Domestic violence cases are often complicated and involve competing versions of events. These cases are even more complicated when the woman is the alleged abuser, especially if she claims that she acted in self-defense. In two recent cases, Alabama women were arrested and charged with serious crimes, including domestic violence. The cases shed light on the complexity of domestic violence cases and the need for experienced, strategic defense to prevent unreasonable or unjust penalties against alleged abusers.
Depending on the circumstances of the dispute and the arrest, both parties may be charged with domestic violence. Most of these cases will have he said/she said competing versions of the story and the alleged abuser can face significant challenges. Our Birmingham domestic violence attorneys are experienced in providing strategic counsel and advocacy to individuals who have been arrested and charged with domestic violence. We are also experienced in handling more complex cases involving female defendants, assault, and domestic abuse.
In a recent Dale County case, a woman was arrested for allegedly stabbing a man who escaped to the parking lot of a Baptist Church. According to reports, the male victim suffered from multiple stab wounds in the chest and back. An initial investigation revealed that the couple was in a verbal dispute and the alleged victim fled the residence. Police reports indicated that the victim traveled to the church and called 911 where he was treated for the stab wounds and other injuries. The alleged abuser was charged with Domestic Violence and Assault in the Second Degree.
In another Alabama case, a woman in Montgomery was accused of shooting her boyfriend after a dispute. The defendant was arrested and charged with Domestic Violence and Assault in the Second Degree after police responded to a disturbance. The female defendant is being held on a $15,000 bond in the Montgomery County Detention Facility.
It is unknown whether these alleged abusers will use self-defense as a defense in their domestic violence cases. Domestic violence charges and defense opportunities are the same for both women and men. In Alabama, a defendant should consult with an experienced legal advocate who can explore all available defenses. One of the most common defenses in a domestic violence case is self-defense. For women who believe that they will suffer severe bodily harm and act in self-defense, they may be able to get their charges reduced or dropped.
Domestic violence is a serious offense and a conviction can have severe penalties, including eviction, loss of custody, jail time, and a criminal record. An experienced attorney can review the facts of the case, including police reports, to determine if statutory requirements of domestic violence were met. Cases involving a serious violent crime, such as a shooting or stabbing in the aforementioned disputes, will likely carry additional charges and penalties. Any defendant should have their case reviewed to ensure they are not over-charged or over-penalized for their offense.