Florence Domestic Violence Defense Lawyer

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Any allegations of domestic violence are serious, regardless of the specific charges. Many charges are considered felonies, which can impact your criminal record and limit future opportunities. If you have received charges for domestic violence, contact a Florence domestic violence defense lawyer to learn how you might be able to reduce your charges or have them dismissed.

Effective and Targeted Legal Representation in Florence AL

The Law Office of Brad Phillips, LLC, has represented thousands of clients in the North Alabama and Tennessee area. Based in Florence, Alabama, we have a unique knowledge of criminal law and the criminal courts in the region. Let our experience work for you and your criminal charges. Contact us to learn more about what we can do for your specific situation.

What Is Domestic Violence?

In order to be convicted of domestic violence, the court must prove two things:

  1. The defendant committed an act of violence toward another person.
  2. The two people involved had a specific type of relationship.

There are several different events that a prosecutor might claim as domestic violence, including:

  • Property damage like arson or trespassing
  • Abuse or assault, which includes things like child abuse and sexual abuse
  • Making someone feel threatened, including charges like criminal coercion, harassment, and menacing
  • Kidnapping, stalking, or imprisoning someone

If a person has a protection order against the defendant, the defendant must follow what is stated in the order, whether it is avoiding contact or staying physically away from the victim. If a defendant is found in violation of this order, it can also be followed with criminal charges.

In order for violent acts to be considered domestic violence, the people involved must be in a relationship similar to the following:

  • A dating relationship or marriage, regardless of whether the marriage is still valid or not
  • A familial relationship like a parent or a child, either biological or step-relative
  • A residential relationship in which the two individuals are living in the same household

Why Do I Need an Attorney if I’ve Been Accused of Domestic Violence?

Even if you are certain that you did not commit the actions outlined in your criminal charges, you must convince the jury to believe you. An attorney can help your position hold up in court. They can develop a defense strategy for you based on your circumstances. Common defense strategies for domestic violence charges include:

  • Self-Defense: In some instances, an individual might accuse someone of domestic violence to hide violent activities that they themselves committed. If you performed certain actions out of fear for your own safety, it might be considered self-defense in the context of your case.
  • Incorrect Charges: Unfortunately, some individuals attempt to have former spouses or partners convicted of domestic violence charges in an attempt to receive custody over children or more assets in a divorce. The charges you have received may have no basis in reality and could be a way for a spouse to attempt to get what they want.
  • Lack of Evidence: In many cases, there is little evidence proving that you committed the crime. Sometimes, law enforcement obtains evidence illegally through searches and seizures that do not follow procedure. If evidence was obtained illegally, it might be disqualified. In this case, it cannot be used to prove something that you may or may not have done.
  • Identity: This type of defense is less common in domestic violence cases, but it is possible that the person pressing charges might not be able to identify you in a lineup. This means that they might not know who committed the crimes you are being accused of.

Every domestic violence case is different and requires a different strategy to receive a positive outcome. This is why it is so important to work with a criminal defense attorney when fighting domestic violence charges. They can gather evidence, speak to law enforcement, and perform other actions on your behalf to stand up for your position both in and out of court.

FAQs

Q: What Is Second-Degree Domestic Violence in Alabama?

A: Second-degree domestic violence depends on the victim that the violent action was committed against. In Alabama, domestic violence is considered second-degree if the victim is related to the aggressor in some way. This can include things like current and former partners, children or parents, or other residents of the household. Domestic violence charges can include many different types of charges, including assault, stalking, and harassment.

Q: How Long Does Domestic Violence Stay on Your Record in Alabama?

A: Domestic violence usually stays on your record permanently in Alabama. In most cases, domestic violence is considered a felony. Most violent felonies stay on a criminal record permanently if the individual has been found guilty of the charges.

Some misdemeanors and felonies are eligible for expungement in Alabama, but this mostly applies to nonviolent offenses. If the charges were dropped or if the defendant was not found guilty, it might be possible to have them expunged or removed from a criminal record.

Q: What Is Third-Degree Domestic Violence in Alabama?

A: Certain crimes that fall under domestic violence are considered third-degree crimes in Alabama. These crimes include things like harassment, reckless endangerment, coercion, and third-degree assault. Third-degree domestic violence charges are usually considered a misdemeanor. For the crime to be considered domestic violence, there must have been a specific type of familial or romantic relationship between the victim and the defendant.

Q: Does Harassment Qualify as Domestic Violence in Alabama?

A: There are many different types of actions that qualify as domestic violence in Alabama, including harassment. Virtually any action that makes another person feel threatened or annoyed can be seen as harassment. Common actions include things like:

  • Touching someone without their consent
  • Crude or vulgar language or gestures
  • Making threats
  • Harassing someone using a communication channel like mail, text, or email

Contact The Law Office of Brad Phillips, LLC

Don’t let someone else’s accusations affect your opportunities in life. For a comprehensive defense strategy tailored to your individual situation and needs, contact The Law Office of Brad Phillips, LLC. Schedule a consultation today to learn more about your options and what actions you should take to improve your odds of success.

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