Domestic Violence in the Third Degree

AL Code § 13A-6-132 (2023) states 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; the crime of harassment pursuant to subsection (a) of Section 13A-11-8;
• the crime of criminal surveillance pursuant to Section 13A-11-32; the crime of harassing communications pursuant to subsection (b) of Section 13A-11-8;
• the crime of criminal trespass in the third degree pursuant to Section 13A-7-4;
• the crime of criminal mischief in the second or third degree pursuant to Sections 13A-7-22 and 13A-7-23;
• or the crime of arson in the third degree pursuant to Section 13A-7-43;

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. Contact our Birmingham Alabama Domestic Violence in the Third Degree Attorney today at (205) 823-7233.

Domestic violence in the third degree is a Class A misdemeanor. The minimum term of imprisonment imposed shall be 30 days without consideration of 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. A second conviction under subsection (a) is a Class A misdemeanor, except the defendant shall serve a minimum term of imprisonment of 10 days in a city or county jail or detention facility without consideration for any reduction in time. A third or subsequent conviction under subsection (a) is a Class C felony.

Example of Domestic Violence

When facing legal accusations, the journey forward can often feel intricate, overwhelming, and daunting, especially in cases involving charges of domestic violence. On our “Domestic Violence” page, we hope to shed light on the complexities of these cases, through the lens of an individual who, for instance, may find themselves facing these charges under Alabama law.

Let’s imagine a fictitious scenario where a person named Alex finds himself in a heated argument with his spouse. The disagreement intensifies, leading Alex to lose temper and throw an object across the room in frustration. This object unintentionally results in an injury to his spouse. This event culminates with law enforcement intervention, with Alex subsequently being charged with domestic violence.

Or take another hypothetical situation where an individual named Jordan, after weeks of verbal disputes with his adult child, initiates a physical confrontation. The situation escalates, the police get involved, and Jordan now faces domestic violence charges.

Whether you’re Alex, Jordan, or someone in a similar situation, navigating the judicial system can be an unnerving prospect. It’s in these circumstances that our law firm steps forward. We stand at the frontline of legal representation for individuals dealing with such legal conflicts, offering a comprehensive understanding of domestic violence legislation in Alabama.

Our approach to defense is characterized by meticulous care, relentless determination, and unwavering respect for each client’s unique circumstance. And it is this assertion that we impart to you that, facing such charges, you are not alone. Our legal teams strive tirelessly to put forth the strongest defense possible, so that every client can approach their legal journey with confidence and assurance. We represent you – the ones seeking defense, not the victims. Contact our Birmingham Alabama Domestic Violence in the Third Degree Attorney today at (205) 823-7233.