The case involved a defendant who was initially charged with third-degree domestic violence after a physical altercation with his partner. According to the facts, the defendant and his partner were in the process of divorcing when an argument escalated into violence. The defendant allegedly grabbed his partner, slammed her head against a counter, and attempted to stab her with a knife. The partner managed to escape, and the defendant was arrested and charged with third-degree domestic violence. He later pleaded guilty to this charge and received a suspended sentence with probation. However, shortly after his guilty plea, the defendant was indicted on more serious charges, including first-degree domestic violence and attempted murder, based on the same incident.

The defendant argued that the new charges violated double jeopardy protections, as they stemmed from the same conduct for which he had already been convicted. He filed a motion to dismiss the charges, but the trial court denied it, agreeing with the prosecution’s argument that the initial conviction could have been based solely on the act of slamming the victim’s head against the counter, while the new charges were based on the use of a knife. The defendant was ultimately convicted of first-degree domestic violence and sentenced to 10 years in prison. He appealed, arguing that the second prosecution violated his double jeopardy rights.

On appeal, the defendant’s legal team successfully argued that third-degree domestic violence is a lesser-included offense of first-degree domestic violence under Alabama law. This means that the elements required to prove third-degree domestic violence are entirely contained within the elements of first-degree domestic violence. Because the defendant had already pleaded guilty to third-degree domestic violence for the same incident, the appellate court ruled that prosecuting him again for first-degree domestic violence violated double jeopardy protections. The court emphasized that the two charges arose from the same act or transaction and that the legislature clearly intended to prevent multiple convictions for the same conduct under these circumstances.

This case highlights how prosecutors may attempt to pursue multiple charges for the same conduct, even when double jeopardy protections should apply. It also demonstrates the importance of having skilled legal representation from the start. While the defendant ultimately prevailed on appeal, he had to endure a lengthy legal process and a wrongful conviction before achieving justice. With effective advocacy early on, the case might have been resolved more favorably without the need for an appeal.

Have You Been Charged with a Crime?

If you or a loved one is facing criminal charges in Alabama, it’s crucial to have an experienced Alabama defense attorney by your side. At Stoves Law Firm, we understand the complexities of criminal law and are dedicated to protecting your rights. Whether you’re accused of domestic violence, drug offenses, white-collar crimes, or any other felony or misdemeanor, we have the knowledge and experience to build a strong defense on your behalf. Don’t leave your future to chance—reach out to Stoves Law Firm today for the legal defense you need by calling 205-823-7233. Let us help you navigate the legal system and fight for the best possible outcome in your case.

A recent case out of Alabama highlights just how critical these procedural differences can be. The defendant in this case was originally convicted of a crime and later placed on probation. However, his probation officer later alleged that he had violated the terms of his probation by committing multiple new offenses, including third-degree theft, attempting to elude, first-degree domestic violence (first-degree burglary), and third-degree domestic violence (third-degree assault). Given these allegations, the state moved to revoke his probation.

At the probation revocation hearing, the circuit court heard from a Mobile Police Department officer about only one of the alleged violations: the domestic violence charge. The state requested that the court take judicial notice of a prior finding of probable cause in district court regarding this charge. The defense objected, arguing that the court had no non-hearsay evidence to support revocation. The victim did not testify at the hearing, and the evidence presented consisted primarily of statements made in a prior preliminary hearing and the observations of a police officer who did not witness the alleged offense firsthand. Despite these objections, the court proceeded to revoke the defendant’s probation.

On appeal, the defendant argued that the lower court erred in revoking his probation without holding a proper hearing and without sufficient non-hearsay evidence. Alabama law requires that before revoking probation, a court must hold a hearing that provides basic due process protections, including the right to present evidence and confront witnesses. The Alabama Court of Criminal Appeals agreed, finding that the lower court failed to meet these procedural requirements. Because no live testimony was taken at the hearing and the decision rested solely on prior judicial findings and unsworn statements, the appellate court determined that the revocation was improper. As a result, the defendant’s probation was reinstated—at least for the time being. If the state wishes to revoke his probation, it must now do so through a properly conducted hearing that meets due process standards.

This case highlights an important legal reality: while the standard for revoking probation is lower than the standard for obtaining a conviction, there are still rules that courts must follow. Unlike at trial, where the state must prove guilt beyond a reasonable doubt, a probation revocation only requires the court to be “reasonably satisfied” that a violation occurred. However, this does not mean that probationers lose all of their legal protections. Alabama law is clear that hearsay alone cannot be the basis for revocation, and due process still applies in these proceedings.

Are You Facing a Revocation Hearing?

If you are facing new criminal charges or if you you have a pending probation violation hearing, having an experienced defense attorney is crucial. A skilled Alabama defense attorney can challenge weak evidence, ensure that proper procedures are followed, and fight to protect a defendant’s rights at every stage of the process. Whether you are seeking to avoid a conviction in the first place or defending against a probation revocation, legal representation can make all the difference.  Stoves Law Firm is dedicated to helping clients navigate the toughest legal challenges and achieve the best possible outcomes in their cases. Don’t leave your future to chance—reach out to Stoves Law Firm today for the legal defense you need by calling 205-823-7233.

Alabama defines domestic violence in three ways, diving the charges up into domestic violence assault in the first degree, second degree, and third degree. In Alabama, a domestic violence in the first degree charge is defined as when a person commits against a household member any of the following crimes: assault in the first degree, aggravated stalking, or burglary in the first degree.

A domestic violence in the second degree charge is defined as when a person commits against a household member any of the following crimes: assault in the second degree, intimidating a witness, stalking, burglary in the second or third degree, and criminal mischief. A domestic violence in the third degree charge is defined as when a person commits against a household member any of the following crimes: assault in the third degree, menacing, reckless endangerment, criminal coercion, harassment, criminal surveillance, harassing communications, criminal trespass in the third degree, criminal mischief in the second or third degree, and arson in the third degree

Understanding How the Police Make Domestic Violence Arrests

This specific circumstance is specifically described by Alabama law. Criminal Code § 13A-6-134 directs police officers on how to act when making the determination of who to arrest during a domestic violence case. When a police officer receives complaints of domestic violence from two or more people and both have injuries, the officer is to evaluate each person individually to try to determine who the predominant aggressor is.

The officer may consider a number of factors to help determine who the predominant aggressor was during the incident in question. They might look at who has the injuries and how severe they are as well as the likelihood of future injury to either party and whether someone was acting in self-defense they will also consider if there have been previous complaints of domestic violence regarding one or both of the parties. If things have escalated to the point where the police are involved, there is a chance that at least one person is going to jail and sometimes, the police may arrest both parties. It is important to reach out to a criminal defense attorney if you have been charged with a serious crime in Alabama.

Have You Been Charged for a Serious Crime in Alabama?

If you or someone you love has been charged with a violent crime in any of the following Alabama counties: Jefferson, Shelby, or Tuscaloosa, let the veteran criminal defense attorneys at the Stoves Law Firm help you get the legal defense you deserve. When your future is on the line, having an experienced team of lawyers by your side can make all the difference. Our attorneys have successfully represented criminal defendants at every stage of their case and we take great pride in being able to help our clients overcome the charges they face so they can get their lives back on track. If you have questions about your case, call us today at (205) 823-7233 and schedule a free and no-obligation initial consultation with an Alabama criminal defense attorney in our office.