Understanding How Alabama Police Decide Who To Arrest During a Domestic Violence Case

How does Alabama Define Domestic Violence?

Alabama defines domestic violence in three ways, diving the charges up into domestic violence assault in the first degree, second degree, and third degree. In Alabama, a domestic violence in the first degree charge is defined as when a person commits against a household member any of the following crimes: assault in the first degree, aggravated stalking, or burglary in the first degree.

A domestic violence in the second degree charge is defined as when a person commits against a household member any of the following crimes: assault in the second degree, intimidating a witness, stalking, burglary in the second or third degree, and criminal mischief. A domestic violence in the third degree charge is defined as when a person commits against a household member any of the following crimes: assault in the third degree, menacing, reckless endangerment, criminal coercion, harassment, criminal surveillance, harassing communications, criminal trespass in the third degree, criminal mischief in the second or third degree, and arson in the third degree

Understanding How the Police Make Domestic Violence Arrests

This specific circumstance is specifically described by Alabama law. Criminal Code § 13A-6-134 directs police officers on how to act when making the determination of who to arrest during a domestic violence case. When a police officer receives complaints of domestic violence from two or more people and both have injuries, the officer is to evaluate each person individually to try to determine who the predominant aggressor is.

The officer may consider a number of factors to help determine who the predominant aggressor was during the incident in question. They might look at who has the injuries and how severe they are as well as the likelihood of future injury to either party and whether someone was acting in self-defense they will also consider if there have been previous complaints of domestic violence regarding one or both of the parties. If things have escalated to the point where the police are involved, there is a chance that at least one person is going to jail and sometimes, the police may arrest both parties. It is important to reach out to a criminal defense attorney if you have been charged with a serious crime in Alabama.

Have You Been Charged for a Serious Crime in Alabama?

If you or someone you love has been charged with a violent crime in any of the following Alabama counties: Jefferson, Shelby, or Tuscaloosa, let the veteran criminal defense attorneys at the Stoves Law Firm help you get the legal defense you deserve. When your future is on the line, having an experienced team of lawyers by your side can make all the difference. Our attorneys have successfully represented criminal defendants at every stage of their case and we take great pride in being able to help our clients overcome the charges they face so they can get their lives back on track. If you have questions about your case, call us today at (205) 823-7233 and schedule a free and no-obligation initial consultation with an Alabama criminal defense attorney in our office.