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Within Alabama, established domestic violence laws make certain acts illegal between two people in a relationship. These include acts of violence between a husband and wife, individuals in a relationship, and parent and child. Domestic violence is a crime, and it carries with it fines and serious jail time. If you are facing criminal charges of domestic violence, contact a Talladega domestic violence lawyers who can help protect your interests and to start building your defense. Distinguished criminal attorneys  can help you protect your rights and reputation.

Violation of a Protective Order

When a protective order, or restraining order, is in place, and a defendant commits domestic violence in either the first or second degree, the minimum prison sentence established is doubled. Any defendant guilty of third-degree domestic violence who also is in violation of a protective order is required to serve a minimum of thirty days in jail.

Domestic Violence in Degrees of Severity

A charge of domestic violence can only be brought when the two people involved were in a certain type of relationship together, including the following:

  • Parent and child
  • Former or current household members
  • Former or current spouse
  • Parents of a child
  • Couples that were or are in a dating relationship

Alabama law provides that there a three different degrees of domestic violence. There is a felony for domestic violence when it is committed by suffocation or strangulation. A Talladega domestic violence lawyer can help clarify the penalties a potential client will face based on the details of their case.

Classifying Criminal Penalties

A Talladega domestic violence lawyer can work with a potential client build a defense based on the accusations they face because there are different ways of classifying criminal penalties. The way an individual plans their presentation for court can depend on the facts the prosecution plans to present against them. An attorney can help protect the rights of the accused.

First-Degree

Domestic violence in the first degree occurs when the aggressor commits either aggravated stalking or first-degree assault. A conviction of domestic violence in the first degree means the defendant is guilty of a Class A Felony and subject to a maximum of life in prison. Defendants that already have a prior conviction of domestic violence in the first degree, there is a minimum prison time of one year.

Second-Degree

Domestic violence in the second degree occurs when the aggressor commits first-degree criminal mischief, first- or second-degree burglary, second-degree assault, intimidates a witness, or stalks. A conviction of domestic violence in the second degree means the defendant is guilty of a Class B Felony, and subject to up to 20 years in prison. A repeat offender is required to serve a minimum of at least six months in jail.

Third-Degree

Domestic violence in the third degree occurs when the aggressor commits the crime of menacing, or when the aggressor commits an assault with the desire to inflict physical injury by suffocation or by strangulation. A conviction of domestic violence in the third degree means that the defendant is guilty of a Class A Misdemeanor. This conviction carries a jail sentence of up to a year. Repeat offenders face a minimum of ten days in jail.

Hiring a Domestic Violence Lawyer

The severity of the punishments for domestic violence are truly serious, and the impact is lifelong. If you have been charged with domestic violence, experienced Talladega domestic violence lawyers are ready to assist in defending you against all criminal charges. It may be critical to speak with domestic violence lawyers as soon as possible.