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Domestic violence - First degree

Domestic Violence First Degree is considered by the Courts as an extremely heinous offense. There are also lesser degrees of domestic violence that carry lesser penalties. However, almost all domestic violence convictions cause the loss of your Second Amendment right to posess any type of firearm, even a hunting rifle. A criminal defense lawyer can take steps to protect those rights.

Domestic violence - First degree.
(a) A person commits the crime of domestic violence in the first degree if the person commits the crime of assault in the first degree pursuant to Section 13A-6-20 or aggravated stalking pursuant to Section 13A-6-91, 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 first degree is a Class A felony, except that the defendant shall serve a minimum term of imprisonment of one year without consideration of probation, parole, good time credits, or any other 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 probation, parole, good time credits, or any 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 first degree.

(Act 2000-266, p. 411, §1; Act 2011-581, p. 1273, §1; Act 2015-493, §2.)