Domestic Violence

Domestic violence offenses are both very serious and incredibly common. In fact, according to data compiled by the Alabama Law Enforcement Agency and the Institute of Data and Analytics at the University of Alabama’s Culverhouse College of Business, there are nearly 3,000 domestic violence arrests each year in Jefferson County alone. Of course, not every allegation of family violence is based, and even those that have a kernel of truth are often exaggerated.

If you’ve been charged with domestic assault, menacing, or endangerment, it is imperative that you have an experienced Birmingham domestic violence attorney in your corner. At the Stoves Law Firm, P.C., we have more than 25 years of experience defending our clients’ names, futures and freedom in all types of DV cases.

Alabama Code Article 7 Section 13A-6 provides for four different domestic violence crimes:

Domestic Violence – Third Degree is a Class A misdemeanor for a first or second offense. For a third conviction, however, the crime becomes a Class C felony.

Domestic violence in the second degree involves the following offenses when committed against a family or household member:

• Assault in the Second Degree
• Intimidating a witness
• Stalking
• Burglary in the Second or Third Degree
• Criminal Mischief in the First Degree

Domestic Violence – Second Degree is a Class B felony. However, if it is your second offense, you will be required to serve six months in jail before being considered for probation or parole. Additionally, if the crime involved the violation of a protective order or was committed in the presence of a child under 14, the mandatory minimum sentence increases to 12 months in jail.

Domestic Violence – First Degree is a Class A felony. However, if you have a prior conviction for the same, you’ll face a mandatory one year in jail before being eligible for probation or parole. This mandatory minimum doubles to two years in jail if the crime involved the violation of a protective order or was committed in the presence of a child under 14.

This offense occurs when someone commits an assault or menacing offense against a family or household member by strangulation or suffocation or attempted strangulation or suffocation. In this context, strangulation involves restricting the breathing of another person by compressing the blood vessels or air passages of the neck. Suffocation, on the other hand, involves restricting another’s breathing by depriving them of air, either through the inhalation of toxic gases or by blocking or obstructing their airway. Domestic violence by strangulation or suffocation is a Class B felony.