Domestic violence strangulation in Alabama is a Class B felony punishable by two to 20 years in prison and fines up to $30,000, and the charge sticks even when the alleged victim has no visible injuries and even when the act was only attempted. A conviction also carries lifelong consequences well beyond the sentence: a permanent firearms ban, likely deportation for non-citizens, and serious exposure in any custody case.
What the Statute Actually Covers
Alabama Code 13A-6-138 makes it a crime to commit an assault with intent to cause physical harm, or to commit the offense of menacing, by strangulation, suffocation, or attempted strangulation or suffocation against a qualifying victim.1Alabama Legislature. Alabama Code 13A-6-138 – Domestic Violence by Strangulation or Suffocation
Two features of that language matter in practice. The word “attempted” means the prosecution does not have to prove that breathing or blood flow was actually cut off. And because the menacing alternative is enough, a person can face this charge without physical contact if their conduct placed the other person in fear of imminent serious physical injury through strangulation-related acts.2Alabama Judicial System. Alabama Code 13A-6-138 Jury Instructions
The statute treats strangulation and suffocation as two methods under one offense. Strangulation means applying pressure to the throat or neck in a way that restricts breathing or blood circulation. Suffocation means blocking the nose or mouth. The prosecution does not have to pick one as long as the evidence supports either.
Who Counts as a Qualifying Victim
The charge only applies when the alleged victim fits one of Alabama’s protected domestic categories: a current or former spouse, parent, stepparent, child, stepchild, grandparent, grandchild (including step-relations), someone the accused shares a child with, a current household member, or a person in a current or former dating relationship with the accused.1Alabama Legislature. Alabama Code 13A-6-138 – Domestic Violence by Strangulation or Suffocation If the alleged victim does not fall into one of those categories, this specific felony does not apply, though other assault charges may.
What a Conviction Costs
As a Class B felony, the charge carries two to 20 years in prison.3Alabama Legislature. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies The court can also impose a fine up to $30,000.4Alabama Legislature. Alabama Code 13A-5-11 – Fines for Felonies Where you land in that range turns on the severity of the injuries, whether a weapon was involved, and your criminal history.
Habitual Offender Enhancements
Prior felonies change the math significantly. Under Alabama’s Habitual Felony Offender Act, a defendant convicted of this Class B strangulation offense with one prior felony is sentenced as a Class A felon: 10 years to 99 years or life. With three or more prior felony convictions, the minimum rises to 20 years, with life imprisonment as the ceiling.5Alabama Legislature. Alabama Code 13A-5-9 – Habitual Felony Offenders – Additional Penalties
Batterer Intervention and Restitution
On top of prison and fines, courts can order a convicted person to attend a batterer intervention program at their own expense. Alabama operates these programs in consultation with the Alabama Coalition Against Domestic Violence, and participant fees fund them, though fees may be waived for people at or below 125 percent of the federal poverty level.6Alabama Legislature. Alabama Code 30-7-6 – Perpetrator Counseling Programs Judges may also order restitution for the victim’s medical and therapy costs.
Arrest and the 24-Hour Hold
Officers can arrest without a warrant when they have probable cause to believe a domestic violence offense occurred, and the statute lists strangulation and suffocation among the qualifying offenses.7Alabama Legislature. Alabama Code 15-10-3 – Arrest Without Warrant The officer does not need to witness anything. An account from the alleged victim, visible distress, trouble breathing, or a witness statement can be enough.
When both people show injuries, Alabama uses a primary aggressor analysis instead of arresting both. Officers weigh injury severity, each person’s history of domestic violence, and whether either acted in self-defense. Prior police reports and court records weigh heavily here.
After arrest, there is no quick walk-out. The arrested person must appear before a judge or magistrate within 24 hours before being eligible for bail. If no hearing happens in that window, the person must then be allowed to make bail under standard criminal procedure rules.8Alabama Legislature. Alabama Code 15-13-190 – Procedures Upon Arrest; Conditions of Release or Bail
Judges have broad discretion over the amount. Bail must be sufficient to secure the defendant’s appearance, taking into account the severity of the allegations, prior record, and danger to the victim.9Alabama Legislature. Alabama Code 15-13-103 – Order and Amount of Bail In cases with serious injury or a violent history, the bail can be very high, or denied altogether. Release conditions commonly include a no-contact order, GPS monitoring (typically $5 to $25 per day, charged to the defendant), and mandatory check-ins. Violating any of those triggers re-arrest and bail revocation.
