Blog Layout

Defending Against Domestic Violence Allegations

Jan 25, 2020

Defending Against Domestic Violence Allegations

Defending Against Domestic Violence Allegations
The law in Alabama takes domestic violence very seriously. When someone engages in violent conduct against someone with whom they share a specific relationship, it can result in domestic violence charges instead of regular assault charges. A domestic violence conviction can have a lasting impact on your life, and it is important to avoid a conviction whenever you can. The first step toward doing so is to discuss your charges with an experienced domestic violence defense attorney in Montgomery.

Domestic Violence Charges and Penalties

In Alabama, domestic violence charges may apply if the alleged aggressor has one of the following relationships to the victim:

●    Spouse or former spouse
●    Dating partner or former dating partner
●    Household members (current or former)
●    The other parent of their child
●    Children
●    Parents or other close family members

There are different charges you might face depending on the allegations of what happened, which might include:

●    Domestic violence in the third degree = Class A misdemeanor charges and up to one year in jail
●    Domestic violence in the second degree = Class B felony charges and up to 20 years in prison
●    Domestic violence in the first degree = Class A felony charges and up to life in prison
●    Domestic violence by suffocation or strangulation = Class B felony charges and up to 20 years in prison

Even a seemingly minor situation involving a domestic dispute can result in time in jail if you are arrested and convicted of domestic violence.

In addition to the court-imposed penalties, domestic violence convictions can have many lasting consequences. For example, you might not be able to work in certain professions, such as caretaking or teaching. You also might lose custody rights to your kids, or it might be difficult to find rental housing.

Possible Protective Orders

If you are accused of domestic violence, the alleged victim might decide to seek a protective order from the court. You might not have the ability to defend against a temporary order, but you will have the right to appear at a hearing and defend yourself before a long-term order is issued. You should always have an experienced lawyer helping you to fight against the order, as an order can restrict your rights for years to come.

Domestic Violence Defenses

The reality is that many domestic violence accusations are false or highly exaggerated. Often, someone will claim they were the victim of domestic abuse to avoid an arrest themselves, to impact a pending divorce or custody battle, or even just for revenge. There are many different defenses your attorney might present to help you get an acquittal, your charges dropped, or a reduced sentence if you plead guilty. Some common defenses include self-defense, false allegations, insufficient evidence, and more.

Contact a Montgomery Criminal Defense Lawyer for Assistance

At Luck Law, we represent people facing a wide range of criminal charges, including domestic violence. After an arrest, you should not wait to discuss your defense options with our legal team. Call 334-262-5455 or contact us online to learn more about how we can help.

Terry's Tips

A woman is giving a presentation to a group of people in a courtroom

Navigating Alabama's Criminal Justice System: What Every Defendant Should Know

By Terry Luck • 13 May, 2024
Facing criminal charges in Montgomery, AL? Get expert defense to protect your rights and ensure fair treatment throughout the legal process.
A person is driving a car with their hand on the steering wheel.

Understanding Compensation Laws for Automobile Accidents in Elmore County

By Terry Luck • 13 May, 2024
Get expert legal help in Elmore County for car accident claims. Understand your rights and compensation entitlements under Alabama law.
A wooden judge 's gavel is sitting on a table next to a scale of justice.

Op-ed: I voted to send a man to death row. It turns out he is innocent.

By Monique Hicks • 29 Apr, 2024
Meta Description: Monique Hicks reflects on her role in a wrongful conviction 25 years ago, the case's resurgence, and her call for a new trial for Toforest Johnson.
A man is giving a presentation to a group of people in a courtroom

How Montgomery Alabama Courts Determine Fault in Personal Injury Cases

By Terry Luck • 03 Apr, 2024
Montgomery, AL personal injury attorney excels in court, providing top-tier representation to secure justice for victims. Contact us today!
A man in a suit and tie is standing in front of a laptop in a courtroom.

Defending Against Drug Charges in Montgomery, Alabama

By Terry Luck • 03 Apr, 2024
Montgomery, AL drug defense attorney offers skilled legal representation to protect your rights and challenge drug charges. Contact us today!
two men are standing in front of a judge in a courtroom .

The Importance of Hiring a Criminal Defense Attorney in Montgomery, Alabama

By Terry Luck • 06 Mar, 2024
Secure your rights with Luck Law, LLC's experienced Montgomery criminal defense attorney. Expert legal defense for a fair case outcome.
a judge 's gavel , scales of justice , and books are on a wooden table .

Helpful Tips for the Families of a Wrongful Death in Montgomery, Alabama

By Terry Luck • 06 Mar, 2024
Explore essential tips for families facing wrongful death in Montgomery, AL, to navigate legal challenges and seek justice during tough times.
a person is sitting at a table holding a piece of paper .

Common Criminal Defense Strategies that Alabama Defense Attorneys Use in Montgomery

02 Feb, 2024
Facing criminal charges in Montgomery, AL? Rely on skilled defense attorneys' strategies to protect your rights and future. Learn how.
Show More
Share by: