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Domestic Violence (1st Degree; 2nd Degree; 3rd Degree)

Like other violent offenses, a Domestic Violence conviction can have lifelong consequences, jail or prison time and serious fines and court costs. But a Domestic Violence conviction may also result in the permanent loss of your 2nd Amendment right to own or possess a firearm. What makes Domestic Violence different from other violent offenses is the relationship between the alleged victim and the Defendant. Domestic Violence requires proof that the alleged victim is a current or former spouse, parent, child, present or former household member, girlfriend/boyfriend, or the parties have a child in common. In Alabama Domestic Violence may be charged according to three different degrees. 

Under Alabama Code 13A-6-132 Domestic Violence 3rd Degree is a Class A Misdemeanor, with a Maximum punishment of up to 1 year in Jail and up to a $6000.00 fine. A second conviction of Domestic Violence 3rd Degree carries a mandatory minimum jail term of 10 days in jail, and a third conviction is a Class C felony. 

Under Alabama Code 13A-6-131 Domestic Violence 2nd Degree, requires the same relationship elements of Domestic Violence 3rd Degree, but applies to more violent allegations, such as Assault or Stalking. Domestic Violence 2nd Degree is a very serious offense, and is classified as a Class B Felony. If convicted, the Court is statutorily required to impose a mandatory-minimum sentence of at least 6 months incarceration. If the offense occurred in violation of a Protection Order or in the presence of a child under 14, the mandatory-minimum sentence increases to 1 year. 

Finally, under Alabama Code 13A-6-130 Domestic Violence 1st Degree is the most serious domestic violence charge. A Class A Felony, Domestic Violence 1st Degree has a mandatory-minimum sentence of 1 year in prison, which doubles if the offense occurred in violation of a Protection Order, or in the presence of a child under 14 years old. 

Unfortunately, Domestic Violence charges are frequently brought alongside divorce or child custody proceedings in an attempt to strengthen that case. They are also frequently brought out of rage or anger, and then when the anger subsides, the parties no longer desire to prosecute the case. If you or a loved one has been arrested or charged with the offense of Domestic Violence, CALL (251) 301-0362 today. Your freedom may depend on it. 

About David Allen

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Attorney David M. Allen was born on a U.S. Navy base in Okinawa, Japan, the son of a Navy Veteran. He later attended public schools in Baldwin County, Alabama and graduated from Spring Hill College in Mobile. He has worked on high profile Criminal De…

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