Domestic Violence Charges in Alaska

Alaska does not have a separate domestic assault crime; assaults against a household member are charged under the regular assault statutes and flagged as a 'crime involving domestic violence' (defined in AS 18.66.990). A person arrested for a crime involving domestic violence is held without bail until seen by a judicial officer. Committing an assault that is a crime involving domestic violence while a child under 16 is present (in the dwelling, vehicle or place, or within hearing) is the separate crime of assault in the presence of a child, a Class A misdemeanor. A fourth-degree assault (reckless or negligent injury) becomes assault in the third degree, a Class C felony, when the person has been convicted on two or more separate occasions of listed crimes within the preceding 10 years.

Alaska's rule on court-appointed lawyers: If you are charged with a criminal offense and cannot afford to hire an attorney, you are entitled to a court-appointed attorney, often from the state Public Defender Agency. At your court appearance the judge will ask whether you want the court to appoint a lawyer and will either question you about your finances or ask you to fill out a financial statement, under oath. If you are convicted the court will enter a judgment for part of the cost of appointed counsel based on a schedule in Criminal Rule 39(d); for a case that ends at trial: $500 (misdemeanor), $1,500 (class B or C felony), $2,500 (class A or unclassified felony), $5,000 (first- or second-degree murder); a misdemeanor change of plea is $200. If you are not convicted, you usually will not have to pay. A denial can be reviewed by the presiding judge if requested within 3 days (form CR-212). Alaska R. Crim. P. 39; Alaska Court System Self-Help Center; Court form CR-204

Lawyers set their own fees, and Alaska has rules on how they may charge. See hiring a criminal defense lawyer in Alaska for fee rules, how to check a lawyer's license and free help.

How release before trial works in Alaska: A judge sets bail; for felonies the defendant goes before the court within 24 hours after arrest. In setting bail the judge takes into account the seriousness of the crime, whether the defendant is a risk to the community, and whether he or she is a flight risk, and must consider the safety of the victim and the community. Release can be on the defendant's own recognizance, on an unsecured or secured appearance bond, with a third-party custodian (usually a relative or employer) who will be with the defendant and make sure he or she goes to court, and with conditions such as no drinking, driving or contact with the victim. The defense attorney can request a bail hearing, and a defendant can apply for bail review (AS 12.30.006). A statewide misdemeanor bail schedule (dated April 13, 2023) says most misdemeanor defendants arrested without a warrant are released on their own recognizance with standard conditions, sets cash bail for listed offenses (e.g. $500 for a first non-DV assault, $1000 for a second or subsequent non-DV assault), and does not apply to felonies; people charged with domestic violence crimes or second-degree stalking are held until they appear before a judicial officer. AS 12.30.006, 12.30.011, 12.30.027(e); Alaska R. Crim. P. 41; Statewide Misdemeanor Bail Schedule (Apr. 13, 2023) What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Alaska expungement and record sealing rules.