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What are charges for first offense of domestic violence 3?

Andalusia, AL |

my husband may be convicted of 2 charges of domestic violence in the third degree. What would he be looking at as far as jail time or probation. he has already agreed to get counseling for his anger problems and this is his first offense.

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Attorney answers 3


This a question of sentencing, since your husband has already been charged with the offense(s). Under the Code of Alabama, a conviction of 'Domestic Violence Third Degree' is classified as a Class A misdemeanor and carries a possible fine and period of incarceration. If convicted in a municipal court, the statutory maximum fine and period of incarceration is $1000 and/or 6 months sentence for each conviction. In other words, two convictions could be run consecutively and that would result in a fine and/or incarceration of $2000 and 12 months.

If convicted in a state district court, the sentence is somewhat more severe due to the fact that Class A misdemeanor convictions in a district court are authorized a term of up to 12 months sentence and a greater fine. Whether the court would actually impose incarceration in place of probation is a question that only the trial judge can determine. It would be pure speculation to offer an opinion as how any judge will impose a sentence in a hypothetical situation. In any event, the trial judge has the authority to enter an order to serve active jail time, or to place the convicted offender on probation and subject to further orders of the court.

A conviction of 'Domestic Violence' of any degree carries significant collateral effect - any person convicted is prohibited under Federal statutes (18 U.S.C. 922 (g)] from owning, possessing, purchasing, or transporting firearms and/or ammunition. That would be a federal felony criminal offense if once convicted of a crime of domestic violence to later have in his possession any firearm.

Your best course of action is to seek the professional services of a qualified criminal defense attorney who is familiar with the statutory law as well as local practice rules. For a listing of criminal defense lawyers in your local area, check the listings of the Alabama Criminal Defense Lawyers Association at www.acdla. org.


It depends on his record. You should check and see if domestic violence diversion course available. It is available in many cities. He could get up to 1 year in jail on each case, although very unlikely. He could also get probation on both.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.


I would like to add to Patrick's scholarly answer that you may want to look into pretrial diversion if it is available in your jurisdiction for this offense (or a lesser reduced charge such as harassment). If you do not object to the reduction of charges, it might help him retain his right to bear firearms, because conviction of Domestic Violence III involves losing the right to bear arms. You should consult with an attorney as far as trial strategy if he has not been found guilty. I have an office in Enterprise if I can help.

The following language is required pursuant to Rule 7.2, Alabama Rules of Professional Conduct: "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers." No attorney client relationship is created by this message. Thank you.

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