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Domestic Violence with Strangulation or Suffocation

The Stoves Law Firm, P.C., has vast experience dealing with cases related to domestic violence and the obstruction of emergency calls in Alabama. One such case is the interference with a domestic violence emergency call. If you are charged with this very serious crime, you need the Birmingham Domestic Violence Defense Attorney on your side. This offense, as defined by Alabama Code Section 13A-6-137, occurs when an individual commits domestic violence and restricts the airway or breathing of the victim in any way.

Take for instance a situation where a domestic dispute escalates into physical violence. Any action made in an attempt to prevent the victim from breathing properly could be a violation of Alabama Code Section 13A-6-137. This action represents a clear violation of Alabama Code Section 13A-6-137.

Domestic violence with strangulation is considered more serious than typical domestic violence. This is because of statistics pointing to an increase in more serious violence when there has been strangulation in prior incidents. Simply put, if you strangle someone in a domestic violence incident today, you are statistically more likely to do more harm next time, or even to kill them.

Common Defenses to Domestic Violence

  • Self-Defense: This defense is commonly used when the accused believes they were in imminent danger and had to protect themselves. However, the force used in self-defense must be proportional to the perceived threat.
  • False Accusation: Sometimes, individuals may be falsely accused of domestic violence due to various reasons such as custody battles, personal vendettas, or misunderstandings. In these cases, the defendant can argue that the allegations were fabricated.
  • Lack of Proof: The prosecution must present a reasonable amount of evidence to prove that domestic violence occurred. If they fail to do so, the defense can argue that there is not enough evidence to support the charges.
  • Consent: Although rare and difficult to prove, the defense might argue that the alleged victim consented to the act. It’s important to understand that this does not excuse or justify abusive behavior. It is a complex defense that requires a deep understanding of the law.

Domestic violence with strangulation is a serious crime in Alabama. The Stoves Law Firm, P.C., is committed to ensuring that victims of this crime receive justice. If you or someone you know has experienced this type of interference, we encourage you to reach out to us at (205) 823-7233.

Client Reviews

"Jason was very sweet and informative he made sure I kept up with my case and also help get me off a very serious charge and he is very affordable I would definitely recommend him to everyone."

Meosha B.

"The Stoves Law Firm worked hard to get the best results I was looking for. Providing excellent advice and direction throughout the entire process. I would highly recommend The Stoves Law Firm!"

Robbey S.

Unfortunately I received my 2nd DUI but Jay as able to get it handled for me. His fees were reasonable and he did a great job

Bret C.

Reasonable Doubt for a Reasonable Price

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