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15-10-3
Section 15-10-3 Arrest without warrant - Generally; written report; protection orders. (a)
An officer may arrest a person without a warrant, on any day and at any time in any of the
following instances: (1) If a public offense has been committed or a breach of the peace threatened
in the presence of the officer. (2) When a felony has been committed, though not in the presence
of the officer, by the person arrested. (3) When a felony has been committed and the officer
has probable cause to believe that the person arrested committed the felony. (4) When the
officer has probable cause to believe that the person arrested has committed a felony, although
it may afterwards appear that a felony had not in fact been committed. (5) When a charge has
been made, upon probable cause, that the person arrested has committed a felony. (6) When
the officer has actual knowledge that a warrant for the person's arrest for the commission
of a felony or misdemeanor has been issued, provided the warrant was...
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13A-11-72
Commissioner-certified law enforcement officer employed by a law enforcement agency who is
specifically selected and specially trained for the school setting. (i) The term "public
school" as used in this section applies only to a school composed of grades K-12 and
shall include a school bus used for grades K-12. (j) The term "deadly weapon" as
used in this section means a firearm or anything manifestly designed, made, or adapted for
the purposes of inflicting death or serious physical injury, and such term includes,
but is not limited to, a bazooka, hand grenade, missile, or explosive or incendiary device;
a pistol, rifle, or shotgun; or a switch-blade knife, gravity knife, stiletto, sword, or dagger;
or any club, baton, billy, black-jack, bludgeon, or metal knuckles. (k)(1) The term "convicted"
as used in this section requires that the person was represented by counsel in the case, or
knowingly and intelligently waived the right to counsel in the case if required by law, and...
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15-13-190
Section 15-13-190 Procedures upon arrest; conditions of release or bail. (a) A person arrested
for domestic violence in the first degree, pursuant to Section 13A-6-130, domestic violence
in the second degree, pursuant to Section 13A-6-131, domestic violence in the third degree,
pursuant to Section 13A-6-132, interference with a domestic violence emergency call, in violation
of Section 13A-6-137, or domestic violence by strangulation or suffocation, pursuant to Section
13A-6-138, or a violation of a domestic violence protection order, may not be admitted to
bail until after an appearance before a judge or magistrate within 24 hours of the arrest,
and if the person is not taken before a judge or magistrate within 24 hours of the arrest,
he or she shall be afforded an opportunity to make bail in accordance with the Alabama Rules
of Criminal Procedure. (b) The judge or magistrate may impose conditions of release or bail
on the person to protect the alleged victim of domestic violence or...
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13A-6-134
or herself or another family or household member from domestic violence may not be arrested
for a violation of Section 13A-6-130, 13A-6-131, 13A-6-132, or 13A-6-138. In determining whether
a person is the predominant aggressor, the officer shall consider all of the following: (1)
Prior complaints of domestic violence. (2) The relative severity of the injuries inflicted
on each person, including whether the injuries are offensive versus defensive in nature. (3)
The likelihood of future injury to each person. (4) Whether the person had reasonable
cause to believe he or she was in imminent danger of becoming a victim of any act of domestic
violence. (5) Whether one of the persons acted in self-defense. (b) A law enforcement officer
shall not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage
the request for intervention by law enforcement by any party or base the decision to arrest
or not to arrest on either of the following: (1) The specific...
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13A-6-130
Section 13A-6-130 Domestic violence - First degree. (a)(1) A person commits the crime of domestic
violence in the first degree if the person commits the crime of assault in the first degree
pursuant to Section 13A-6-20; aggravated stalking pursuant to Section 13A-6-91; or burglary
in the first degree pursuant to Section 13A-7-5 and the victim is a current or former spouse,
parent, step-parent, child, step-child, any person with whom the defendant has a child in
common, a present household member, or a person who has or had a dating relationship with
the defendant. (2) For the purposes of this section, a household member excludes non-romantic
or non-intimate co-residents, and a dating relationship means a current or former relationship
of a romantic or intimate nature characterized by the expectation of affectionate or sexual
involvement by either party. (b) Domestic violence in the first degree is a Class A felony,
except that the defendant shall serve a minimum term of imprisonment of...
