Domestic Violence Lawyer

Domestic Violence Attorney serving Birmingham, Jefferson County, Shelby County and surrounding Alabama Counties

Domestic violence charges are committed in the heat of an argument. In most cases the parties have been drinking or under the influence of drugs. The police are usually called either by one of the parties or a neighbor. If a law enforcement officer receives complaints of domestic violence from two or more opposing persons, the officer shall evaluate each complaint separately and determine who the primary aggressor is. The Alabama Code defines who the “primary aggressor” is. If the officer determines that one person is the primary physical aggressor, the officer need not arrest the other person alleged to have committed domestic violence. In determining whether a person is the primary aggressor the officer will consider prior complaints of domestic violence, the relative severity of the injuries inflicted on each person, the likelihood of future injury to each person and whether one of the persons acted in self-defense.

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 consent or request of the victim.
  2. The officer's perception of the willingness of a victim of or witness to the domestic violence to testify or otherwise participate in a judicial proceeding.

The officer was not there at the scene and it is almost impossible for the officer to testify what exactly happened. The facts are taken from two people who are in an emotional state and usually intoxicated.

A person commits the crime of domestic violence in the third degree when they threaten the other party with physical harm, reckless endangerment, coercion or harassment with someone who is a current or former spouse, parent, child, a person whom the Defendant has a child in common, current or former dating relationship. Domestic violence in the third degree is a Class A misdemeanor.

Domestic violence in the second degree is actual assault to the victim meeting the above definitions and is a Class B felony with mandatory imprisonment of six months for second or subsequent convictions.

Domestic violence in the first degree is actual assault to the victim meeting the above definitions and is a Class A felony with mandatory imprisonment of one year for second or subsequent convictions.

John has successfully defended numerous domestic violence cases and is successful in aggressive defense resulting in reduced charges and getting the case dismissed entirely.

Call John now if you have been charged with domestic violence 205-745-7053.