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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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i was arrested yesterday for domestic violence 3rd degree got

Customer Question

i was arrested yesterday for domestic violence 3rd degree got out with a 1000$ bond and my court date is december 3rd. i live in alabama birmingham. what is my minimum and maximum charge?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Samuel II replied 8 years ago.



it appears it is a class A misdemeanor - for DV charges there is a mandatory minimum of 48 hours - unless a protection order was violated in the process and then the anty goes up to 96 hour mandatory minimum. the maximum for the class A is one year - in addition to a fine not more than $6,000


Domestic violence - Third degree.

(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; or the crime of harassment pursuant to subsection (a) of Section 13A-11-8; 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 or engagement relationship with the defendant. Domestic violence in the third degree is a Class A misdemeanor, except the defendant shall serve a minimum term of imprisonment of 48 hours in a city or county jail or detention facility without consideration of reduction in time for any second or subsequent conviction under this subsection.

(b) The minimum term of imprisonment imposed under subsection (a) shall be double 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.

(Act 2000-266, p. 411, §3.)


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Customer: replied 8 years ago.
what i wanted to know is, what my chances are to get out of this with good lawyers. can i get out not guilty?
Expert:  Samuel II replied 8 years ago.



well, not knowing all the facts, i cannot predict if you could get off - DV cases are taken very seriously.


i was thinking you could try to get them to make it an assault 3 charge which would eliminate the DV - although both are class A misdemeanors - but if they would agree to the assault and not the DV - then you would not need to do the mandatory minimum and also you might have a better shot at a probation before judgement - so, yes - it is possible a lawyer in your area would be able to help you negoiate with the district attorney on this.