danielle
12-26-2002, 10:14 PM
By Chris Norwood
12-26-2002
Any violent crime is particularly heinous, but a violent crime perpetrated by a family member is a particularly horrible, viscous and all too common.
Recognizing this fact, the Alabama Legislature passed a slate of new laws in 2000 adding the designation “domestic violence” to the assault, menacing and harassment statutes already on the books.
Although domestic violence problems remain disheartening common in Alabama, the new laws have made a difference.
Talladega County District Attorney Steve Giddens specifically cites a case — which did not occur in Talladega County — shortly after the new laws went into affect.
“A police dispatcher received a call from a woman who said her husband had just beaten her and she feared for her life,” Giddens said. “The dispatcher sent a patrol car to the couple’s home. But before the officer arrived, the woman called back and told the dispatcher that she no longer wished to press charges, that everything was OK.
“The dispatcher, thinking quickly, asked the woman to give her a number between one and five. The woman said ‘six.’”
When police arrived, the woman’s husband was holding a gun to her head.
In all probability, this woman’s life was saved by a crucial provision of the new law allowing for warrantless arrests in domestic violence cases.
“That is very beneficial for law enforcement,” Giddens explained. “The officer can still make an arrest, even if the victim refuses to sign the warrant.
“If the officer finds a wife or child or husband who has obviously been assaulted, they can make the arrest on their own. It puts it in the officer’s judgment and lets the court determine the crime based on the fact.”
In addition to making arrests simpler, abusers will also face enhanced penalties and mandatory minimum sentences after conviction for domestic violence in the first, second or third degree.
The crime of domestic violence is defined by the relationship between the victim and the suspect.
In order to qualify for a domestic violence charge, the victim must be “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.”
A domestic violence in the third degree charge covers the crimes of harassment, criminal coercion, reckless endangerment or assault in the third degree when any of the above relationships apply.
Domestic violence in the third degree is a Class A misdemeanor, punishable by up to one year in jail upon conviction. For any second or subsequent conviction, the abuser faces a mandatory minimum sentence of 48 hours in jail. The minimum sentence doubles if the abuse is committed in violation of a protection order.
The Alabama criminal code does not generally provide minimum sentences for misdemeanors.
Harassment is defined as subjecting a person to physical contact with the intent to harass, annoy or alarm, or directing obscene or abusive language toward another person. It is normally a Class C misdemeanor.
Menacing is defined as “placing another person in fear of imminent serious physical injury,” and is normally a Class B misdemeanor.
Criminal coercion, reckless endangerment, or assault in the third degree — intentionally causing physical injury — are normally Class A misdemeanors.
Domestic violence in the second degree includes cases of assault in the second degree involving related parties. Assault in the second degree, a Class C felony, is defined as causing “serious physical injury.”
Second degree domestic violence is a Class B felony, meaning the punishment goes up to two to 20 years in prison. Any second or subsequent conviction carries a mandatory minimum sentence of six months in prison, with no possibility for probation, parole, good time or any other sentence reduction.
Domestic violence in the first degree correlates to assault in the first degree, which is defined as assault causing serious physical injury with a weapon or dangerous instrument, intentional disfigurement or dismemberment, recklessly creating a grave risk of death. The penalty for domestic violence in the first degree jumps from a Class B felony to a Class A felony, punishable by 10 to 99 years or life in prison. If a weapon is used, the minimum sentence is 20 years. The mandatory minimum sentence for a second conviction is one year in prison, with no parole or time off.
A second or subsequent offense does not have to be against the same victim.
In all cases, the minimum sentence doubles, again with no possibility of probation, parole or good time, if a protection order is violated.
A mandatory minimum sentence guarantees that the perpetrator will serve every day of the minimum. They may not be given probation, and there is no possibility of parole, time off for good behavior, or any other criteria for early release until the minimum sentence has been served.
In addition to enhanced sentencing, the new laws also mandate that any person charged with domestic violence be held for at least 12 hours as a “cooling off period.”
“During that 12 hours, they will be brought before a judge, who outlines the conditions of their bond,” Giddens explained.
The 12-hour hold is necessary because of the high number of repeat offenders, he added.
As part of a grant awarded to his office last year, Giddens said, computer tracking software has been installed that makes it much easier to track abusers.
The grant also helped pay for laptop computers to run the software, digital cameras to allow police officers to document bruising and other signs of physical abuse, and a prosecutor and victims advocate.
Assistant District Attorney Chad Woodruff is the designated prosecutor for domestic violence cases, and Donna Lackey is the current victims advocate, whose role is to “help the victims find shelter and resources, and to provide guidance through the legal system,” Giddens said.
The cameras are particularly helpful, he added, “because the injuries have to be documented if they are to be used as evidence. Bruises and broken bones can heal by the time a case comes to trial.
“Creating these new, stronger penalties gives law enforcement and prosecutors good tools to use in these situations,” Giddens said. “But the most important thing to keep in mind is the safety of the victim. The victim is always the first consideration.”
