Is Domestic Violence 3rd Degree a Felony in Alabama?
Alabama is one of the several states in the United States that takes domestic violence seriously. The state has implemented measures to protect victims of domestic violence and hold perpetrators accountable for their actions. Domestic violence is a serious violation of a person’s legal and human rights, and Alabama has enacted laws to ensure that those who engage in such behavior are prosecuted to the fullest extent possible.
What is Domestic Violence 3rd Degree?
In Alabama, domestic violence is classified as a misdemeanor or a felony, depending on the nature and severity of the violence. Domestic Violence 3rd Degree is a Class C felony in Alabama. This level of domestic violence involves situations where the perpetrator has been previously convicted of domestic violence, or where the violation of the victim’s civil rights has been intentional, reckless, or negligent.
To be convicted of Domestic Violence 3rd Degree in Alabama, the prosecution must prove that the perpetrator knowingly or recklessly caused a victim to be in reasonable fear of imminent physical injury, or that the perpetrator recklessly caused physical contact with the victim.
Penalties for Domestic Violence 3rd Degree in Alabama
The penalties for domestic violence 3rd degree in Alabama are as follows:
| Charge | Penalty |
|---|---|
| Class C felony | Up to 5 years in prison and up to $15,000 fine |
Enhanced Penalties
If a person has been previously convicted of domestic violence, there are enhanced penalties that they may face. These enhancements include:
- A consecutive sentence of up to one year in prison
- A fine of up to $5,000
Defenses to Domestic Violence 3rd Degree Charges
While the law is in place to protect victims of domestic violence, it is also important for the accused to have the opportunity to defend themselves. Some common defenses to Domestic Violence 3rd Degree charges include:
- Mutual combat: This defense states that both parties were fighting each other, and there was no one-party initiative to commit violence.
- Self-defense: This defense states that the accused reasonably believed they were in danger of imminent physical harm or injury, and they reacted to protect themselves.
- Defense of others: This defense states that the accused was protecting someone else, such as a child, from physical harm or injury.
How to Beat a Domestic Violence 3rd Degree Charge in Alabama
If you are charged with Domestic Violence 3rd Degree in Alabama, it is important to know that you have the right to a fair trial and to defend yourself. Here are some steps to take to beat a domestic violence 3rd degree charge in Alabama:
- Hire an experienced defense attorney: A skilled and experienced defense attorney can review the evidence and build a strong defense for you.
- Gather evidence: Speak with witnesses, gather witnesses, and gather any relevant evidence that can help discredit the prosecution’s case.
- Challenge the prosecution’s case: Work with your defense attorney to challenge any weak or flawed evidence and build a strong defense case.
Conclusion
In conclusion, Domestic Violence 3rd Degree is a Class C felony in Alabama, punishable by up to 5 years in prison and up to $15,000 fine. While there are enhanced penalties for prior convictions, there are also defenses available to those charged with this crime. With the right defense strategy, it is possible to beat a Domestic Violence 3rd Degree charge in Alabama.
