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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32753
Experience:  Began practicing law in 1992
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Needing some questions answered about domestic violence 3rd

Customer Question

Needing some questions answered about domestic violence 3rd in Alabama
Submitted: 5 months ago.
Category: Legal
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

Is there a specific question with which I could assist?

Customer: replied 5 months ago.
What type of fines and punishment is normal for first time offender of dv3?
If I was arrested and warrants were signed, does that mean charges were pressed or need to be pressed?
Expert:  Dwayne B. replied 5 months ago.

Domestic violence in the third degree is a class A misdemeanor, which carries up to a year in jail. Most plea bargain offers are six months or more on probation for a first offense, assuming that the victim agrees. In addition, most courts require anger management classes. There can also be a fine and it is usually three thousand dollars but can be up to six thousand dollars.

If a warrant was issued and you were arrested then it is likely you were already charged. You would thus be waiting on your first court appearance at which you will enter a plea of guilty or not guilty. If you plead not guilty the judge will then set a hearing date.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 5 months ago.
Is it hard to prove self defense. I was threatened to be killed, physically pushed, poking in chest, etc. I do have pics of were this person put marks on my face and body, 2 sheriff reports (no charges).
This person was at my residence and was asked to leave more than 20 times, physically stopped me from leaving, and chased me in their car when I left in my car. Would any of this be helpful or is it all a mute point?
Expert:  Dwayne B. replied 5 months ago.

Sometimes it's extremely difficult and other times it isn't hard at all. It depends on what evidence is there. With self defense, witnesses are great evidence as well as the medical reports. The reports of the sheriff's office will also be helpful, as long as you have a good lawyer who can use the reports to prove that the sheriff's office didn't do their job to protect you.

Customer: replied 5 months ago.
I did not press charges. This person was arrested for dv3 as well, but no charges were filed. My neighbors have seen this person all up on me yelling and putting their finger in my face. I also have pics of property damage and the injury that was reported and filed with the sheriff. Will this help any?
All happened at my residence. Does that help?
Expert:  Dwayne B. replied 5 months ago.

The victim doesn't actually have to "press charges", it can be done by the police or the Distract Attorney.

Help with what or how?

Customer: replied 5 months ago.
Will any of my facts from the previous question help my chances of self defense and no jail time?
Expert:  Dwayne B. replied 5 months ago.

The witnesses will certainly help as will the fact that it occurred at your home. That makes it much easier to prove self defense.

The biggest thing with getting no jail time is it being your first offense.

Customer: replied 5 months ago.
My records are clean.
Expert:  Dwayne B. replied 5 months ago.

Then probation is likely, particularly if you also have a claim of self defense.

Customer: replied 5 months ago.
Even though a report wasn't made the third, can the officers be questioned about what damage they saw?
Expert:  Dwayne B. replied 5 months ago.

Yes.

Expert:  Dwayne B. replied 5 months ago.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.