Criminal Defense
Simms and Associates

Domestic Violence Lawyer Birmingham, Alabama

Dometisic VioelnceDomestic violence is one of the most common offenses charged by law enforcement. In Alabama, a person commits the crime of domestic violence if they commit the offense of assault, harassment or other similar offenses, and the victim is a current or former spouse, parent, child, person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating relationship with the defendant.

The lawfirm of Simms & Associates successfully attacked the domestic violence statute in 2006 and set a new precedent before the Alabama Court of Criminal Appeals: a mere causal, sexual relationship was ruled insufficient to support a domestic violence conviction - a more meaningful, dating relationship must now be proven.

Zero Tolerance

Domestic violence can come in the form of child or spousal abuse. It is not always about a husband and wife or parent and child. It can involve any two members of a family or domestic partnership. Alabama has a zero-tolerance policy against domestic violence and has led the nation in outlawing domestic violence in 1872. With strict penalties in place, you need aggressive and experienced representation from Simms & Associates.

Difficulties in Prosecuting

The prosecution can have a very difficult time when the victim is unwilling to testify because there has been reconciliation between the parties. It is not uncommon that the victim does not want to see a defendant prosecuted. With an uncooperative victim and no witness to the crime, the case can be difficult or impossible to prove. Accordingly, we successfully defend the vast majority of these cases.

Penalties for Domestic Violence Conviction

In 2011, the Alabama legislature took steps to expand the scope of the Domestic Violence Act.  A domestic violence conviction has severe penalties.  For example, a person convicted of domestic violence is presumed inappropriate to have custody of a minor child and is ineligible to purchase a firearm or obtain a pistol permit.  A second conviction for domestic violence carries a mandatory minimum of 10 days in jail.  You need an aggressive, Alabama domestic violence lawyer to protect your rights if you’ve been charged with domestic violence.

For more information or to schedule an appointment, please contact us.