Domestic violence is a serious offense, even as a misdemeanor, the consequences of a conviction can haunt the person forever. The long-lasting impact can ruin their ability to own or possess firearms as well as hurt any potential job opportunities they have or will seek. Not to mention, there is a stigma that goes along with the simple domestic violence charge and many people do not look at the person in the same manner – this holds true for law enforcement on future encounters – where or not the person accused is convicted of the crime.
MISDEMEANOR DOMESTIC VIOLENCE
Domestic Violence III is a Class a misdemeanor and is punishable by up to one year in the County Jail. A person is charged with the crime of Domestic Violence III, which is a very broad statute, as follows:
ALABAMA CODE § 13A-6-132
(a) A person commits domestic violence in the third degree if the person commits the crime of assault in the third degree pursuant to Section 13A-6-22 ; the crime of menacing pursuant to Section 13A-6-23 ; the crime of reckless endangerment pursuant to Section 13A-6-24 ; the crime of criminal coercion pursuant to Section 13A-6-25 ; the crime of harassment pursuant to subsection (a) of Section 13A-11-8 ; the crime of criminal surveillance pursuant to Section 13A-11-32 ; the crime of harassing communications pursuant to subsection (b) of Section 13A-11-8 ; the crime of criminal trespass in the third degree pursuant to Section 13A-7-4 ; the crime of criminal mischief in the second or third degree pursuant to Sections 13A-7-22 and 13A-7-23 ; or the crime of arson in the third degree pursuant to Section 13A-7-43 ; and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating relationship, as defined in Section 13A-6-139.1 , with the defendant. Domestic violence in the third degree is a Class A misdemeanor.
(b) The minimum term of imprisonment imposed under subsection (a) shall be 30 days without consideration of reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the third degree.
(c) A second conviction under subsection (a) is a Class A misdemeanor, except the defendant shall serve a minimum term of imprisonment of 10 days in a city or county jail or detention facility without consideration for any reduction in time.
(d) A third or subsequent conviction under subsection (a) is a Class C felony.
(e) For purposes of determining second, third, or subsequent number of convictions, convictions in municipal court shall be included.
As you can see, this wide-ranging statute provides for various reasons why a domestic violence charge can be brought against a person. Let’s take the statute piece by piece:
A person commits domestic violence III if they commit the crime of assault III, which is as provided by Alabama Code § 13A-6-22:
(a) A person commits the crime of assault in the third degree if:
(1) With intent to cause physical injury to another person, he causes physical injury to any person; or
(2) He recklessly causes physical injury to another person; or
(3) With criminal negligence he causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or
(4) With intent to prevent a peace officer from performing a lawful duty, he causes physical injury to any person.
(b) Assault in the third degree is a Class A misdemeanor.
A person commits domestic violence III if they commit the crime of menacing, which is as provided by Alabama Code § 13A-6-23 :
(a) A person commits the crime of menacing if, by physical action, he intentionally places or attempts to place another person in fear of imminent serious physical injury.
(b) Menacing is a Class B misdemeanor.
- It is important to realize that while menacing is a Class B misdemeanor, which allows for punishment of not more than 6 months in the County Jail or hard labor for the County, and fines of not more than $3,000.00; if you have the relationship component where the victim is a current of former spouse, parent, child, household member (current or former), or someone you share a child in common or have a dating relationship (current or former), the Domestic Violence III charge can be brought against you and makes it a Class A misdemeanor, which if convicted, can lead to:Jail time or hard Labor:(1) For a Class A misdemeanor, not more than one year.(1) For a Class A misdemeanor, fines of not more than $6,000.
A person commits domestic violence III if they commit crime of reckless endangerment pursuant to §Alabama Code 13A-6-24
(a) A person commits the crime of reckless endangerment if he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.
(b) Reckless endangerment is a Class A misdemeanor.
A person commits domestic violence III if they commit crime of reckless endangerment pursuant to Alabama Code § 13A-6-25
(a) A person commits the crime of criminal coercion if, without legal authority, he threatens to confine, restrain or to cause physical injury to the threatened person or another, or to damage the property or reputation of the threatened person or another with intent thereby to induce the threatened person or another against his will to do an unlawful act or refrain from doing a lawful act.
(b) Criminal coercion is a Class A misdemeanor.
A person commits the crime of domestic violence III, if they commit the crime of harassment pursuant to Alabama Code § 13A-11-8
(a)(1) HARASSMENT. A person commits the crime of harassment if, with intent to harass, annoy, or alarm another person, he or she either:
a. Strikes, shoves, kicks, or otherwise touches a person or subjects him or her to physical contact.
b. Directs abusive or obscene language or makes an obscene gesture towards another person.
