Domestic Violence in the Second Degree

AL Code § 13A-6-131 (2023) states that a person commits the crime of Domestic Violence in the Second Degree when commits the crime of assault in the second degree pursuant to Section 13A-6-21; the crime of intimidating a witness pursuant to Section 13A-10-123; the crime of stalking pursuant to Section 13A-6-90; the crime of burglary in the second or third degree pursuant to Sections 13A-7-6 and 13A-7-7; or the crime of criminal mischief in the first degree pursuant to Section 13A-7-21 and the victim is

• a current or former spouse,
• parent,
• step-parent,
• child,
• step-child,
• any person with whom the defendant has a child in common,
• a present household member,
• or a person who has or had a dating relationship with the defendant.

Household member excludes non-romantic or non-intimate co-residents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party. Domestic violence in the second degree is a Class B felony. Contact our Domestic Violence in the Second Degree Attorney today at (205) 823-7233.

The minimum term of imprisonment imposed under subsection (b) shall be double without consideration of probation, parole, good time credits, or any reduction in time if either of the following applies:

• 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.
• The offense was committed in the presence of a child under the age of 14 years at the time of the offense, who is the victim’s child or step-child, the defendant’s child or step-child, or who is a child residing in or visiting the household of the victim or defendant. For purposes of this subsection, “in the presence of a child” means that the child was in a position to see or hear the act.

Defenses to Domestic Violence

Under Alabama law, if you are facing a domestic violence charge, there are several defenses you could potentially assert. Our law firm has a proven track record of robustly representing individuals charged with domestic violence, and we are well-equipped to walk alongside you during this difficult time.

• Self-Defense: Asserting self-defense means claiming that you only used force because you believed you were in immediate physical danger. For this defense to stand, the force used must be proportional to the perceived threat.
• Defense of Others: Similar to self-defense, if you believed another person was in immediate danger of harm, you could claim you were protecting someone else. This can be a viable defense, provided the action taken was in direct response to an immediate threat.
• Lack of Intent: Domestic violence charges usually require an intent to cause harm. If it can be demonstrated that you did not intend to inflict harm, it could potentially act as a defense.
• False Allegation: In some situations, individuals might falsely accuse others of domestic violence, possibly due to personal disputes or custody battles. If evidence can be brought to show that the charges are fabricated, this defense could be used.
• Consent: Although rarely applicable in domestic violence cases, if it can be proved that the alleged victim had given consent for the act, it might be used as a defense.

Remember, it’s essential to work closely with your attorney, who understands the intricacies of the law and will strive to protect your rights at every turn. Please keep in mind that this firm represents the accused in criminal cases, ensuring an aggressive and strategic approach to your defense. Contact our Domestic Violence in the Second Degree Attorney today at (205) 823-7233.