Legal Question in Criminal Law in Alabama

What will happen to me if I have been charged with domestic violence 3rd degree? This is the first offense and in the state of Alabama.


Asked on 12/07/09, 6:33 pm

1 Answer from Attorneys

Robert Kreitlein Robert Kreitlein, Attorney at Law

Well, if you are not guilty, you can plead not guilty and have a trial where the state or city would have to prove that you are guilty beyond a reasonable doubt. This charge is a misdemeanor. With no prior convictions, you would most likely get probation and fines-no jail time. A domestic violence conviction (even a misdemeanor) can have some other consequences (being excluded from being considered for employment as a police officer, for example), though, so you should consult a defense attorney in your county before making the choice to go to trial.

If you are guilty-or even if you feel that there is enough evidence that a judge would probably find you guilty-you can ask for something called a "pre-trial diversion" or "deferred prosecution". That means you would complete a domestic violence counseling program or anger management classes and after successfully completing the program/classes, your case would be dismissed.

Again, you probably should speak to an attorney before making any decisions. You will probably have the opportunity to speak to a court-appointed attorney if you cannot afford one on your own.

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Answered on 12/13/09, 5:00 pm


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