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13A-6-131
Section 13A-6-131 Domestic violence - Second degree. (a)(1) A person commits the crime of domestic
violence in the second degree if the person commits the crime of assault in the second degree
pursuant to Section 13A-6-21; the crime of intimidating a witness pursuant to Section 13A-10-123;
the crime of stalking pursuant to Section 13A-6-90; the crime of burglary in the second or
third degree pursuant to Sections 13A-7-6 and 13A-7-7; or the crime of criminal mischief in
the first degree pursuant to Section 13A-7-21 and the victim is a current or former spouse,
parent, step-parent, child, step-child, any person with whom the defendant has a child in
common, a present household member, or a person who has or had a dating relationship with
the defendant. (2) For the purposes of this section, a household member excludes non-romantic
or non-intimate co-residents, and a dating relationship means a current or former relationship
of a romantic or intimate nature characterized by the expectation...
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13A-5-49
Section 13A-5-49 Aggravating circumstances. Aggravating circumstances shall be any of the following:
(1) The capital offense was committed by a person under sentence of imprisonment. (2) The
defendant was previously convicted of another capital offense or a felony involving the use
or threat of violence to the person. (3) The defendant knowingly created a great risk of death
to many persons. (4) The capital offense was committed while the defendant was engaged or
was an accomplice in the commission of, or an attempt to commit, or flight after committing,
or attempting to commit, rape, robbery, burglary, or kidnapping. (5) The capital offense was
committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape
from custody. (6) The capital offense was committed for pecuniary gain. (7) The capital offense
was committed to disrupt or hinder the lawful exercise of any governmental function or the
enforcement of laws. (8) The capital offense was especially heinous,...
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15-23-60
initial consideration of pre-discretionary leave, passes, and furloughs. (5) COURT. All state
courts including juvenile courts. (6) CRIME VICTIM ADVOCATE. A person who is employed or authorized
by a public entity or a private entity that receives public funding primarily to provide counseling,
treatment, or other supportive assistance to crime victims. (7) CRIMINAL OFFENSE. Conduct
that gives a law enforcement officer or prosecutor probable cause to believe that a felony
involving physical injury, the threat of physical injury, or a sexual offense,
or any offense involving spousal abuse or domestic violence has been committed. (8) CRIMINAL
PROCEEDING. A hearing, argument, or other matter scheduled by and held before a trial court
but does not include a lineup, grand jury proceeding, or other matter not held in the presence
of the court. (9) CUSTODIAL AGENCY. A municipal or county jail, the State Department of Corrections,
juvenile detention facility, Department of Youth Services, the...
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13A-3-23
committing or attempting to commit a burglary of such dwelling. (3) Committing or about to
commit a kidnapping in any degree, assault in the first or second degree, burglary in any
degree, robbery in any degree, forcible rape, or forcible sodomy. (4) Using or about to use
physical force against an owner, employee, or other person authorized to be on business property
when the business is closed to the public while committing or attempting to commit a crime
involving death, serious physical injury, robbery, kidnapping, rape, sodomy, or a crime
of a sexual nature involving a child under the age of 12. (5) In the process of unlawfully
and forcefully entering, or has unlawfully and forcefully entered, a dwelling, residence,
business property, or occupied vehicle, or federally licensed nuclear power facility, or is
in the process of sabotaging or attempting to sabotage a federally licensed nuclear power
facility, or is attempting to remove, or has forcefully removed, a person against his...
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12-15-102
law. This term shall not apply to any of the following: a. An offense when committed by a child
16 or 17 years of age as follows: 1. A nonfelony traffic offense or water safety offense other
than one charged pursuant to Section 32-5A-191 or 32-5A-191.3 or a municipal ordinance prohibiting
the same conduct. 2. A capital offense. 3. A Class A felony. 4. A felony which has as an element
the use of a deadly weapon. 5. A felony which has as an element the causing of death or serious
physical injury. 6. A felony which has as an element the use of a dangerous instrument
against any person who is one of the following: (i) A law enforcement officer or official.
(ii) A correctional officer or official. (iii) A parole or probation officer or official.
(iv) A juvenile court probation officer or official. (v) A district attorney or other prosecuting
officer or official. (vi) A judge or judicial official. (vii) A court officer or official.
(viii) A person who is a grand juror, juror, or witness...
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