The Alabama Code also criminalizes specific violent offenses within the home and family. Alabama recognizes three degrees of domestic violence, criminalizing actions against current and former spouses, relatives, household members, and former and current romantic partners, with all three degrees covering different crimes against this same group. Domestic violence in the third degree is a Class A misdemeanor, punishable by up to one year in jail and up to $6,000 in fines. Domestic violence in the third degree under §13A-6-132 includes assault in the third degree, menacing, criminal endangerment, coercion, harassment, surveillance, harassing communications, criminal mischief in the second degree, criminal trespass in the third degree, or arson in the third degree.
Domestic violence in the second degree under §13A-6-131 is a Class B felony, with a minimum sentence of six months imprisonment without consideration of probation or parole. This offence includes assault in the second degree, intimidating a witness, stalking, burglary in the second or third degree, or criminal mischief in the first degree. Domestic violence in the first degree under §13A-6-130 is a Class A felony, carrying a minimum sentence of one year imprisonment without consideration of probation or parole.
This sentence is doubled if the offender violated a protection order or committed the offense in the presence of a child under 14. Domestic violence in the first degree includes assault in the first degree, aggravated stalking, or burglary in the first degree. Additionally, Alabama law criminalizes violating a domestic violence protection order in §13A-6-142. Knowingly or willingly failing to comply with such an order is a Class A misdemeanor, punishable by up to one year in jail and up to $6,000 in fines.
On a second offense, the minimum sentence is 30 days imprisonment, with subsequent sentences categorized as a Class C felony and punished by 1-10 years’ imprisonment. The requirements to sustain a conviction for domestic violence in the first degree are described in the case of Johnson v. Estes. The Court in Johnson held that domestic violence in the first and second degree correspond to assault in the first and second degree. Additionally, the prosecution must be able to prove the existence of a dating or otherwise domestic relationship.
If you are accused of Domestic Violence, first, second, or third degree, contact Ingram Law LLC or Joseph A. Ingram at joeingramlaw.com or 205-335-2640. Get Relief Get Results.