We Have Your Back In Domestic Violence Cases

Experiencing a family trouble is emotional and stressful on its own without also facing an allegation of domestic violence. Fortunately, you do not have to handle this complex problem on your own. You can work with a legal ally who knows how to stand up for your rights.

At Agricola Law, LLC, we are here for you. Our attorneys have helped many Alabama and Georgia individuals who either suffered domestic abuse or who faced allegations of domestic abuse. Because we practice both family law and criminal law, we understand how these areas affect one another when they overlap.

What Are The Penalties For Domestic Violence?

Domestic abuse, particularly when it involves violence or a sex act, carries very serious penalties. These may include:

• Court-ordered anger management classes
• Court-ordered counseling
• An order of protection from the victim
• Community service
• Probation
• Jail time

We know how to negotiate favorable plea bargains with the district attorney’s office or defend you at trial. Our goal is to achieve the best outcome available for you, whether this involves an acquittal or reduced sentencing.

How Does Domestic Violence Affect Divorce And Child Custody?

If you are also going through a divorce or a custody dispute, the mere allegation of domestic abuse can result in a less-than-favorable court judgment. Alabama and Georgia offer at-fault divorce, which means that one spouse can place the fault for the divorce on the other spouse. Domestic violence is a valid ground for a fault-based divorce.

Courts rarely grant custody or visitation to a parent accused of domestic violence, even if the allegations did not involve the child. If you lose custody of your child, you also stand to pay greater amounts of child support.

Are There Different Degrees Of Domestic Violence Charges In Alabama?

Yes, Alabama categorizes domestic violence charges into three distinct degrees based on the severity of the alleged offense and the circumstances involved. 

The three degrees of domestic violence charges include:

• First-degree domestic violence, representing the most serious category, includes aggravated assault, aggravated stalking or first-degree burglary committed against family members, classified as Class A felonies with potential life imprisonment
• Second-degree domestic violence, covering acts such as second-degree assault and nonaggravated stalking against domestic partners, classified as Class B felonies with sentences of two to 20 years in prison
• Third-degree domestic violence, including acts such as third-degree assault, harassment, menacing and reckless endangerment, often charged as misdemeanors but becomes felonies with prior convictions

Each classification requires specific legal strategies and experienced representation to achieve the best possible outcome.

What Are The Potential Penalties For A Domestic Violence Conviction?

Domestic violence convictions in Alabama carry severe consequences that extend beyond immediate criminal penalties. 

Criminal and civil penalties can include:

• Substantial jail time, ranging from several months for misdemeanor charges to life imprisonment for first-degree felony convictions
• Heavy fines, court costs and mandatory restitution to victims for medical expenses and property damage
• Protective orders prohibiting contact with victims and requiring defendants to vacate shared residences
• Mandatory participation in anger management programs, domestic violence counseling and substance abuse treatment
• Permanent criminal records affecting employment opportunities, professional licensing and housing applications
• Loss of gun ownership rights under federal law for domestic violence convictions

These consequences can have lasting impacts on your personal and professional life.

Can Domestic Violence Charges Be Dropped?

Domestic violence charges cannot simply be dropped by the victim once filed. Only the prosecuting attorney has the authority to dismiss charges, and prosecutors often proceed with cases even when victims request dismissal.

This occurs because domestic violence is considered a crime against the state, not just against the individual victim. Prosecutors may use evidence such as police reports, photographs, medical records and witness statements to pursue convictions without victim cooperation.

However, experienced attorneys can work with prosecutors to negotiate favorable outcomes, including reduced charges or alternative sentencing options when appropriate circumstances exist.

Representing Eastern Alabama And Western Georgia

We are respected members of the legal communities of Opelika, Auburn, Phenix City, Valley, Lanett, Beulah, Salem, Smith Station and Montgomery, Alabama, as well as Columbus, Georgia. Our attorneys regularly represent clients in courts in Russell County, Lee County, Chambers County, Macon County, Randolph County, Montgomery County, Tallapoosa County, Elmore County and Autauga County, Alabama, and Muscogee County, Harris County and Troup County, Georgia.

Protect Your Rights

In this overwhelming time, you are not on your own. We are ready to offer our strong defense to defend your rights against domestic violence allegations. Contact our St. Opelika office to schedule an initial consultation with one of our lawyers. Call us at 334-610-1064 or send us an email.