(2) For purposes of this section, harassment shall include a threat, verbal or nonverbal, made with the intent to carry out the threat, that would cause a reasonable person who is the target of the threat to fear for his or her safety.
(3) Harassment is a Class C misdemeanor.
A person commits the crime of domestic violence III, if they commit the crime of harassment pursuant to Alabama Code § 13A-11-8(b)
(b)(1) HARASSING COMMUNICATIONS. A person commits the crime of harassing communications if, with intent to harass or alarm another person, he or she does any of the following:
a. Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written or electronic communication, in a manner likely to harass or cause alarm.
b. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication.
c. Telephones another person and addresses to or about such other person any lewd or obscene words or language.
Nothing in this section shall apply to legitimate business telephone communications.
(2) Harassing communications is a Class C misdemeanor.
- Again, regarding the Harassment and Harassing Communications portions of the applicable statue, if you have the important relationship component discussed above, you can be charged with Domestic Violence III, which is a Class A misdemeanor instead of the Class C misdemeanors the charge provides (a) Sentences for misdemeanors shall be a definite term of imprisonment in the county jail or to hard labor for the county, for not more than three months and a fine of not more than $500.00.
A person commits the crime of domestic violence III, if they commit the crime of criminal trespass pursuant to § 13A-7-4
Criminal trespass in the third degree.
(a) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises.
(b) Criminal trespass in the third degree is a violation.
- Again, an offense that is only a violation level offense becomes a Class A misdemeanor if the relationship component is involved.
A person commits the crime of domestic violence III, if they commit the crime of the crime of criminal mischief in the second or third degree pursuant to Sections 13A-7-22 and 13A-7-23 :
Criminal mischief in the second degree.
(a) A person commits the crime of criminal mischief in the second degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property in an amount which exceeds five hundred dollars ($500) but does not exceed two thousand five hundred dollars ($2,500).
(b)(1) Criminal mischief in the second degree is a Class A misdemeanor punishable as provided by law.
(2) Upon a second conviction of criminal mischief in the second degree within a five-year period involving damage to a church or other religious building, or damage to property in a church or other religious building, the defendant shall be sentenced to a mandatory minimum sentence of not less than 10 days in jail and upon a third or subsequent conviction of criminal mischief in the second degree within a five-year period involving damage to a church or other religious building, or damage to property in a church or other religious building, the defendant shall be sentenced to a mandatory minimum sentence of not less than 30 days in jail.
(3) Upon conviction for criminal mischief in the second degree involving a church or other religious building or damage to property in a church or other religious building, the court shall order restitution as a first priority before the payment of fines, court costs, or other court ordered payments.
OR
Criminal mischief in the third degree.
(a) A person commits the crime of criminal mischief in the third degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property in an amount not exceeding five hundred dollars ($500).
(b) Criminal mischief in the third degree is a Class B misdemeanor.
- Again, on Criminal Mischief III, normally a Class B misdemeanor becomes a Class A misdemeanor once the relationship component is established.
A Person commits the crime of domestic violence III if they commit the crime of criminal surveillance third degree pursuant to Section 13A-11-32:
Criminal surveillance.
(a) A person commits the crime of criminal surveillance if he intentionally engages in surveillance while trespassing in a private place.
(b) Criminal surveillance is a Class B misdemeanor.
Lastly, a person commits the crime of domestic violence III if they commit the crime of arson in the third degree pursuant to Section 13A-7-43 :
Arson in the third degree.
(a) A person commits the crime of arson in the third degree if he recklessly damages a building by a fire or an explosion.
(b) A person does not commit a crime under this section if no person other than himself has a possessory or proprietary interest in the damaged building.
(c) The burden of injecting the issue of justification in subsection (b) is on the defendant, but this does not shift the burden of proof.
(d) Arson in the third degree is a Class A misdemeanor.
As you can see, the crime of Domestic Violence III, encompasses many other crimes – some of which have a lower degree of punishment in jail and/or fines. However, a person accused is charged with a misdemeanor and in many cases, more than one domestic violence III charge for the exact same offense when that important relationship component is present. This is not fair to the person charged and can result in lifelong issues for the person if they are convicted of a crime of domestic violence, which is to be taken seriously.
CALL 251-943-4870 TODAY IF YOU HAVE BEEN CHARGED WITH DOMESTIC VIOLENCE AND NEED HELP!
