Domestic Violence with Strangulation or Suffocation

The Stoves Law Firm, P.C., has vast experience dealing with cases related to domestic violence and the obstruction of emergency calls in Alabama. One such case is the interference with a domestic violence emergency call. If you are charged with this very serious crime, you need the Birmingham Domestic Violence Defense Attorney on your side. This offense, as defined by Alabama Code Section 13A-6-137, occurs when an individual commits domestic violence and restricts the airway or breathing of the victim in any way. Call our Birmingham Domestic Violence Defense Attorney today at (205) 823-7233.

Take for instance a situation where a domestic dispute escalates into physical violence. Any action made in an attempt to prevent the victim from breathing properly could be a violation of Alabama Code Section 13A-6-137. This action represents a clear violation of Alabama Code Section 13A-6-137. Section 13A-6-137 is a fairly new statute and is sometimes charged when it should not be due to law enforcement’s lack of understanding of the new statute.

Domestic violence with strangulation is considered more serious than typical domestic violence. This is because of statistics pointing to an increase in more serious violence when there has been strangulation in prior incidents. Simply put, if you strangle someone in a domestic violence incident today, you are statistically more likely to do more harm next time, or even to kill them.

Common Defenses to Domestic Violence

• Self-Defense: This defense is commonly used when the accused believes they were in imminent danger and had to protect themselves. However, the force used in self-defense must be proportional to the perceived threat.
• False Accusation: Sometimes, individuals may be falsely accused of domestic violence due to various reasons such as custody battles, personal vendettas, or misunderstandings. In these cases, the defendant can argue that the allegations were fabricated.
• Lack of Proof: The prosecution must present a reasonable amount of evidence to prove that domestic violence occurred. If they fail to do so, the defense can argue that there is not enough evidence to support the charges.
• Consent: Although rare and difficult to prove, the defense might argue that the alleged victim consented to the act. It’s important to understand that this does not excuse or justify abusive behavior. It is a complex defense that requires a deep understanding of the law.

Many of our clients are able to get Domestic violence charges dismissed by entering into a Domestic violence with strangulation is a serious crime in Domestic Violence Intervention Program, or DVIP. This program consist of classes as well as other conditions that if successfully met can result in the dismissal of the charges. Call our Birmingham Domestic Violence Defense Attorney today at (205) 823-7233.

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