Key Steps to Take in Criminal Cases Involving Abuse
The stakes in criminal cases involving abuse are often considerable. These cases can have life-altering consequences, ranging from criminal penalties to long-term social repercussions. If you're facing criminal charges involving abuse in Alabama, you don’t have to face this alone. At Kesling Law Firm, we’re here to provide the legal guidance and support you need.
With over a decade of experience defending clients against criminal charges, our team combines extensive experience with an unwavering commitment to protecting our clients' rights. In this blog, we explore the critical steps you should take if you've been criminally charged with abuse and how our firm can help you protect your rights and your future.
Laws Governing Abuse in Alabama
Alabama has strict laws against abuse. Abuse-related cases typically fall under domestic violence statutes or assault statutes, depending on the allegations. Under Alabama Code §13A-6-130 through §13A-6-132, domestic violence charges are categorized based on the degree of severity:
First-degree domestic violence is the most serious charge and includes assault in the first degree, aggravated stalking, or burglary during which domestic abuse has occurred.
Second-degree domestic violence typically involves assault in the second degree, stalking, or burglary without aggravating factors.
Third-degree domestic violence encompasses harassment or minor assault incidents, often involving heated disputes or accusations.
If you've been criminally charged with abuse, you may face significant penalties. While the penalties for these offenses may vary, they typically involve the following:
First-degree domestic violence is considered a Class A felony, punishable by 10 years to life in prison.
Second-degree domestic violence is classified as a Class B felony, with penalties ranging from two to 20 years of imprisonment.
Third-degree domestic violence is considered a Class A misdemeanor, though it can still carry up to one year in jail and significant fines.
If the allegations involve assault (outside of domestic situations), the charges may range from simple assault, which is classified as a misdemeanor, to first-degree assault, which is classified as a Class B felony.
What to Do If You're Charged with Abuse
Abuse allegations are emotionally charged and legally demanding. Due to their serious nature, they often necessitate swift and deliberate action. Some of the possible ways you can defend yourself and protect your rights under these circumstances include:
1. Avoid Contact with the Accuser
Follow all legal requirements issued by law enforcement or a judge, and avoid any contact with your accuser. Also, comply with any restraining order or protective order issued against you. Failing to do so could result in additional charges that could complicate your case further.
2. Collect Evidence and Documentation
Gather evidence related to your case as soon as possible. This includes text messages, emails, voice recordings, and photographs that might be relevant. Witnesses who can provide statements or testimony about the incident in question may also play a critical role.
3. Maintain Silence During Investigations
Avoid making any statements to law enforcement without an attorney present. Anything you say to law enforcement could be used against you in court, even if you think the information you’re providing is harmless or explanatory. Exercise your right to remain silent until you’ve consulted with your attorney.
4. Hire an Attorney Immediately
For defense against abuse-related charges, speak with an attorney who is familiar with Alabama law as soon as possible. Your attorney will analyze the evidence, challenge inconsistencies, and help you develop a defense strategy that prioritizes your best interests.
5. Be Honest with Your Attorney
Your attorney cannot build an effective defense unless they have the full picture. Be honest with every detail of your case, even if some aspects feel uncomfortable to share. Your attorney will handle your information confidentially. The better they understand your situation, the better they can build a strong defense.
6. Exercise Discretion to Protect Your Reputation
Cases involving abuse allegations often receive heightened public scrutiny. Exercise discretion when discussing your case with anyone, including friends, family, or coworkers. Avoid posting anything about the case on social media, as these platforms often become sources of evidence in legal proceedings.
How an Attorney Can Help Build a Strong Defense Against Abuse
At Kesling Law Firm, we recognize that every abuse case is unique, and cookie-cutter legal approaches simply don’t work. Instead, our criminal defense attorney follows a comprehensive approach to understand the circumstances behind your charges and develop a tailored defense strategy. Some of the ways we can help include:
Reviewing evidence: We will meticulously examine all available evidence, looking for inconsistencies, procedural errors, and gaps that may weaken the prosecution's arguments.
Witness testimonies: We will gather statements from reliable witnesses while identifying potential biases in the accuser's narrative.
Legal challenges: If there are any breaches in protocol, such as improper arrest procedures or an incomplete investigation, we will incorporate these into your defense.
Negotiation and trial advocacy: Whether through negotiations or trial, we’re prepared to argue your case thoroughly and persuasively.
Criminal Defense Attorney Serving Orange Beach, Alabama
Being charged with abuse is serious, and it often necessitates immediate legal action. If you or someone you know has been accused of or charged with abuse, our firm can help. At Kesling Law Firm, we have over a decade of experience providing skilled legal counsel to help you feel supported, informed, and empowered.
Located in Orange Beach, Alabama, we serve clients throughout Baldwin County and the Alabama Gulf Coast, including Gulf Shores, Foley, and Josephine. Contact us today to scheduled a consultation.