Ala. Code
Code of Alabama

Ala. Code § 13A-6-130 (2026)

Domestic Violence - First Degree.

✓ official Alabama Legislature (ALISON) text, current July 2026
Find cases: SyfertCases citing this section JustiaAla. Code CornellLII Search CasesGoogle Scholar

(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, grandparent, step-grandparent, grandchild, step-grandchild, 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 one year without consideration of probation, parole, good time credits, or any other reduction in time for any second or subsequent conviction under this subsection.

(c) The minimum term of imprisonment imposed under subsection (b) shall be double without consideration of probation, parole, good time credits, or any reduction in time if either of the following occurs:

(1) A defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the first degree.

(2) The offense was committed in the presence of a child under the age of 14 years at the time of the offense, who is the victim’s child or step-child, the defendant’s child or step-child, or who is a child residing in or visiting the household of the victim or defendant. For purposes of this subsection, “in the presence of a child” means that the child was in a position to see or hear the act.

(d) The court shall make a written finding of fact, to be made part of the record upon conviction or adjudication, of whether or not the act was committed in the presence of a child. If a defendant has a trial by jury and the jury finds the defendant guilty, the jury shall also render a special verdict as to whether or not the defendant committed the act in the presence of a child.

(Act 2000-266, p. 411, §1; Act 2011-581, p. 1273, §1; Act 2015-493, p. 1679, §2; Act 2018-538, §1; Act 2019-252, §1; Act 2023-494, §1.)

Notes of Decisions
Cited in 12 cases (6 in the last 5 years), 2001–2026 · leading case: Bigham v. State, 23 So. 3d 1174 (Ala. Crim. App. 2009).
Sort: Relevance Newest Treatment
Bigham v. State, 23 So. 3d 1174 (Ala. Crim. App. 2009). · cites it 2× “The appellant, James Alter Bigham, was convicted of domestic violence in the first degree, a violation of § 13A-6-130, Ala. Code 1975. The circuit court sentenced Bigham to 25 years’ imprisonment.”
McMillian v. State, 58 So. 3d 849 (Ala. Crim. App. 2010). · cites it 2× “Oscar Levell McMillian was convicted of first-degree domestic violence, a violation of § 13A-6-130, Ala.Code 1975. The trial court sentenced McMillian, as a habitual felony offender, to life in prison.”
Boyd v. Ottman, 961 So. 2d 148 (Ala. Civ. App. 2006). · cites it 2× “” Ala.Code 1975, §§ 13A-6-130(a), 13A-6-131(a), and 13A-6-132(a).”
Morris v. State, 196 So. 3d 1256 (Ala. Crim. App. 2015). “An element of first-degree domestic violence, § 13A-6-130, Ala.Code 1975, a Class A felony, is the commission of first-degree assault, § 13A-6-20, Ala.”
Younes Essouiri v. State of Alabama (Appeal from Jefferson Circuit Court: CC-19-1562) (Ala. Crim. App. 2024). · cites it 13× “Younes Essouiri appeals his convictions for first-degree domestic violence (first-degree aggravated stalking), see § 13A-6-130, Ala. Code 1975; and second-degree domestic violence (third-degree burglary), see § 13A-6-131, Ala.”
Murphy v. State, 807 So. 2d 603 (Ala. Crim. App. 2001). · cites it 2× “The record indicates that Murphy was charged with domestic violence in the first degree, a violation of § 13A-6-130, Ala. Code 1975 (incorporating the offense of assault in the first degree as defined in § 13A-6-20, Ala.”
William Dixon v. City of Birmingham, Alabama (11th Cir. 2022). · cites it 2× “See Ala. Code § 13A-6-130. 5 4 We review the denial of summary judgment on qualified immunity grounds de novo.”
Brett Tyler Wahlgren v. State of Alabama (Appeal from Jefferson Circuit Court: CC-23-1807) (Ala. Crim. App. 2024). · cites it 2× “Brett Tyler Wahlgren was convicted of first-degree domestic violence, see § 13A-6-130, Ala. Code 1975. The circuit court sentenced him to 20 years' imprisonment, but it ordered that the sentence be split CR-2024-0013 and that Wahlgren serve 4 years in confinement followed by 5…”
In re: State of Alabama v. Mason John Grimes (Ala. 2026). · cites it 2× “Code 1975; domestic violence in the first degree, § 13A-6-130, Ala. Code 1975; human trafficking in the first degree, § 13A-6-152, Ala.”
In re: State of Alabama v. Brooklyn Paige Grimes (Ala. 2026). · cites it 2× “Code 1975; domestic violence in the first degree, § 13A-6-130, Ala. Code 1975; human trafficking in the first degree, § 13A-6-152, Ala.”
Warren Terrell Hardy v. State of Alabama (Ala. Crim. App. 2026). “Code 1975, for the kidnapping CR-2022-1044 of Warren Bradford and his granddaughter Kalen Holtcamp, one count of first-degree domestic violence based on the aggravated stalking of Jessica Holtcamp, a violation of § 13A-6-130(a)(1), Ala. Code 1975, and one count of discharging a…”
Mancuso v. State, 853 So. 2d 1024 (Ala. Crim. App. 2002). “See §§ 13A-6-130, -131, and -132, Ala.Code 1975.”
Ala. Code § 13A-6-130(a): 1 case
Boyd v. Ottman, 961 So. 2d 148 (Ala. Civ. App. 2006). “” Ala.Code 1975, §§ 13A-6-130(a), 13A-6-131(a), and 13A-6-132(a).”
Ala. Code § 13A-6-130(a)(1): 3 cases
William Dixon v. City of Birmingham, Alabama (11th Cir. 2022). “See Ala. Code § 13A-6-130. 5 4 We review the denial of summary judgment on qualified immunity grounds de novo.”
Younes Essouiri v. State of Alabama (Appeal from Jefferson Circuit Court: CC-19-1562) (Ala. Crim. App. 2024). “Younes Essouiri appeals his convictions for first-degree domestic violence (first-degree aggravated stalking), see § 13A-6-130, Ala. Code 1975; and second-degree domestic violence (third-degree burglary), see § 13A-6-131, Ala.”
Warren Terrell Hardy v. State of Alabama (Ala. Crim. App. 2026). “Code 1975, for the kidnapping CR-2022-1044 of Warren Bradford and his granddaughter Kalen Holtcamp, one count of first-degree domestic violence based on the aggravated stalking of Jessica Holtcamp, a violation of § 13A-6-130(a)(1), Ala. Code 1975, and one count of discharging a…”
Ala. Code § 13A-6-130(b): 1 case
Younes Essouiri v. State of Alabama (Appeal from Jefferson Circuit Court: CC-19-1562) (Ala. Crim. App. 2024). “Younes Essouiri appeals his convictions for first-degree domestic violence (first-degree aggravated stalking), see § 13A-6-130, Ala. Code 1975; and second-degree domestic violence (third-degree burglary), see § 13A-6-131, Ala.”
Ala. Code § 13A-6-130(c): 1 case
Younes Essouiri v. State of Alabama (Appeal from Jefferson Circuit Court: CC-19-1562) (Ala. Crim. App. 2024). “Younes Essouiri appeals his convictions for first-degree domestic violence (first-degree aggravated stalking), see § 13A-6-130, Ala. Code 1975; and second-degree domestic violence (third-degree burglary), see § 13A-6-131, Ala.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.