Domestic Violence in the Third Degree is one of Alabama’s most common domestic violence charges—and it often surprises people because the underlying allegation can be something that’s normally charged as a misdemeanor on its own.
In Alabama, a charge becomes Domestic Violence 3rd Degree when the State alleges:
- you committed one of the qualifying underlying crimes, and
- the alleged victim is in a qualifying relationship to you, such as a current or former dating relationship or a present household member. Justia Law
If you’re facing a DV3 charge in Guntersville, Arab, Albertville, Boaz, or Marshall County, it’s important to take it seriously from the start. A DV label can affect bond conditions, firearm rights, employment background checks, and family/custody issues.
What Crimes “Bump Up” to Domestic Violence 3rd Degree in Alabama?
Under Alabama Code § 13A-6-132, a person commits Domestic Violence 3rd Degree if they commit any of the following crimes and the victim is a qualifying domestic/dating/household relation. Justia Law
Underlying offenses that can become DV3:
- Assault in the Third Degree (Ala. Code § 13A-6-22) Justia Law
- Menacing (§ 13A-6-23) Justia Law
- Reckless Endangerment (§ 13A-6-24) Justia Law
- Criminal Coercion (§ 13A-6-25) Justia Law
- Harassment (§ 13A-11-8(a)) Justia Law
- Criminal Surveillance (§ 13A-11-32) Justia Law
- Harassing Communications (§ 13A-11-8(b)) Justia Law
- Criminal Trespass in the Third Degree (§ 13A-7-4) Justia Law
- Criminal Mischief in the Second Degree (§ 13A-7-22) Justia Law
- Criminal Mischief in the Third Degree (§ 13A-7-23) Justia Law
- Arson in the Third Degree (§ 13A-7-43) Justia Law
That means allegations involving arguments, text messages, property damage, or a minor physical incident can escalate quickly when the relationship element is present.
What Relationships Qualify? (Including Dating Relationship)
A DV3 charge requires the alleged victim to be one of the following:
- current or former spouse
- parent, step-parent, child, step-child
- grandparent, step-grandparent, grandchild, step-grandchild
- any person with whom the defendant has a child in common
- a present household member
- a person who has or had a dating relationship with the defendant Justia Law
What counts as a “dating relationship” in Alabama?
The statute defines a dating relationship as a current or former romantic or intimate relationship, characterized by an expectation of affectionate or sexual involvement by either party. Justia Law
“Household member” limitation
For DV3 purposes, a household member excludes non-romantic / non-intimate co-residents (for example, a roommate situation without a romantic/intimate relationship). Justia Law
Penalties for Domestic Violence 3rd Degree in Alabama
Domestic Violence 3rd Degree is generally a Class A misdemeanor. Justia Law
However, the statute has important enhancements:
- Protection Order Violation Minimum: If a defendant willfully violates a protection order and, in the process, commits DV3, the minimum jail term is 30 days (no reduction in time). Justia Law
- Second Conviction: Still a Class A misdemeanor, but requires a minimum of 10 days in jail (no reduction in time). Justia Law
- Third or Subsequent Conviction: becomes a Class C felony. Justia Law
- Prior DV / Strangulation History: If the defendant has a prior conviction for DV1, DV2, domestic violence by strangulation or suffocation, or a substantially similar out-of-state conviction, then a DV3 conviction can be treated as a Class C felony. Justia Law
- Municipal Court Convictions Count: Municipal convictions are included when determining second/third/subsequent convictions. Justia Law
What to Do If You’ve Been Charged
Domestic cases often come with fast-moving consequences (bond conditions, no-contact orders, court dates). Helpful, safe steps usually include:
- Do not violate any no-contact order, bond condition, or protection order.
- Avoid “explaining your side” by text/social media—those messages can become evidence.
- Gather and preserve helpful items: call logs, messages, photos, medical records, witness names, and timeline notes.
Talk to a Domestic Violence Defense Lawyer
If you’re facing Domestic Violence 3rd Degree in Guntersville, Arab, Albertville, Boaz, or Marshall County, you deserve a defense strategy built around the actual charge: (1) the underlying offense and (2) the relationship element.
Guntersville Law, LLC offers a confidential $100 consultation with attorney Paul Seckel.
📞 Call 256-571-1529 or request a consultation online.
FAQ: Domestic Violence 3rd Degree Alabama
Is Domestic Violence 3rd Degree a felony in Alabama?
Usually it’s a Class A misdemeanor, but it can become a Class C felony for third/subsequent convictions or when certain prior DV/strangulation convictions exist. Justia Law
What misdemeanors can become Domestic Violence 3rd Degree?
DV3 can be based on several underlying offenses, including assault 3rd, menacing, harassment, harassing communications, trespass 3rd, criminal mischief 2nd/3rd, and others—when the relationship requirement is met. Justia Law
What counts as a dating relationship for DV3?
A current or former romantic or intimate relationship characterized by the expectation of affectionate or sexual involvement by either party. Justia Law
Does a protection order violation change the penalty?
Yes. If a DV3 occurs during a willful violation of a protection order, there is a 30-day minimum jail term without time reduction. Jus