Third Degree Domestic Violence
Understanding Third Degree Domestic Violence in Alabama
Domestic violence is a serious issue that affects countless individuals and families across Alabama each year. While any form of domestic violence is unacceptable, the state categorizes these crimes into varying degrees of severity, with third degree being the least severe.
What Constitutes Third Degree Domestic Violence?
Under Alabama law, third degree domestic violence occurs when someone commits a range of offenses against a current or former family member or romantic partner. These offenses can include:
- Assault in the third degree – causing physical injury to someone intentionally, recklessly, or with criminal negligence
- Menacing – placing someone in fear of imminent physical injury
- Reckless endangerment – engaging in conduct that creates a substantial risk of serious physical injury
- Criminal coercion – threatening to commit a crime or accuse someone of a crime to unlawfully restrict their freedom
- Harassment – striking, shoving, kicking, or touching someone offensively with the intent to harass, annoy, or alarm them
- Criminal surveillance – spying on someone without their consent for an unlawful purpose
- Criminal trespass – knowingly entering or remaining unlawfully on someone’s property
- Criminal mischief – damaging someone’s property intentionally, recklessly, or by negligence
- Arson – intentionally setting fire to a building, structure, or property belonging to someone else
The victim must be a current or former family member, which includes a spouse, parent, child, grandparent, grandchild, etc. If the victim does not fall into one of these categories, the crime may still be prosecuted as a similar offense, just not specifically as domestic violence.
Penalties for Third Degree Domestic Violence
A first conviction for third degree domestic violence in Alabama is a Class A misdemeanor, punishable by up to 1 year in jail and fines up to $6,000. However, the defendant must serve a minimum of 48 hours in jail without consideration of a reduction in time.
A second conviction is also a Class A misdemeanor, but carries a minimum 10 days in jail. A third or subsequent conviction becomes a Class C felony, punishable by 1-10 years in prison and up to $15,000 in fines.
If the defendant has any prior domestic violence convictions, including domestic violence by strangulation or suffocation, the third degree charge becomes a felony. Convictions in municipal court also count as prior offenses.