[Worried254]

My question involves criminal law for the state of: Alabama

Hi, all. I have a friend of mine who's really worried about what he will be sentenced to come his court date sometime this year. See, this is his first time EVER getting in trouble with the law. He has a 2nd degree domestic violence charge on him (for hitting his stepfather with a baseball bat). His stepfather will NOT press charges against him and even will speak on his behalf in court. His stepfather didn't even go to the hospital. It was just a small family fight that just happened during the spur of the moment. Despite all that, my friend thinks that he will be sentenced to life in prison or even the death penalty when I'm trying to convince him that he will just get either probation or community service (and NO MORE JAIL TIME). He is extremely depressed over the matter and can't stop crying (and is contemplating suicide). Please prove him wrong and prove me right and let me know what kind of sentence he will receive. Thanks.

[divemedic]

Anyone convicted of a crime of domestic violence is prohibited from ever owning or possessing a firearm, and there is no exemption for law enforcement or military. I don't know what the other penalties are.

[aardvarc]

If convicted, he's looking at incarceration between 2 and 20 years:

From Alabama statutes:

Section 13A-6-131
Domestic violence - Second degree.

(a) A person commits the crime of domestic violence in the second degree if the person commits the crime of assault in the second degree pursuant to Section 13A-6-21, 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 or engagement relationship with the defendant.

Domestic violence in the second degree is a Class B felony, except the defendant shall serve a minimum term of imprisonment of six months without consideration of probation, parole, good time credits, or any reduction in time for any second or subsequent conviction under this subsection.


Section 13A-5-6
Sentences of imprisonment for felonies.

(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations:

(1) For a Class A felony, for life or not more than 99 years or less than 10 years.

(2) For a Class B felony, not more than 20 years or less than 2 years.