DOMESTIC VIOLENCE DEFENSE ATTORNEY

Domestic Violence Defense Lawyer

Many people do not realize just how serious a charge of domestic violence can be. If you are convicted of a domestic assault, harassment, or related charge, you could be facing fines and jail time. You could lose your right to carry a firearm. Under Alabama domestic violence law, domestic abuse takes place when a crime such as harassment, assault, menacing, reckless endangerment, or stalking is committed, attempted, or threatened against someone with whom the abuser has a familial relationship (i.e., spouse, former spouse, child, parent, household member or former household member, etc.). We offer a no-obligation, free consultation to all clients charged with a crime. We are the only Decatur or Huntsville, Alabama, criminal defense lawyers who offer the lowest fee guarantee. Call 256-534-3435 or 256-350-7200. We are here to help.

Alabama law recognizes three degrees of domestic violence, as well as the felony of domestic violence by strangulation or suffocation.

Section 13A-6-130 of the Code of Alabama: Domestic Violence, First Degree.

(a) A person commits the crime of domestic violence in the first degree if the person commits the crime of assault in the first degree pursuant to Section 13A-6-20, and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant. Domestic violence in the first degree is a Class A felony, except that the defendant shall serve a minimum term of imprisonment of one year without consideration of probation, parole, good time credits, or any other reduction in time for any second or subsequent conviction under this subsection. (b) The minimum term of imprisonment imposed under subsection (a) shall be doubled without consideration of probation, parole, good time credits, or any reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and, in the process of violating the order, commits domestic violence in the first degree.

Section 13A-6-131 of the Code of Alabama: Domestic Violence, Second Degree.

(a) A person commits the crime of domestic violence in the second degree if the person commits the crime of assault in the second degree pursuant to Section 13A-6-21, and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant. Domestic violence in the second degree is a Class B felony, except the defendant shall serve a minimum term of imprisonment of six months without consideration of probation, parole, good time credits, or any reduction in time for any second or subsequent conviction under this subsection. (b) The minimum term of imprisonment imposed under subsection (a) shall be doubled without consideration of probation, parole, good time credits, or any reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and, in the process of violating the order, commits domestic violence in the second degree.

Section 13A-6-132 of the Code of Alabama: Domestic violence, third degree.

(a) A person commits domestic violence in the third degree if the person commits the crime of assault in the third degree pursuant to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section 13A-6-25; or the crime of harassment pursuant to subsection (a) of Section 13A-11-8; and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant. Domestic violence in the third degree is a Class A misdemeanor, except that the defendant shall serve a minimum term of imprisonment of 48 hours in a city or county jail or detention facility without consideration of a reduction in time for any second or subsequent conviction under this subsection. (b) The minimum term of imprisonment imposed under subsection (a) shall be doubled without consideration of a reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and, in the process of violating the order, commits domestic violence in the third degree.

Why Hire Ferguson & Ferguson

If you have been charged with domestic violence in Huntsville, Decatur, Hartselle, or Athens, Alabama, you need an experienced defense attorney (abogado). Make sure you do not talk to anyone until you have spoken with an attorney. Our attorneys have over 60 years of combined experience representing clients charged with criminal offenses. Our offices are conveniently located in downtown Decatur and Huntsville, Alabama. Contact us today for a free initial consultation at 256-534-3435 or 256-350-7200. Call now.

Huntsville office location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801

Decatur Office Location:
211 Oak Street, NE
Decatur, AL 35601