Domestic Violence 1st Degree in Alabama: Penalties and Lasting Consequences

Domestic violence in the first degree is Alabama’s most serious domestic violence offense, a Class A felony carrying 10 to 99 years or life in prison, a fine of up to $60,000, a lifetime federal firearm ban, and loss of voting rights. The charge applies when a person commits first-degree assault, aggravated stalking in the first degree, or first-degree burglary against a spouse, former spouse, co-parent, family member, household member, or dating partner.¹

What Qualifies as First-Degree Domestic Violence

Alabama does not define first-degree domestic violence as a single act. The prosecution has to prove the defendant committed one of three specific felonies against a qualifying victim.¹

Assault in the first degree is the most common pathway. It covers intentionally causing serious physical injury with a deadly weapon or dangerous instrument, intentionally causing permanent disfigurement, amputation, or loss of use of a body part, and acting with extreme indifference to human life in a way that recklessly creates a grave risk of death and causes serious physical injury.² “Serious physical injury” has a specific statutory meaning in Alabama and is what separates first-degree charges from lesser domestic violence offenses, where ordinary pain or minor injury is enough.

Aggravated stalking in the first degree adds a court order violation to the base stalking offense of repeatedly following or harassing someone, with a threat, intending to put the victim in reasonable fear of death or serious bodily harm.³

Burglary in the first degree involves unlawfully entering or remaining in a dwelling with intent to commit a crime inside, with aggravating circumstances such as being armed, causing physical injury, or using a dangerous instrument. Breaking into a former partner’s home to confront them can trigger a first-degree domestic violence charge through this route even if serious injury wasn’t the original plan.

Who Counts as the Victim

The underlying crime only becomes first-degree domestic violence when the victim falls within one of the relationship categories in the statute:¹

Current or former spouses.
People who share a child, whether or not they ever married or lived together.
Parents, children, step-parents, step-children, grandparents, step-grandparents, grandchildren, and step-grandchildren.
Present household members.
People in a current or former dating relationship with the defendant.

The dating category catches many defendants off guard. There is no requirement of cohabitation or a formal arrangement, and Alabama courts examine the nature and duration of the relationship to decide whether it qualifies. Short relationships can still meet the threshold.

Prison Time and Fines

As a Class A felony, first-degree domestic violence carries 10 years to 99 years or life. The 10-year floor comes from Alabama’s general felony sentencing statute and cannot be reduced for any Class A offense.⁴ The court can also impose a fine of up to $60,000, separate from any restitution ordered for medical bills, property damage, or lost income.⁵

When the Minimum Sentence Doubles

Two circumstances double the minimum term of imprisonment under the statute, with no reduction allowed through probation, parole, or good-time credits:¹

The defendant was under a valid protection order and willfully violated it while committing the offense. The order can be temporary or permanent, and the court must confirm the defendant had notice of it.
A child under 14 was present when the crime occurred.

A separate enhancement in Alabama’s general felony sentencing statute raises the minimum to 20 years for any Class A felony committed with a firearm or deadly weapon.⁴ Since many first-degree domestic violence cases involve a weapon, this enhancement comes into play often.

Second or Later Convictions

A second or subsequent first-degree domestic violence conviction carries the same 10-to-99-year range, but with a hard one-year minimum that cannot be reduced through probation, parole, or good-time credits.¹ A repeat offender is guaranteed at least a year in prison with no early release during that period.

Arrest, Hold, and Bail Conditions

Anyone arrested for domestic violence in Alabama is placed on an automatic hold. Bail cannot be posted until the defendant appears before a judge or magistrate, which must happen within 24 hours of arrest. If the hearing doesn’t occur in that window, the defendant becomes eligible to make bail under standard rules.⁶

At that hearing, the judge can attach conditions for the victim’s protection. Common ones include no-contact orders covering in-person, phone, electronic, and third-party communication; firearm restrictions, with narrow exceptions for active law enforcement or military; and any other condition the judge finds necessary for safety. These orders are entered into Alabama’s domestic violence protection order registry so officers statewide can verify them.⁶ Violating a pretrial condition can lead to bail revocation and additional charges.

Consequences That Outlast the Sentence

Lifetime Federal Firearm Ban

A conviction triggers a lifetime federal ban on possessing firearms or ammunition. Federal law prohibits anyone convicted of a crime punishable by more than one year in prison from shipping, transporting, or possessing a firearm, and a Class A felony clears that threshold easily.⁷ The ban applies after the prison sentence is served, extends to ammunition, and has no home-possession exception. Possessing a firearm in violation of this law is a separate federal felony. A state pardon or expungement may restore firearm rights under Alabama law, but whether it lifts the federal ban depends on the terms of the restoration and how federal courts in the jurisdiction interpret it.

Voting Rights

Alabama classifies first-degree domestic violence as a felony involving moral turpitude, which disqualifies a person from voting under the state constitution.⁸ Voting rights do not return automatically. Restoration requires applying for a certificate of eligibility to register to vote after completing the full sentence, including parole or probation, and then going through standard voter registration.

Employment

Federal guidelines ask employers to weigh criminal history by the seriousness of the offense, how much time has passed, and how the conviction relates to the job’s duties, rather than imposing blanket bans.⁹ In practice, a violent Class A felony is among the hardest convictions to overcome in hiring. Jobs involving vulnerable populations, government clearances, or professional licensing are often closed off permanently.

Housing

Federal law does not blanket-ban people with felony convictions from public housing or voucher programs. Mandatory permanent bans apply only to registered sex offenders with lifetime registration and to people convicted of making methamphetamine on federally assisted housing premises.¹⁰ Local housing authorities set their own criminal background policies and regularly deny applicants with violent felony convictions, and private landlords in Alabama can use criminal history as a screening factor with few restrictions.

For Victims Whose Status Depends on the Abuser

Victims of first-degree domestic violence who rely on the abuser for immigration status have a confidential path under the Violence Against Women Act. An abused spouse, child, or parent of a U.S. citizen or lawful permanent resident can self-petition for legal residency on Form I-360 without the abuser’s knowledge; immigration authorities will not contact the abuser.¹¹ The petitioner must show the relationship was entered in good faith, that they experienced battery or extreme cruelty (which can include emotional, psychological, or economic abuse), and that they lived with the abuser in the United States at some point. No police report or conviction is required. There is no filing fee, and an approved petition can lead to work authorization and eventually a green card, though processing currently takes several years.

1
Alabama Legislature. Alabama Code 13A-6-130 – Domestic Violence – First Degree
2
Alabama Legislature. Alabama Code 13A-6-20 – Assault in the First Degree
3
Alabama Legislature. Alabama Code 13A-6-91 – Aggravated Stalking in the First Degree
4
Alabama Legislature. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies
5
Alabama Legislature. Alabama Code 13A-5-11 – Fines for Felonies
6
Alabama Legislature. Alabama Code 15-13-190 – Conditions of Release or Bail
7
Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
8
Alabama Legislature. Alabama Code 17-3-30.1 – Disqualification of Electors for Conviction of Certain Felonies
9
U.S. Equal Employment Opportunity Commission. Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act
10
HUD Exchange. Are Applicants With Felonies Banned From Public Housing or Any Other Housing Funded by HUD?
11
Office of the Law Revision Counsel. 18 USC 2266 – Definitions