trespass, among other acts. Third-degree assault includes any harm to another person.
Violation of this statue can result in a Class A misdemeanor and a minimum required sentence of 10 days for a second conviction. A subsequent conviction can result in a Class C felony. Any violation of a protection order can be punished by 30 days without parole.
Domestic Violence in the Second-Degree
A person can be charged with domestic violence in the second degree if that person is accused of assault in the second degree, among other acts. Assault in the second degree includes serious harm to another. Violation of this statute can result in a Class B felony and a minimum required sentence of 6 months imprisonment without parole for a subsequent conviction.
Domestic Violence in the First-Degree (Section 13A-6-130)
A person can be charged with domestic violence in the first degree if that person committed an act of assault in the first degree or aggravated stalking. First-degree assault includes serious harm to another with a deadly weapon or with disregard for human life. Violation of this statute can result in being charged with a Class A felony and a minimum required sentence of 1-year imprisonment without parole for a subsequent conviction. If a person is charged with second or first-degree domestic violence, the punishment will be double if the accused violated an order of protection.
Talking to a Shelby County Domestic Violence Attorney
Charges of domestic violence often arise in the midst of relational conflicts and trauma. An experienced attorney can understand your unique situation and the hardships you are going through. In such a high stakes situation, you will want representation who knows the law and has handled these types of circumstances before.
With an attorney’s help, you can navigate this difficult time. Make sure you have someone in your corner who will pursue all the defenses available to you and protect your rights. Call a Shelby county domestic violence lawyer today.