Asked in Criminal Law and Domestic Violence for Alabama

Q: What can I do if someone was charged with Domestic violence 3rd but never caused any harm.

The woman had another man in their home. Which both of their names are on the lease to live there. He came home to another man in his bedroom. But was charged with dv the 3rd for telling the guy to get out his home. Nobody was hurt. No weapon was involved. No paper was given to me or anything.

1 Lawyer Answer
Samuel G McKerall
Samuel G McKerall
Answered
  • Criminal Law Lawyer
  • Gulf Shores, AL

A: This question cannot be meaningfully answered because of insufficient information. You state that the the defendant was charged with domestic violence 3rd for telling the guy to get out of his home.

The following is Alabama's law defining domestic violence in the 3rd degree:

Code of Alabama Section 13A-6-132

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; the crime of harassment pursuant to subsection (a) of Section 13A-11-8; the crime of criminal surveillance pursuant to Section 13A-11-32; the crime of harassing communications pursuant to subsection (b) of Section 13A-11-8; the crime of criminal trespass in the third degree pursuant to Section 13A-7-4; the crime of criminal mischief in the second or third degree pursuant to Sections 13A-7-22 and 13A-7-23; or the crime of arson in the third degree pursuant to Section 13A-7-43; 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 relationship, as defined in Section 13A-6-139.1, with the defendant. Domestic violence in the third degree is a Class A misdemeanor.

Please note that the crime of domestic violence in the 3rd degree can involve numerous situations in which the alleged victim was not touched by the defendant in any way. The defendant should have received a charging paper stating what he allegedly did that resulted in his being charged with this crime. That should provide more specific information about what the defendant actually did. The defendant should take the charging paper to a competent local criminal defense attorney and hire him or her to defend the charge. If he goes to the hearing without an attorney any number of bad things may happen that the attorney could have prevented.

In short: Hire a local criminal defense lawyer immediately, and in the meantime obey any conditions imposed in the release from bail order.

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