12-26-2002
Any violent crime is particularly heinous, but a violent crime perpetrated by a family member is a particularly horrible, viscous and all too common.
Recognizing this fact, the Alabama Legislature passed a slate of new laws in 2000 adding the designation “domestic violence” to the assault, menacing and harassment statutes already on the books.
Although domestic violence problems remain disheartening common in Alabama, the new laws have made a difference.
Talladega County District Attorney Steve Giddens specifically cites a case — which did not occur in Talladega County — shortly after the new laws went into affect.
“A police dispatcher received a call from a woman who said her husband had just beaten her and she feared for her life,” Giddens said. “The dispatcher sent a patrol car to the couple’s home. But before the officer arrived, the woman called back and told the dispatcher that she no longer wished to press charges, that everything was OK.
“The dispatcher, thinking quickly, asked the woman to give her a number between one and five. The woman said ‘six.’”
When police arrived, the woman’s husband was holding a gun to her head.
In all probability, this woman’s life was saved by a crucial provision of the new law allowing for warrantless arrests in domestic violence cases.
“That is very beneficial for law enforcement,” Giddens explained. “The officer can still make an arrest, even if the victim refuses to sign the warrant.
“If the officer finds a wife or child or husband who has obviously been assaulted, they can make the arrest on their own. It puts it in the officer’s judgment and lets the court determine the crime based on the fact.”
In addition to making arrests simpler, abusers will also face enhanced penalties and mandatory minimum sentences after conviction for domestic violence in the first, second or third degree.
The crime of domestic violence is defined by the relationship between the victim and the suspect.
In order to qualify for a domestic violence charge, the victim must be “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.”
A domestic violence in the third degree charge covers the crimes of harassment, criminal coercion, reckless endangerment or assault in the third degree when any of the above relationships apply.
Domestic violence in the third degree is a Class A misdemeanor, punishable by up to one year in jail upon conviction. For any second or subsequent conviction, the abuser faces a mandatory minimum sentence of 48 hours in jail. The minimum sentence doubles if the abuse is committed in violation of a protection order.
The Alabama criminal code does not generally provide minimum sentences for misdemeanors.
Harassment is defined as subjecting a person to physical contact with the intent to harass, annoy or alarm, or directing obscene or abusive language toward another person. It is normally a Class C misdemeanor.
Menacing is defined as “placing another person in fear of imminent serious physical injury,” and is normally a Class B misdemeanor.
Criminal coercion, reckless endangerment, or assault in the third degree — intentionally causing physical injury — are normally Class A misdemeanors.
Domestic violence in the second degree includes cases of assault in the second degree involving related parties. Assault in the second degree, a Class C felony, is defined as causing “serious physical injury.”
Second degree domestic violence is a Class B felony, meaning the punishment goes up to two to 20 years in prison. Any second or subsequent conviction carries a mandatory minimum sentence of six months in prison, with no possibility for probation, parole, good time or any other sentence reduction.
Domestic violence in the first degree correlates to assault in the first degree, which is defined as assault causing serious physical injury with a weapon or dangerous instrument, intentional disfigurement or dismemberment, recklessly creating a grave risk of death. The penalty for domestic violence in the first degree jumps from a Class B felony to a Class A felony, punishable by 10 to 99 years or life in prison. If a weapon is used, the minimum sentence is 20 years. The mandatory minimum sentence for a second conviction is one year in prison, with no parole or time off.
A second or subsequent offense does not have to be against the same victim.
In all cases, the minimum sentence doubles, again with no possibility of probation, parole or good time, if a protection order is violated.
A mandatory minimum sentence guarantees that the perpetrator will serve every day of the minimum. They may not be given probation, and there is no possibility of parole, time off for good behavior, or any other criteria for early release until the minimum sentence has been served.
In addition to enhanced sentencing, the new laws also mandate that any person charged with domestic violence be held for at least 12 hours as a “cooling off period.”
“During that 12 hours, they will be brought before a judge, who outlines the conditions of their bond,” Giddens explained.
The 12-hour hold is necessary because of the high number of repeat offenders, he added.
As part of a grant awarded to his office last year, Giddens said, computer tracking software has been installed that makes it much easier to track abusers.
The grant also helped pay for laptop computers to run the software, digital cameras to allow police officers to document bruising and other signs of physical abuse, and a prosecutor and victims advocate.
Assistant District Attorney Chad Woodruff is the designated prosecutor for domestic violence cases, and Donna Lackey is the current victims advocate, whose role is to “help the victims find shelter and resources, and to provide guidance through the legal system,” Giddens said.
The cameras are particularly helpful, he added, “because the injuries have to be documented if they are to be used as evidence. Bruises and broken bones can heal by the time a case comes to trial.
“Creating these new, stronger penalties gives law enforcement and prosecutors good tools to use in these situations,” Giddens said. “But the most important thing to keep in mind is the safety of the victim. The victim is always the first consideration.”