Defending Against Domestic Violence Allegations

Terry Luck • January 25, 2020

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.

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