Why Medical Evidence Dominates These Cases
Strangulation is unusual among violent crimes in that it often leaves little or no externally visible injury, which puts the medical record at the center of both the prosecution and the defense.10BMJ Open. Medical Evidence Assisting Non-Fatal Strangulation Prosecution: A Scoping Review A person can suffer dangerous internal injuries to the soft tissues of the neck, airway, and blood vessels without any surface bruising.
Forensic nurses and emergency physicians look for petechiae (tiny red dots from burst blood vessels, often in the eyes or behind the ears), hoarseness or voice changes, difficulty swallowing, and neck tenderness. Alternate light sources have proven to be the most effective tool for revealing intradermal injuries that are invisible under normal lighting.10BMJ Open. Medical Evidence Assisting Non-Fatal Strangulation Prosecution: A Scoping Review
Thorough documentation cuts both ways. Detailed records can corroborate an alleged victim’s account; the absence of expected findings can undercut the prosecution’s theory. A forensic exam done within hours produces the strongest evidence in either direction.
How Defenses Typically Line Up
Defense work in these cases usually runs along a few tracks:
- Attacking the evidence. Medical records showing no injuries consistent with strangulation, photos that do not match the timeline, phone location data, and contemporaneous text messages can all contradict the account.
- Inconsistent statements. Discrepancies between the 911 call, the police interview, and later statements undercut credibility.
- Self-defense. Alabama recognizes self-defense, and the primary aggressor framework runs in both directions. A defendant who was responding rather than initiating has a real argument.
- Suppression. Statements or physical evidence obtained in violation of the defendant’s rights can be excluded before trial.
Expert witnesses appear on both sides. Prosecutors often call a forensic nurse to explain delayed-onset symptoms; defense counsel may retain a medical expert to push back on those conclusions.
Protective Orders Tied to the Charge
A person alleging domestic violence strangulation can seek a protection order with no filing fee. A temporary ex parte order can issue without the accused present and remains in place until a full hearing. Final orders last one year by default, though the judge can set a shorter or longer term, and the protected person can petition to extend the order for an additional definite term.11Justia. Alabama Code 30-5-7 – Orders for Protection or Modification
Violating one of these orders is itself a crime. A first violation is a Class A misdemeanor, with up to a year in jail and a fine of up to $6,000. A second conviction carries a mandatory minimum of 30 days in jail that cannot be suspended. A third violation is a Class C felony.12Alabama Legislature. Alabama Code 13A-6-142 – Violation of a Domestic Violence Protection Order; Penalties
What Follows You After the Sentence
The time and the fine are only the start. A felony conviction for this offense sets off consequences that outlast the sentence by years, sometimes permanently.
Firearms, Forever
Federal law permanently bars anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition. Because this is a Class B felony with a 20-year maximum, the ban attaches automatically on conviction.13Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Alabama independently prohibits anyone convicted of a crime of violence from owning or possessing a firearm, and violating that state prohibition is itself a Class C felony.14Alabama Legislature. Alabama Code 13A-11-72 – Certain Persons Forbidden to Possess Firearms For anyone in law enforcement, the military, or private security, that ends the career.
Employment, Clearances, and Housing
A felony record shows up on background checks and can disqualify you from jobs requiring professional licenses, government employment, or security clearances. Federal clearance adjudicators evaluate domestic violence convictions under guidelines addressing criminal conduct, and a conviction frequently leads to clearance denial or revocation. Landlords screening for violent felony records often deny applicants outright.
Child Custody
Alabama family courts put child safety first. A domestic violence conviction hands the other parent powerful leverage, and courts can restrict or eliminate custody and visitation. Even supervised visitation is not guaranteed.
Immigration
For non-citizens the stakes rise sharply. Federal immigration law makes any person convicted of a crime of domestic violence deportable, regardless of how long they have lived in the United States or their current status.15Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens The statute defines a crime of domestic violence broadly, covering violence against a spouse, former spouse, cohabitant, co-parent, or other person protected under domestic violence laws. For many non-citizen defendants, immigration exposure drives every decision in the case.