In Alabama, a crime is considered a domestic violence offense when it involves individuals who are or have been in a specific type of intimate relationship. This includes spouses, former spouses, parents or children, persons who have a child in common, present or former household members, and individuals who are or were in a dating relationship. 

The key factor that sets domestic violence crimes apart from other offenses is the domestic relationship between the victim and the accused.

Whether a domestic violence crime is charged as a misdemeanor or a felony in Alabama depends on the specific offense committed. The state categorizes domestic violence offenses into degrees based on the severity of the crime. 

Third-Degree Domestic Violence 

Domestic violence in the third degree is the least severe classification of domestic violence offenses in Alabama. It is generally considered a misdemeanor and is prosecuted in municipal or state courts. 

Common offenses that fall under this category include assault in the third degree, harassment, reckless endangerment, and criminal coercion. The penalties for a conviction can include a jail sentence of up to one year and fines reaching up to $6,000.

Second-Degree Domestic Violence 

Domestic violence in the second degree is a more serious offense and is classified as a Class B felony under Alabama law. This level involves more significant harm or the threat of harm to the victim and carries harsher penalties as a result.

Offenses that may lead to a second-degree charge include assault in the second degree, certain stalking offenses, burglary in the second degree, and criminal mischief in the first degree. Cases that involve strangulation or suffocation are also included in this category. If convicted, an individual could face imprisonment ranging from two to twenty years and fines up to $30,000.

First-Degree Domestic Violence 

Domestic violence in the first degree is the most serious domestic violence charge in Alabama, designated as a Class A felony. This charge is reserved for the most severe offenses resulting in significant injury or substantial risk to the victim’s life.

Crimes that constitute first-degree domestic violence include assault in the first degree, aggravated stalking, and severe cases of harassment or criminal mischief. A conviction can lead to severe penalties, including a prison sentence ranging from ten years to life and fines 0f up to $60,000.

Ultimately, the classification of domestic violence offenses depends on the specific actions involved and the relationship between the accused and the victim. 

Legal Defenses to Domestic Violence Charges

When facing domestic violence charges in Alabama, it’s important to know that several legal defenses can be used to challenge the allegations and potentially mitigate the consequences. Below are some common defenses used in domestic violence cases:

Self-Defense

One of the most prevalent defenses in these situations is self-defense. This defense may apply if you can demonstrate that your actions were necessary to protect yourself from imminent harm. You must show that you had a reasonable belief that force was necessary to prevent immediate danger to yourself.

Defense of Others

Similar to self-defense, this defense involves protecting another person from harm. If you acted to defend a child, family member, or even a stranger in imminent danger of being harmed by the alleged victim, you may invoke this defense.

False Allegations

In some cases, the accusations may be entirely fabricated. Motivations for false allegations can include jealousy, custody battles, or attempts to gain leverage in a divorce proceeding. 

Lack of Evidence

The prosecution bears the burden of proving guilt beyond a reasonable doubt. If there’s insufficient evidence linking you to the alleged crime or the evidence is weak or contradictory, your attorney can argue that the charges should be dismissed due to lack of proof.

Accident

If the incident was unintentional, you might assert that any harm caused was accidental and not the result of a deliberate act. Demonstrating a lack of intent can be crucial when injuries result from an unforeseen mistake.

Consent

In certain situations, the alleged victim may have consented to the actions that led to the charges. While this defense is complex and not always applicable, it may be considered in specific contexts, such as mutual altercations.

Violation of Constitutional Rights

If your rights were violated during the arrest or investigation – such as unlawful search and seizure, lack of Miranda warnings, or coerced confessions – your domestic violence lawyer can file a motion to suppress the illegally obtained evidence, which may lead to a dismissal of charges or an acquittal.